SUPREME COURT.

Gisborne Times, Volume XXII, Issue 1747, 12 May 1906, Page 3

SUPREME COURT.

CRIMINAL SITTINGS.

(Before His Honor Mr Justice Chapman.) A SALUTOUY SENTENCE

In the case of Wiliam Fonry, ohargod will attempting t) commit a criminal ussault upon a littlo girl, tbo accused appeared for scut, nee, l.Ls Honor asked if anything was known eg uii! t the aumi.-ed. The Crown L\. s outer : Thero is notti-n-g known against liiin, exoi-pl a number of charges of drunkemirs’, and that he has lieen unlor prohibition several limes. Ilia Honor : Have you nnthing to say V 1 *iisoncr: I lnd a fall from a horse nil.' tun- ago, and it nfitCis tny head I v -h you will take this into o iiisidt-ra'ion

l i-i-ally reiuembt-r nothing about it. I am oxo udingly sorry for what has boon done. His Honor: You have ploaded guilty ta one of the mod ssricus offerees of iho law.

1 have read tbo depositions in this case. The charge upon which you have pleaded guilty is that you did a 1 tempt to carnally know a girl uodot the ago of twelve

years. The depositions would certainly support a ohargo of ovou a more serious crime than this—the one of violonoo. The sontouoo whiob I sha'l pais upon you, however, is in no respect to that ohargo, but of the chargo to which you have pleaded guilty. I have had to consider most carefully wbat sentence should bo

passed upon a man who has acted as you have seted. The offeooo is one which it is difficult to provint whoa a man is hotel mined to con tut it. You waylaid a iiC.D girl in the suburban portion of tbo town aud ili-treated her in the way statod

in the depositions. I must fix suoh a sentence that will prevent you for a long time from ropeatiog such an offenc 3 , and such a sentence as will not as a deterrent upon others who may bo disposed to do suoh a thing. It it an unfortunate thing that a judge should sen'.oooo a man with nothing previous against his character, for a term of imprisonment, but the circumstances of the case and the law leave me no option. It is in my power to add the degrading punishmsnt of the lash, but

that I will cot do on this oooasion, because you have refrained from using violence. You have abused this child and used her in such a way that she will probably remember to the end of her days, and io the town aod district in whioh she lives other ohildten and women have been terrified by your aot. You will be imprisoned in the Auckland gaol aod there k-pt to hard labor for six years. FALSE PRETENCES. FraDk Gerald Bailey alias Brooks, convicted and sentenced to 18 months’ im-

prisonment for obtainiog money by false pretences, was further indicted upon a ohargo of obtaioiog two sums of moaey from G. B. Omanuy meaos of eixvalueless cheque?, also on two counts of biding Marion Myers in c:mmittal of the offence. Accused plealel guilty.

Prisoner said the woman, whose name had been mentioned, had had notbiag to do with the .charges as far a 3 her know ledge was ooncorned. She knew his racing name was Gerald Wilsou, -and she cssbod tbe cheques, thinking she was doing quite light. In fact, she did not know the meaning of a dishonored ch‘que. His Honor : I do not think it neoessary oo leDgtbeu the term I have already passed upon you. You ore seotenoed to eighteen

months' imprisonment, concurrent with ho sentence you reouvad yesterday.

In the case of the woman the Crown ■ntored a nolle prosequi.

A QUESTION OF BOOK KEEPING

Omisidarable i't;ress cmcred in tbo c is. s against William Oiwald Skeat, under ihe Bankruptcy Ait of failing to ke:-p prop-r i oaks of ajcounts

Mr J. W. Nulau appsared for the prosecution, Mr 8 ook appearing with Mr Lusk for the defendant.

i’ac rignt of challenging was freely xarcisi d, counsel for the d fence reaching

be limit whilst tbo Crawa was only ooe

.hurt of the untnbor.

Tne following jury was empanelled : 0. W-iud. VV. A tuns, H. Craill, F. Cjx, VV. J. Green, J J. Rissbotham, W. J.

Hamon, B. G. Sieggall, W. Hidley, W. Mason, M. McL.-od, and G. Pie3se. Mr McLeod was chossn foremao.

Mr Nolan, in opening, briefly detai’ed tbo evidence, which be proposed to placs before the jury. Tne first witness ca'led was John Coleman, Dsputy Official Assignee for the Northern district of Auoklmi : He stilted that accused, on his own petition, became barkrupt on February 20;b last. Witness looked into tho bocks, and found they were not kept as they should have been. Tho books were the usual ones kept in such a business, but they had not bson

properly kept. After his committal frem the lower Court witness got other books, and these he produoed. Mr Nolan : Could you, from the books originally put in, make out a statement of his position ?—No, Did they show bis business transactions sufficiently ; the whole of them ?—I do not thmk so.

