ALLEGED EMBEZZLEMENT.

Hawera & Normanby Star, Volume I, Issue 93, 5 March 1881, Page 4

ALLEGED EMBEZZLEMENT.

The case of E. C. Wilkinson was resumed on Wednesday at 11 a.m., before Capt, Wilson and F. McGuire, Esq., J.P.'s.

W. GK Holdsworth recalled, deposed — I have compared exhibit marked A 6 with Lands Auction Sale Book, arid find that the entries generally Correspond. With reference to the «urn of £26,712 11s lOd, the entries of cash received correspond, and the persons whoso names apppar in the exhibit appear to have been the actual purchasers of the laud referred to.

By Mr. Ward — Accused received a large amount of money as deposits, which may or may not be part of the ♦£26,712 11s lOd. The deposits were sent to Carlyle.

By Mr. Barleyman — Any money forwarded to Carlyle would pass into deposit account, and could not be returned to Hawera except by cheque signed by Eeceiver at Carlyle.

C. A. Wray, Commissioner of Crown Lands for the West Coast District, sworn, was requested to make a statement, and said— On the 14th February last, I had occasion to come to Hawera to receive any applications which might be made for sections in the Warea Village Settlement, Mr. Wilkinson being absent on leave at Wanganui. I visited both this office and the one adjoining the Town Hall. I was much struck by the disorderly state in which I found papers in both offices of the accused. I saw the receipt book for cash sales on one of the tables, and knowing that stfme persons had failed to complete the purchase of land bought by them at the previous sale in December, I examiued the book to see whether any additional amounts had been received. I observed that a man named Henderson bad paid £7 ss, and Tingey «£l2 ss ; receipts had been given for those amounts. On my return to Patea next day, I inquired whether those payments had been accounted for to the Eeceiver at Catlyle, and found that they had not. This raised my suspicions, and i thought that possibly some of the deferred payment instalments might have been paid at Hawera, and not accounted for to the Receiver at Carlyle. A man named Stuart, residing at Normanby, had some time previously written to Carlyle, to inquire where he could pay his instalment for January, which he held, and had been told that he could pay either at Hawera or Carlyle. I telegraphed to Mr. Stuart on the 16th February, and inquired why he had not made has January payment. He replied by telegram [presented] the same day, stating he had paid .£4B 19s Id on the 17th January. The following day (17th February) I came to Hawera and saw Mr. Wilkinson. 1 asked him to show me his deferred payment receipt book. He produced his cash sales receipt book (A 7), which was the same book as I had seen on the 14th. I again asked for the deferred payment receipt book. He said he had no other book, but all the receipts he had given for money were taken from the book presented. I then asked for the bank pass book (A 8), and he produced it, but it was not posted to date. I roq vested him to have it entered up to date. He returned, stating that it would be done in the afternoon. I then examined it as it was, and compared a number of the entries in the cash receipt book, with a sum of about .£12,000 entered in the pass book ; the result showing that no deferred payment instalments were included in the items examined. After the conclusion of the court business, I again asked about the deferred payment receipt book ; he said he could not remember ever having had one, but he had supplied Major Baddeley at Carlyle with some books, amongst which there might be some such deferred payment receipt book. I then asked him if he remembered having received any money from W. Stuart. He said no; but if he had received any money, it would have been paid into the bank and accounted for. I tried havd to obtain an explanation from Mr. Wilkinson about Stuart, but could elicit nothing satisfactory, and I told him that I could place but one construction on the matter- I asked him about Henderson's and Tingey's money, and also about a sum of .£l9 15s, which he had received from Mr. Espagne. He said he had paid <£39 5s on these items into the public account, Hawera, and that he had on the previous evening posted to the Eeceiver at Carlyle the bank receipt. On that day I communicated to Mr. Bullen what I had discovered, and with him proceeded to see Mr. McCutchan, a deferred payment selector, to ascertain whether he had made any payments at Hawera. The latter produced receipts given to

dibUlL-o .lliu L- O. i... -dl.l-<_ UlCUclll, iii' • ithvrs, fur pr-'gress jriymcnt:- mad >. I also saw other receipts for s>uch payments given by Mr. Wilkinson. I ttu>n thought it necessary to communicate with the Audi fur-General. On receiving the reply from the Auditor-General, I informed Mr. Bullen that I saw no alternative but to arrest Mr. Wilkinson.

