GIFT OR NOT?

Evening Post, Volume CX, Issue 32, 6 August 1930, Page 11

GIFT OR NOT?

DEAD MAN'S PROPERTY

CITY COUNCIL DEBENTURES

Alleging that the deceased had made a gift of tlio debentures to him, Victor' Alfred Smith, in the Magistrate's. Court to-day, denied the theft of thirteen City Council debentures of the total value of &V 622, the property of Martin Byrne (deceased). Mr. E. Page, S.M., was on the Bench, Rub-Jnspcctor Ward prosecuted, and Mr. A. B. Sicvwright appeared for the accused. In outlining the case, Sub-Ijispecl-or Ward said that on 24th May, Martin Byrne, a City Council employee, dropped dead at his work. He was a thrifty and industrious man, and had been boarding with the accused for some time before his death. A representative of the Public Trust Of-, tice subsequently called at the accused's house, for the purpose of investigating his effects, not knowing at the time that the. deceased had left a. will. Some weeks later it was discovered that the deceased had left a will and that the Public Trustee was the administrator of the estate. The will was made in 1927. At that time the deceased mentioned that he had £1000 invested in City Council debentures. The Public Trustee representative again called on the accused and questioned his knowledge of the debentures. The accused denied any knowledge of them and said that the deceased might have given them to some woman of the streets. The matter was reported to the police, and subsequent inquiries showed that at the time the accused was speaking to the representative of the Public Trustee ho had already handed over twelve of the- debentures to sharebrokers for sale, and was also in possession of one of them himself. His explanation to the police was that about a fortnight before the deceased died he handed the accused a sealed envelope and. said that if anything happened to him the accused was to keep it, and the reason why ho had not told the Public Trustee anything about the debentures was because he thought it was no business of the Public Trustee's. Detective W. E. Murray said that the accused had made an application to the Public Trustee claiming the bonds, but this was after witness had commenced inquiries. Evidence was called along these lines, and at its conclusion the accused pleaded not guilty. Ho was committed to the Supreme Court for trial. Bail was allowed in his own bond of £200 and one surety of £200. He is to report to the police daily.