RETURNED SOLDIER'S LAPSE.

Manawatu Times, Volume XLVII, Issue 2778, 20 October 1923, Page 5

RETURNED SOLDIER'S LAPSE.

BUYS STOCK WITH GOVERN-

MENT MONEY.

AND SELLS WITHOUT

PERMISSION.

PLEADS GUn/TY AT LEVIN.

(Special to "Times."),

LEVIN. October 19

At Levin this morhing before Messrs Inder and Matheson, J.'sP., Robert

Alexander Sloane was charged that on May 21, 1921, at Manakau and divers other days at Manakau 'between May

1, 1912, and September 30, 1921, at Manakau, being' the grantor of an instrument by way of security,-to wit a bill of sale registered on the 21st day of March, 1921, over 21 head of cattle, His Majesty the King being grantee he did sell 16 head of. cattle comprised in the instrument for £169 without the consent Of the grantee, did defraud the grantee of same and did thus impair the grantee's security over said cattle. Detective Quirkc prosecuted for the Crown and Mr Grant appeared for the accused.

Detective Quirke outlined the case for the prosecution.

Leonard James Barton Grant, Government Supervisor of the Soldiers* Settlement branch of the Land and Survey Lbpartmcnt, Palmerston North, said that on January 9, 1921, he inspects 1 the stock at Ohau, acting under instructions from the Commissioner of Crown Lands, there were 20 Cows and one bull. He gave no authority to accused to dispose of stock. About August 7 of this year he met « ceased at Otaki and asked htm what he had been doing. He replied-. "I have made a. mess of It," and asked what he could do to remedy the matter. Witness advised him to go to Wellington. The conversation he had with accused was in respect to the disposal of the stock and security to the Crown. In answer to Mr Grant as to whether he had inspected the stock, witness replied in the affirmative on one occasion, but the accused was not present. He had interviewed him on the road as to how he was getting on and'he replied: "Splendidly." The property was inspected annually by the Crown Lands ranger.

Harold Cliv'e Hallam, clerk of the Discharged Soldiers Branch of the Land and Survey Department, Wellington, said that about December 10> 1920, an application was received for a loan under the Discharged Soldiers' Loan Act, 1915. from Robert Alexander Sloane> The loan was granted and £'2o6 15/ was advanced to accused at Levin on April 14, 1921, to purchase certain stock to that value. Sloane had a lease over 39 acres of native land at Muhunoa West, The advance to accused was by bill of sale which provided that the proceeds of sale of all stock and natural increase should be paid to His Majesty the King at the office of the Receiver of Land Revenue, Wellington. A further condition was that stock could not bo sold without authority, in writing, from the grantee. Sloane had no authority to sell cattle to Gibbons, and had not notified the Department he had done so. The conditions were clearly set out in Ihe bill of sale and was understood, nnd signed by accused. On September 30, he owed the Department £206 15/- principal and £22 17/6 interest. No proceeds of sale had ever been received from Sloane since thef advanco was made. The file records indicated he was getting on splendidly. Witness, in reply to Mr Grant, said the records of stock reported to him by the Crown Lands Ranger and the Supervisor, £3OO was the amount originally applied for and it was the intention of the Department to ' advance more If required.

Mr L. Grant, recalled, stated that when he inspected the property in January, 1921, he informed Sloane of the conditions of tne bill of sale told him stock must not be sold without permission, to which he replied he knew. Accused was an ex-officer, of the Army and with more intelligence than the average. There were no buildings on the section when he inspected but accused told him he was building a shed. The advance was for dairy stock and he presumed accused intended milking. Charles Mason, Clerk in the Supreme Court Office, Wellington, testified as to the registration and execution of the bill of sale which was still undischarged. ,

Clarence Henry Would, settler, Levin, said that about 1921 accused took over from him the leaso of about 89 acres at MrVunoa West which was owned by natives and controlled by the Public Trust Office, Wellington. Owing to accused failing- to pay the rent the land reverted back to him in 1922. When he took over the place, the only stock on it was a bull and a hc-ifer, and the fences were in a bad siate of repair. Accused said there was stock on the place which witness could have in lieu ot unpaid rent and gave witness a note to that effect (produced). Accused made no reference to stock being under bill of sale. Witness knew that he had had a loan but understood he was paying off the loan as he sold the stock. Witness sold the bull and heifer along with other •stock in the saleyards. He took the property back about August 5, 1922.

Gerald Robert Gibbons, settler* at Ohau, said he knew accused. In May, 1921; he purchased from accused five oelfers at £lfc each; Aiigilsi, lJ2'i, 8 heifers at fli each; September, 1921, 3 heifers at £7 each, making a total of £169. He made payments of £5 monthly Until £SO was palfl oft In September, 1922, he asked accused *iow much he stfl.l owed him and it

was agreed about £ll9. When ha purchased the stock he was not aware they were under bill of sale to the Government. It was arranged between witness and accused that cheque' for the balance of £ll9 Should be made out to Mr H. Cole, LevlU, He understood that if the cheque was made out to accused it wbuld not be paid over. The cheque was a Government one and was pasped by the Department to him as an advance. He had had a loan for land, but not for stock. At the time of the purchase he had no knowledge of a Government bill of sale being on the Stock he had purchased front accused. Later he wag informed by the Crown Ranger that Sloane had received a loan.

In answer to a question by Mr Grant witness said -ha told the ranger he had bought the stock from Sloane. duly one cow was branded and he did not notice any earmarks. " Henry Cole, settler, Levin, said he knew accused who about a year ago informed him that he would get a letter addressed to him (witness) .with a c.hcqu" in it. Witness asked him why it was being sent to him, and why he did not have it addressed to where ho was living. Accused replied: "It might go astray and it would be .safe enough with you." The letter containing the cheque arrived at his house and was opened by his wife. He saw the cheque, which he identified in Court as being the same. When he received the cheque he not understand it, and he took it to Constable Bugrie, and as a result a message was sc'nt co Sloane td come and get it, which he did. ♦ .

Alexander Mosley, district manager of the Public Trust • Office. Levin, slated Clarence Henry Bould was the registered lessee of the native section at Muhunoa West from whom he was authorised by the native to collect the rent. He knew Sloane, who for a time occupied the section. Since September 30, 1922, no money had been paid into his Department by accused. Bould had been paying the rent since August 1, 1922. Detective HdlmeS Said that Oh August 2 he interviewed accused in Levin and told him he was making ertc/jiriea' regarding stock held under bill Of sale by His Majefsty the King and explained that it was alleged the stock had been sold to a Mr Gibbons, of Manakau, without the consent of the Department. Accused made a voluntary statement which was taken down and read over by him and sighed. Witness made enquiries as to a portion of the statement dealing with the expenditure of the cheque of £ll9 and found it was not borne out by facts.

Accused then pleaded guilty and was committed to the Supreme Court at Palmerston North, on November 6 for sentence.

Mr Grant applied for bail, and the police having no objection bail was granted in one surety of £SO and in his own recognisance of £SO.