Could you from them mako out his financial position No. Now, what books wora they that ha gave you '?—Thera was a cash book, ledger, journal, bark pass-book*. His Honor : Had the cash-books been OD^

jotered up regularly ? For soms tima it had been, Same of tha entries had not baan posted in tha ledger. The oash book is not a props* one, and seems to bo a oopy of the bar k pass-book. It was mostly in defendant's writing. Mr Nolan : And assuming it to be a oopy of the pass-book, all the entries are not in the ledger ?—No, I do not call it a proper cash-book. Continuing, witness said the ledger was ] started in July, 3903, and a number of proper entries were made, but it seemed to have been written up at different times. It did not appear to have beon balanced off monthly. The oash account was carried on for some time, but was discontinued apparently. July Ist, 1903, was the first oash entry, and that was carried on to April, 1904, and dropped. It wa3 ruled off on April Ist, 1904, and the balance brought down, which agreed with ib‘' balanoe in the bank. There was nothing io show that acoused had ever struck a balanoe. A balance had not been struck in the ledgar since accused etaitid nearly four years Bgo. The hooks had bean irregularly kept anl Dot balanoed. His Honor : To sum up, the books ought to bo in this position. They sbould be so concentrated as to make clear h a finanoial position. Could you as an accountant say they do so ? —No, Your Honor.

Gin yon mike out his position from tho hoiks?—No, sir. Or fn in ilia entrios io them.? —No, Y-iur Honor, D) tho booki sta-t at the tirno ho s'a tsd ? —Tnerd wove two soti of books. Go when ba uSa' oi, odd about eighteen months nfterwa d-.

Ato the two uiftda to sgcro ?—Tboy ought to, but th,-> bilanca is not properly o‘ir. i d lo ward as is should be.

Passing on, witness p anted out several deficiencies from tin accountant's point of vi-w. which bo eomidered existed. Ili-t Hoeor : How wera contracts

irtatod ?

Witness ; A statement would havo to be made out from tha contract book; to Bad how they lurnod out a hat would have to be made up, so as to know bow they turned out for the year. ByMrNo'ian: Tha books, io witness’ opinion, did not contain a'l tho ontrios. Cross-examiaed by Mr Lusk, witne6S said that the books woro the propor ones in such a busimss, Tho second let of books wore not produced iu tho lower Court. Prior to the lower Court bearing the case ho had made a caroful examination of the books io a general way.j Mr Lusk: You have told us the contract book showed sufficiently the result oi bis contracts ?—Yes, ho could tell tha result of each separate contract. That was his business ? —Yo?. Further questioned, witness said the bill book showed to whom and why tho bills were paid. In some cases the bills wera posted, and some were not. By r eference t) his bank book it could bo e Bon whether or not tho bills woro paid, whether post'd or not. Tho wages bock disclosed tho wagos paid to his men. In i oxaminiDg books ha expected to go and , strike a balanoo straight away. He oould not do so in the present case,

[ On reference to a particular P.N. for TIOO mentioned iu tho bill book it was found that this bad been ontored up, as a'so wero sevoral others mentioned. Mr Lank: And tol Mr Skeot’s trans actions prior to tho bankruptcy aro ontirod in those books, aro they noli’ Witness : I oould not say that they aro uot.

Mr Lurk : And npparontly thoy ore. C. W. Cato, oortifiod accountant of the NZ. Accountant and Auditors’ Association, also gave evidouoo much on tho lines of tho previous witnoss. Mr Stock : His oash boi U takos him over tho whole poriod of bis business ? Y. s.

Do you consider now that with those additional books it would have been poss bio for tho bankrupt to asooitaiu his position ?—I think so. With u litt'o extra labor ? Yis, with a littlo extra labor.

It would have boen po-siblo to obtain a balance from tho books ns they stand now ?—lt would not bo impossible. Mr Nolan : Wbat volurno of business do you make altogether ? Witness ; Tho turnover for tho wbolo business was L 44.000, His Honor : Can you toll wbat has bioome of it from tho books ? Witness : No, I had not time for that. I would have required a much loDgor time.

With a man dealing in that amount ol

money, over Lll.ooo a year, were his hooks at any stsgo of his busiusss in suoh a poriu'ou that ho could himself see from his books what his position was ?

