RESIDENT MAGISTRATE'S COURT, WELLINGTON.

Hawke's Bay Herald, Volume XX, Issue 3903, 20 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT, WELLINGTON.

Monday, Aiuul 10. (From the "Kicnin^ Post.") .EMBEZZLEMENT. Frank Biioucjuton was charged with embezzling curtain sums of money amounting together to £42 from his late employers, Messrs Donald and Pascoe. Mr Barton prosecuted, and Mr 11. H. Travel's defended. Henry George Nicholls, a publican, stated that in January, 1576, lie was a customer of Messrs Donald and Pascoe, for whom defendant travelled ; he paid defendant £73 7s lOd on January 10, 1876, and got the receipt produced, signed by defendant on behalf of Messrs Donald and Pascoe ; he paid defendant £84 4s 8d on May 10 ; on June 9 lie paid defendant £81 6s lid ; for all these amounts he got

handed it over to Messrs Donald and Pascoe. W. H. Pascoe stated that ho was a partner in the firm of Donald and Pascoe, brewers. Defendant -was employed in the firm in January, 1876, as bookkeeper, traveller, and collector. It was defendant's dxxty to enter in a book every amount he received, and witness always initialled the entries when he received the money. On the 18th January defendant made an entry in the book ' which was to the effect that he had received £45 10s from Mr Nicholls. Nicholls was not credited with any further payments for goods in that month, but there were several entries showiiig that defendant had received money from Nicholls for rent for which he had accounted satisfactorily ; on the 10th May there was an entry showing that defennant had received £72 1355 Gd from Nicholls ; there was no entry to show that defendant had received £81 6s lid from Nicholls in June, but there was an entiy crediting Nicholls with £60 2s 6d on 9th June ; those were the only amounts defendant had accounted for, as far as Nicholls was concerned; between January and June ; witness did not believe that his partner Donald had ever received any money on behalf of the firm ; the receipts given to Mr Nicholls were in defendant's handwriting ; defendant was paid a regular salary, and did not get any commission, but he was allowed travelling expenses ; there had never been any statement of accounts between defendant and the firm ; they had put defendant into the Albion Hotel, but when they did so they did not know that there were any defalcations in his accounts ; defendant Was the only person in the establishment who knew exactly how much each debtor of the firm owed to the firm ; their present clerk, Mr Overtoil, had discovered the defalcations ; defendant received no salary from the firm while he was in the Albion Hotel ; defendant was put out of the hotel because witness could not trust him, and lie was forgiven certain defalcations which had been discovered at that time ; while defendant was in the hotel he told witness that his accounts were not correct ; he was to receive £4 per week while he remained in the hotel ; defendant was in charge of the hotel for fourteen weeks, but never received the £4 per week ; when witness found that defendant had not accounted for £55 which he had received from Mr Quinn, he asked him to say whether or not there were any other defalcations, and defendant said "no;" soon afterwards he discovered that there were other discrepancies in defendant's accounts, and then he was told to leave the hotel ; witness had not promised to take no action against defendant ; defendant had falsified the accounts in more than one instance. Messrs Overton and Donald gave evidence to the effect that defendant had made false entries in his books. Defendant was committed to take his trial at the next criminal sittings of the Supreme Court, bail being allowed in two sureties of £100 each, and his own recognizance of £100.