FORGED RECEIPT

Gisborne Times, Volume LXXIII, Issue 12090, 1 November 1933, Page 4

FORGED RECEIPT

BOROUGH • COUNCILLOR, FIN El? £4O CHIEF JUSTICE STATES TRIAL WILL DO GOOD ATTENTION DRAWN TO LOCAL GOYERN INTENT PROVISIONS i Press Association) WELLINGTON > Oct. 31. Amos Howell, a member of the Upper Hutt Borough Council, charged with the forgery of a receipt for work done for the council in-'the name of his employers, was found guilty by a jury .with a strong recommendation to clemency The defence was that the document was only a copy; of the origin, al, signed by Thomas Harold Johnson, in whose name the work was done, the copy being required for audit purposes. Howell had arranged with Johnson to quote for the work in order to overcome the restrictions imposed by the Municipal Corporations Act. Accused’s son was charged with a similar offence, on three counts. A fine of £4O. in default three months’ imprisonment, was imposed by the Chief Justice in the Supreme Court to-day on Amos Hc,well. Accused was allowed fourteen days in which to make the payment “I feel it difficult to think that these things could have gone on without some person having knowledge of what was happening - ’, said His Honor. “It certainly needs further investigation. I realise that as far as you personally are concerned, you have already been punished for the offence you have committed.” It would mean that Howell would lose Ids position as a councillor, and His Honor assumed that he would also be removed from the list of 'Justices of the Peace. In addition, Howell would no doubt also have to face the possibilities of penalties in another court for any offences he might have committed against the Municipal Corporations Act.

<! I have no doubt that this prosecution will have done a considerable amount- of good throughout the country,"’ said His Honor. “It will have the effect of focussing attention on the provisions affecting local government. I do not- think it necessary to impose more than a -fine to cover the expense to the State of the trial of both yourself and your son.”

Acting in accordance with the provisions of section 37 of the Crimes Act, the Chief Justice discharged Amos - Rae Howell, garage assistant, Upper Hutt, who was .faced with three charges of forging receipts to the Upper Hutt Borough Council purporting to be signed by others.

The case followed along the lines of t'ho previous case against Amos Howell, father of the accused, although the two were tried separately.

His Honor said that when the first two offences had been committed Howell had been only 20 years of age. It was quite plain that the youth had been working for his father. and in -all that he had done with the vouchers he had acted on his father’s instructions. If he was convicted, he would not have imposed more than nominal punishment if any punishment at all. He did not wish to ask the jury for a verdict which would mean a black mark against the accused for life. His Honor said he knew the jury would accordingly agree with him in making an order for the discharge of the accused without asking members of the jury for a verdict. ,- Tt would have the effect of an acquittal. although it is not actually an acquittal”, said Sir M. Myers-