THEFT CHARGES.

Manawatu Standard, Volume LX, Issue 280, 25 October 1940, Page 2

THEFT CHARGES.

HEARING RESUMED. DEFENCE ALLEGATIONS. Per Press Association. AUCKLAND, Oct. 24. Tire hearing of theft charges against a law clerk, Phyllis Olive Barnett, aged 31, who is represented by Messrs Beckerleg and Aekins, was continued before Mr Justice Fair in the’Supreme Court. The charges are that on April 26 she stole £1)96 from her employer, Pobert Urquhart; that she stole a cheque for that amount or that she fraudulently omitted to account , for that amount; and there are three similar charges relating to a cheque for £220 11s 3d on June 28. The Crown Prosecutor (Mr V. 11. Meredith) conducted tlie prosecution Further evidence relating to entries in his books w\ given by Robert Urquhart when Mr Beckerleg continued his cross-examination. Witness said it was not until July that he was aware that the cheque for £996 had not been lodged in his trust account on April 26. A certified bank slip on April 26 showing that £54 had been paid in had not' attracted his attention, nor had his suspicions been aroused by the monthly bank statements for April and May. Re-examined by Mr Meredith, witness said accused had paid £l5O into his trust account from her owrf account. Being aware that there was a payment of £4OO to be made and that the dishonouring of a cheque for that sum would draw attention to the shortage in the account, his books had been examined by the Law Society, which had refunded the amounts involved front its fidelity account and had exempted witness from liability, and his clients had been reimbursed.

Witness admitted going to the races occasionally. He knew accused was betting and at odd times ho had bet on her information, which was good. At one stage he had asked her to stop betting and thought she had complied, but he found out later she had not. To His Honour, witness denied that he had agreed to use the siitn of £996 for heavy betting. No suggestion of such a proposal was made by either witness or accused. ALLEGED STATEMENT. Detective Slater read a statement made in Mr .Beckerleg’s presence in which accused admitted receiving cheques for banking in TJrquliart’s trust account, but said she placed them in her own account. She added that she liad no authority to use the cheques and was exceedingly sorry for what she had done. She intended to plead guilty. In opening ,his address, Mr Beckerldg said accused would say she was never financially embarrassed while in Urquhart’s employ. She would say that Urquhart was financially embarrassed and was making improper transfers in his books, and lie had suggested to her that the sums involved should be used on good racing information she bad, so that the. shortages could be made up. Accused would also say that it was at Urquhart’s suggestion that the cheques were placed to her account so that no trust record account need appear. She had protested against this and had proposed on, several occasions that lie should get Ills wife to raise a mortgage on her properties and thus right his difficulties. Counsel said accused’s confession had been made under instrucioiis and that fuller consideration and persuasion of her friends had caused her to change her plea to one of not guilty. Harry Keeling, an unemployed man, said he had occasionally done messages from Urquhart’s office, and had on two or three occasions banked money. He recalled going to the Bank of New Zealand and the National Bank last April, Urquhart having given him the necessary bank books. Accused was there while Urquhart stood nearby. "When he handed mo> Miss Barnett’s book, Urquhart said. "‘Look after this. There’s a hie cheque in it.’ ” Witness added that, after paying the money in, he noticed that the amount entered in the book was over £9OO. Ho later paid in some notes to Urquhart’s account at the Bank of New Zealand. The hearing was adjourned.