SUPREME COURT

Evening Post, Volume CX, Issue 104, 29 October 1925, Page 8

SUPREME COURT

CRIMINAL SESSIONS

AN ART UNION CASE.

The criminal sessions of the Supreme Court were contiuued to-day before the Chief. Justice (Sir Robert Stout).

James Walsh, a middle-aged man, was charged with the theft, of various sums of money, amounting to £57 12s, the property of William Yfirlelt, now deceased. The offences were alleged to .have taken place between Ist February and 20th May, 1925, in connection with an art union jot up for the benefit of the family of Yarleft, who was at that time seriously ill with an incurable disease.

Mr. P. y. K. Macassey appeared for the Crown, and Mr. W. 11. Tustin for tho accused, who pleaded not guilty. Tlio foreman of tho jury was Mr. Edward Henderson.

The case as put by the Crown Prosecutor was that Yarlett had employed the accused, a commission agent, to 6ell the tickets in connection with the art union. It was alleged that the accused withheld part of the proceeds of the sale of the tickets amounting to the sum stated in the charge.

Evidence was given by Percy Keesii:g, solicitor, engaged by Yarlett to safeguard his interests in the art union, to the effect that a balance of £57 12s was due to Yarlett and not paid over by accused. Witness pointed out to Walsh that the moneys were trust moneys, and accused promised to pay over the amount due.

Mr. Yarlett died on sth June, while witness was making . investigations. Witness was instructed by the widow not to take further action, and this course was followed. •

Chief-Detective Cameron slated that tho accused had agreed that the facts would be admitted in order to dispense with a number of witnesses. The raflie was to have been drawn o;i 24th Juno at Newtown. Ten thousand tickets had been printed, and bound in 400 books of 25 tickets each. The accused had disappeared from Wellington early in Juno. He was located at New Plymouth in the middle of September. In accused's office the butts of 7590 tickets were found, showing the sale of a little over 300 books. Receipts were found for the amount paid over to Mrs. Yarlett, s,ome £74 10s, and £10 to Mr. Yarlett. In a statement made to Detective Cooney at New Plymouth accused declared bis intention to square up accounts. ■ Yarlett owed him something for services rendered. A number of the books had been stolen. There was no criminal intent in putting the £57 12s in question' to his own use.

Addressing the jury on behalf of.the accused, Mr. Tustiu., submitted that the amount due was really a civil debt incurred by accused with the consent, of Ilia deceased Yarlett. Counsel admitted that_ twelve years back Walsh had a previous conviction.

Accused gave evidence ns in liis dealings with the deceased Yarletl, to whom ho had lent £10, of which £5 was repaid. Later lie lent him £9 17s 6d. He had nssets to cover the balance duo to Mrs. yarlett. He left. Wellington on 19th June, leaving authority to dispose of his business matters.

To Mr. Mncassey: Ho did not lc;ivo Wellington cm account of tlio arl union. .Ho could not toll the real reason. There were some things people had to pay for. Accused admitted being convicted in 1914 of seven charges of false pretences. He was admitted to probation and ■ made full restitution.

Neither counsel addressed the jury

His Honour then summed up and the jury retired at noon. They returned at 12.00 p.m. with a verdict of guilty. The accused was remanded until to-morrow for sentence.

ALLEGED POSTAL FRAUD. Christine Audrey Helen Maunsell pleaded not guilty to a charge that on 18th August, 1025, ut Herctauns>a, she did fraudulently state that she had posted, a postal packet containing money to wit, £'25, whereas in fact she did not do so.

Mr. Macassey conducted the case fur the Crown, and Mr. Tustine, with him Mr. O'Donovan, appeared for the accused.

Mr. K. Bethunc w;as foreman of the jury-

Counsel for the Crown stated that the accused had bought some furniture from n Mrs. Simpson in 1921 for £21, but did not pay for it. On 18th August last, at Heretaunga, she wrote stating that she enclosed the sum of £25 and registered the letter. Mrs. Simpson received- the letter on 21st August, but there was no money enclosed. Counsel submitted that no money was ever enclosed. This the accused admitted was true. She must have placed the notes in another envelope.

Evidence was given by Louise Theobald, postmistress at Heretaunga, ua to the registration of the letter in question. The accused had made no inquiries a,bout it.

Further evidence on tins lines of I'll lit given in the Lower Court was tendered by the police.

The Court then adjourned till the iii'ternooti.