MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume LXII, Issue LXII, 21 November 1911, Page 5

MAGISTRATE'S COURT.

MONDAY, NOVEMBER 20.

ALLEGED FRAUDULENT CONVERSION.

. At the Magistrate's Court this morning, before Mr W. G. K. Kenrick, S.M. Waitai Henare, of Fraser road, was charged with having fraudulently, converted to his own use £13 out of £15 received by him from Kaa. (or Pito) Tahua on terms requiring him to pay the same to Mr R. G. Sellar, solicitor, Hawera. Accused who was represented by Mr Ryan, pleaded not guilty. ■Sergeant Griffith, in outlining the case stated that accused had obtained £lo from Kaa Tahua to give to Mr Sellar m order to go on- with certain legal proceedings, but had only handed £2 to Mr Sellar, and had retained £13 himself.

The plaintiff in the box stated that in August last she intended bringing a civil action against one Wiki Tahua, and accused had told her that Mr Sellar would put the case through for £15. In October she had given accused two £10 notes to get changed, "and he had returned her £5. Witness had then told Waitai to go at once and pay the money to Mr bellar to hasten on the case. Witness had offered to accompany Waitai to .-he lawyer-s, but he had told her to stay with the ehiid, and he and Te Whetu would go. Accused returned afterwards and said that the lawyer was paid. Her case was not proceeded with, and after waiting two months witness suggested to Waitai that the case be withdrawn. Witness and Mr Adams (native interpreter) went to Mr Sellar's office to withdraw the case, and was there informed that the only money received by Mr Sellar from Waitai was £2. Witness then informed the police the same day. Ihe witness was cross-examined by Mr Rvan.

Robert Gardener Sellar, solicitor, deposed that on October 6 "Waitai gave him details of a case on account of Pito J^ahua to look into, and handed witness --^2 on accounts of costs, for which witness gave a receipt. Accused- and Pito rahua held other interviews, and witness and Waitai also interviewed Mr Barton together. Waitai had subsequently instructed witness not to go on with the case without seeing him. On Wednesday last Pito and Mr Adams requested witness to withdraw the case, and to a refund of costs, to which witness replied that he had only received £2 and that his costs would be £1 Is more than that. No arrangement Had been mads that witness was to receive £15 for putting the case through, nor was witness aware that any of the witnesses were to be paid. To Mr Ryan: Had charged the costs to U aitai, whom he looked on as acting for Pito Tahua.

Te Whetu Mawae and Constable Mannagan also gave evidence. For the defence, Mr Ryan put the accused, Henare Waitai, in the witnesscox. Giving evidence on his own behalf, accused, referring to the occasion 011 which he changed two £10 notes for Kaa, said she retained £5 of the £20 and witness told her he required some for his own use. Witness paid Whetu £1, and told him that Kau had agreed to pay him (Whetu) £10. Gave the lawyer £2, and when witness came back from the lawyer's Kaa had gone home wit}) Whetu. Kaa came to see witness next day, and witness told her he had given the lawyer £2. Had talked over the matter several times after with Kaa, but she had never demanded repayment of any of the £15. To His Worship: When witness told Kaa he wanted some money for his own use, she sadd it would be all right Witness claimed the £12 balance remaining from the £15 as payment for his services. Had not sent plaintiff a bill showing how the £12 had been made up, but had previously told her that he must have £20 before he would take the case up. Would be prepared to refund her the money and send her in a bill. A-t- this stage his Worship intimated that he would stop the case. The plaintiff had not given accused an opportunity to refund the money, but had gone straight to the police. The money had come lawfully into accused's possession and before intention to convert could be proved an opportunity to have returned i it should have been given him. The nlaintiff had killed the whole case by her hastiness. His Worship dismissed the case, but advised Waitai to return the money to plaintiff, and send her in an account for his charges.