By Mr. Ward — I do not rememlier asking Mr. "Wilkinson if be would accept the duties of Land Officer. The duties are so simple that I did ih>i enquire as to his capabilities. I knew that he had been in the Treasury. I do not know whether a larger amount than the .£26,712 had passed through his hands or not. I asked the prisoner about his monies, and he said that he had brought .£7OO from Wellington, which he had placed in the cash-box then on the table, thereby mixing his monies with the Government money j he had never kept any private bank account.

W. G. White, manager Bank of New Zealand, Hawera, sworn — I recognise the pass-book (A. No. 8) produced, as the one used by Mr. Wilkinson, as Receiver of Land Revenue, in paying monies to the Public Account. It shows all the monies paid in by him in that capacity to the Public Account. The accused kept no deposit account in his own name in the bank at Hawera.

By Mr. Ward — The prisoner has paid in monies as Clerk of the Court, as well as Receiver of Land Revenue. More monies have been passed through the bank by the accused than appear in the pass-book. They were paid to the deposit account of the Receiver of Land Revenue at Carlyle. The total amount forwarded through the Hawera Branch was .£11,382 4s. lid. I cannot state what proportion of it passed through accused's hands, without reference to the Carlyie office. On 31st January I paid to accused the sum of .£24 9s. lid. for Mr.Horneman. The receipt produced is the one I received ; it is dated 24th January, but the discrepancy was pointed out to me at the time I paid the money, and was explained to me by the fact that the money was tendered, but the payment was not completed on that date.

F. 0. Boddeley, Clerk of the R. M. Court, New Plymouth, sworn, deposed — I was appointed Receiver of Land Revenue at Carlyle for the West Coast District, on 19th October, 18S0. (Appointment produced, also instructions forwarded by the Treasury to the Receiver.l

Mr. Ward objected to the instructions being lodged as evidence.

The instructions were then read, but withdrawn by consent.

Mr. Baddeley — All accounts of monies received by Mr. Wilkinson were to be sent to me weekly, according to the instructions issued to him. Mr. Wilkinson has not sent any weekly copies of cash book, either for ordinary or deferred payments. He sent bank receipts and statements of monies received, such as those produced. Prisoner never sent me any account of money received as instalments on deferred payment, nor any money so received. He never accounted to me for money paid by J. Henderson, on February 4. I received no other instructions.

By Mr. Ward — How was it that a full weekly statement, such as that required by the instructions, was not made ?

Witness — It ought to have been, but it was not made. I received bank receipts, but no bank drafts from Mr. Wilkinson.

Sergeant Cahill, sworn, deposed — lam stationed at Hawera. On February 18th I received a warrant to apprehend the prisoner. In company with Constable Crozier I arrested the prisoner. Prisoner said nothing. I asked him if he had any monoy, books, or papers, in connection with his office as Receiver of Land Revenue. He produced the deferred payment book, and said he only found it the previous evening. He said he had no money. I told him I would have to search him and the place. He took from his pocket the cheque and hank receipt form (produced), and told me he had taken it to the bank, but payment was refused, as it was too late. I then asked if he or his wife had any nionev. He said his wife had money, but it was her own. Mrs. Wilkinson said the monoy was her own, but asked if she should give it up. I explained the charge to Mrs. Wilkinson, who then, at the instance of the prisoner, gave me .£3B. The list in pencil was in the book. On the 21st February I told the accused that 1 saw, in his handwriting, a receipt to Mr. Stuart, of Normanby. [Mr. Ward objected to evidence taken while the accused was in custody. Sergeant Cahill explained that the prisoner was cau>

tioiu-d when taken into custody.] 1 told him there was no corresponding block in the book I found, and asked where the block was. He said he did not know ; and he did not know that he had the other book until he found it the night previous to his arrest. He said the money paid by Stuart had got mixed up with his own money.

By Mr. Ward — I apprehended the prisoner ; I searched for tbe money.

Mr. Ward — What right had you to search ?

Sergeant Cahill — I searched after I had apprehended the accused. The warrant authorised me to apprehend. I had no search warrant.

By Mr. Barleyman — I did not search as I should have done with a search warrant.

Mr. Barleyman— That is the evidence for the prosecution. It seems to me so clear that there is no occasion for me to say anything.

Mr. Ward — Of course, your Worships, I should advise my client to reserve his defence.

After being cautioned by the Bench, the prisoner stated that he would reserve his defence.

He was then duly committed for the next sittings of the Supreme Court, at New Plymouth, in May ; the evidence being deemed sufficient to commit on the first, second, third, fourth, and fifth charges.

On bail being asked for by prisoner's counsel, tbe time till next sittings being so long, the Bench expressed itself prepared to lower the bail to two sureties in .£400 ; but the sureties must be substantial. The Court adjourned at 3.80 p.m.