TWO YEARS’ HARD

Hawke's Bay Tribune, Volume XVII, Issue 215, 25 August 1927, Page 5

TWO YEARS’ HARD

SOLICITOR SENTENCED A DEFAULTING PARTNER THE PAINFUL CONBEQENCE3. Gisborne. Aug. 25. Sentence was passed by Mr Justice Ostler at the Supreme Court this morning on John Noden Bullard, formerly of Gisborne, a solicitor, who pleaded guilty to twelve charges of theft by misappropriation, the total defalcations amounting to 42488. Mr Myers, K.C., appeared for the prisoner and stated that accused, on his return from the war. came to Gisborne as a managing clerk, and when he had passed his examinations joined partnership with Mann, solicitor, which partnership continued to latter’s death. No one liked to besmirch the character of one not here to defend himself, but in this case it was unavoidable and should be done. Shortly after the death of Mr Mann, accused found that the business was wrong, and that Mann had misappropriated the funds of the firm. His Honour would see from the cheques put in that Mann had been drawing substantially on the trust funds. Accused thought that the amount for which he was civilly liable was £2OOO. and to meet that he adopted a course which was not right. Hoping to meet these claims he drew cheques on the trust account to meet those claims which Continued to be pressed on him, and he obtained assistance from relatives to the extent of £6500. He had paid £B5OO. but even that did not satisfy the aggregate of the amounts, for some of which accused was not himself liable. Having paid £B5OO he found there was still a substantial sum of about £15.000 owing, so having no further hope of putting things right, he went himself to the police. The accused would not Save started on tils course, but for his reasonable hope that he would be able to pay o: defalcatious of his late partner. Mr Nolan, Crown Prosecutor, said it was clear beyond doubt that large sums of money had been taken by accused's late partner, but there were, In addition, larg sums received by Dullard. which were accounted for. He had a statementshowing deficiency £18,500, but this was not complete. As the auditor had been unable to secure certain documents, the actual shortage in the trust funds could not be ascertained. The case was the most painful one no had had to deal with since he had been on the Bene said His Honour. It ad been put to the Court of Appeal, W'llt, apart from the defalcations of prisoner's late partner, no moneys had been misappropriated, but the policereport and Mr Nolan’s statement threw a new light on the matter, and he did not think the Court of Appeal had been fully acquainted vrtth the facts of the case, nor did it know of prisoner’s gambling enterprises. In view of the fact tha. prisoner admittedly gambled whi he knew of fhe position he was i ud that he continued stealing mo: obation was out of the quest! id the sentence was imprison’” h hard labour for two years.