FAILED TO APPEAR.

Manawatu Standard, Volume XLI, Issue 9197, 23 April 1910, Page 2

FAILED TO APPEAR.

THE QUESTION OF BAIL

" APPARENTLY THE BIRD HAS

FLOWN."

CHRISTCHURCH, April 21

Ernest Phillip Berlyn, who was committed for trial on a charge of having fraudulently failed to account for £57 17s to F. H. Labatt, the property of shearers at W. H. Acton Adams's Molesworth Station, and who was remanded to appear at the Magistrate's Court to-day on a charge" of stealing £23 Bs Id, the property of W. H. Acton Adams, failed to appear.

Accused had been bookkeeper a Molesworth Station, and the evidei*-

given in support of the charge on which he was committed for trial was to the effect that he had been paid certain moneys by shearers on the

estate, and this should have been for

Avarded to F. H. Labatt, to be placed to the shearers' 'credit. Mr Labatt stated that he had never received the money. The manager of the estate, who had been anxious respecting the money, asked accused to wire to Labatt about the matter. Later acwho had had charge of the telegraphic communications, showed the manager a telegram which purported to be from Mr Labatt, at Christchurch, stating that an acknowledgment of the money had been posted. The Christchurch telegraph office could not find any trace of the telegram being sent from Christchurch. Mr Labatt stated that he did not send it. Bail allowed in this case was £100, which accused's brother paid in cash. Last Wednesday he appeared at court on the second chargej and as the police were not in a position to go on with the charge, a remand till to-day was asked for, and granted by Mr T. A. Bailey, S.M., accused being allowed bail on his own recognisance. This morning counsel explained that I on Saturday he received a telegram that accused had gone to Blenheim, in order to make inquiries at Molesworth Station relative to the charges. He instructed accused to report himself to the Wellington police, and a telegram should be received at 10.30 this morning if he had done so. He suggested that the case should be al- / lowed to stand down till inquiries were made. "Apparently," he added, "the bird has flown."

The case was brought before Mr H. W. Bishop, S.M., this afternoon. Chief Detective Bishop said that accused was remanded to appear at court that morning, but he had failed to do so. On Wednesday last he (the chief detective) explained the facts to Mr T. A. Bailey, S.M.. and said he had ascertained that the deficiency would be about £200, and that substantial surety should be granted. He told the magistrate at that time that he would be held responsible if 'accused failed to appear, but the magistrate, after hearing counsel, granted bail on accused's own surety. There was one surety of £100 in the case on which he was committed for trial, but no surety in this case. The Magistrate: Accused's surety is worthless. The Chief Detective said accused had been seen in the North Island, i

He suggested that the magistrate should issue a warrant for his arrest. The Magistrate ordered the warrant to be issued, and said that hi these cases the magistrate exervised his own discretion as to bail, and it was not subject for remark by anybody.