Witness : No, sir, ho could not see it each year, ns ho had no profit or loss account. When I say that I rneau of course that I could uot see it. No ovidonco was called for tbo dofouoo. Mr Lusk nddressod tbo jury at some length, eoutonding that the defendant had kept oil tbo books nquired in his business, and tho ovidenoo of both acoounlants was ODtireLy in his favor. His Honor summed up at some longth, and tho jury, after a fow minutos' deliberation, returned a verdict of not guilty. ALLEGED*F.ALSE BALANCE-SHEET W. 0. Sksot was further oharged with obtaining credit from Fredeiiok Hall by means of a false balance sheet, and by rnsans of a false statement obtaining oredit from the same

Free challenging was indulged in by both sides, and fiunlly tbe following jury was ompanelled : Messrs W. J. Barlow (foreman), J. S. Allan, Thos. Bell, G. Stovenson. T. Ellery, T. Galloway, H. H, Farnm, W. E. Young, H. WarreD, J. T. Winy, H. J, Beadle, H. Yardley. John Loltman, Deputy Official Assignee, and aooountant, stated that bankrupt filod on 20th February las’, and handed witness the bonks. Witness produced a statement of bankrupt’s affairs on 30th Judo, 1905 It showed liabilities to £2877, and a-Bels 263897 3s G I ; the balance of aesits over liabilities £lOlO 8j 6J. The position shown by baik upt at the time of filiog was: Liabilities £3677 13s, and asssts £1252 6', leaving a dtfioieooy of £2425. The bal-ance-sheet oould not have been made up from the bock’. Witness would not think it was a oorreot balanoe-shret of the stato of his affairs on the 30;h Juue, 1905. Mr Stick: Have you endeavored to make out a balance sheet up to 30th June, 1905? Witness : No.

Are you tbon able to say it is Dot a correct statement of affairs on the 30ib J OO6 ?

Witness : I say that his books do not show it.

Arc you preparod to say that it is not correct ? I could not tell from the books.

Mr S oob, repeating the question : Will you say then, Me Coleman, that it is not oorreot ?

Witness : No ; I can ody say that I do net believe that it is correct.

Me Stcck : Will you swear that it is a false balance-sheet ? Witaess : No.

C. W. Cato, accountant stated that the balance sheet produced could not have been taken from the books as witnoss saw them. Takmg tha two bolanoe sheets as correct baokropt most have lost £2425, the deficiency shown in his statement to the Official Assignee, as well as tbe £lOlO, which ho showed as a credit in June last. Mr Lusk: You had the statement of Jane plaoed before you a 3 a false statement. You said you did not tbiok that statement could be made up. Were you referring to tbe borki you had when you made your investigaticn, or to all the books ? Witness: From a’l the books.

When you said you cjuld not make up that statement, did you refer to Skeet also? —I did not say Skeet could not. Are you prepared to say, Mr Cato, that that statement, as at Juue 30th, 1905, was incorrect or false ?—I could not say that. F. T. Morgan, bank manager, stated that accused had a banking acocunt at his bank guaranteed by Mr F. Had to the extent of £SOO. Io September last defen-

dant come to him and applied for an increase of £2OO, stating that Mr Hall was willing to become responsible. Witness agreed to extend the amount on that condition, and that he furnished a statement of his position. Witness advanced the re-

quired amount prior lo receiving the statement in October, He told defendant that he required more deta'l in the statement. He did nut advance any further money after receiving the statement. The money advanced nad been repaid by Mr Hall.

By Mr Lusk : It was not on the strength of any balance sheet that the £2OO was advanoed.

Mr Lusk : As a matter of fact do you not remember that it was Mr Skeet himself who paid tha £2OO back to the bank ? No, I do notWhen you asked for a statement, what was it you really asked for ? Wa3 it not for a copy of bis last balanoe sheet ? Witness: Yes.

Mr Lusk : Tho copy of his la-t balancesheet would contain more detail than that ? Witness : Yes. That statement was of no value to you ? Witness : No. You got that statement for Mr Hall’s bent fit as much as for the bank’s ?

Wiiness : 1 got it for the bank. It is usual for people getting accommodation from the baok to submit thoir last balance sheet..

Did you show that statement to Mr Hall ? Yes

Is Mr Hall a customer of your bank ? He keeps some cf bis aocounts with us. Then you told Mr Hall that the statement received from Skeet did Dot disolose sufficient information ? Yes, I told him that. F. Had, painter, seated lhat be guar-

anteed accused’s overdraft for £SOO. The balance-sheet produced was shown to witnesss by tho manoger of the bank in October last, and in consequence of that witness gave defendant credit. Witness continued to supply him wilh goods up to thi 19th December, and gave bim other money. Ho gave him a cheque for £l5O, which bad not been repaid. Mr Lusk : Now, this is not an isolatod transaction between yourself and Mr Skset, Mr Hall ? Witness : I have bad q good maDy transactions with Mr Skeet. Since he has been oarrying on during tho past four yoars have you had constant transactions with him ?—Yes.

You supplied him with a large amount of goods, materials supplied for eeveral sub contracts ?—Yes.

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