THE RAWLINGS CHARGES.

New Zealand Herald, Volume XXVIII, Issue 8472, 24 January 1891, Page 3

THE RAWLINGS CHARGES.

At the Police Court yesterday before Messrs. H. M. Jervia and J, Gordon, J.P.'s, Mark Rawlings was charged with stealing the sum of £52 10a on December 12, 1886, in which he held a beneficiary ownership in conjunction with George Patrick Pierce and Robert Walker. Accused was also charged with stealing the sum of £113 15s on March 14, 1887, and £22 15s on May 2, 1887. Mr. H. Williamson appeared for the prosecution, and >lr. E. Mahony for the defence. Gerald t/Halloran, agent, deposed that he had been managing the accounts of Mr. J. Dilworth. Witness had paid the sum of £52 "10s on Deeember 13, for interest on mortgage, and had received the receipt produced. Charles F. Buddie, solicitor, deposed that on May 2, he paid the sum of £22 15s to Mr. Rawlings for interest on mortgage. Witness paid the amount on mortgage. The cheque was cashed. Robert S. Allen, managing cashier for T. and S. Morrin and Co., deposed that there was a mortgage existing on March 14, 1887, between M. Rawlings, G. P. Pierce, and Robert Walker, and T. and S. Morrin. On that day witness paid the accused the quarter's interest, amounting to £113 15s.- The amount was paid by a cheque, numbered 9110. He received a receipt for the payment of the interest. William Charles Woodhouse, ledger-keeper in the Bank of New Zealand, deposed that the cheque produced was paid by twelve £5notes and fifty £l-notes, and 15s. The cheque was cashed on the 15th March, 1887. William G. Churchward, ledger-keeper at the Colonial Bank, deposed that accused paid into his account the sum of £60 on December 14, 1886, a portion of which was a cheque for £52 10s, signed J. Dilworth. On May 4, 1887, accused paid £32 into the bank, a portion of which was a cheque for £22 15s, signed by Mr. O. F. Buddie. William Henry Churton, accountant, deposed that on examining the accounts of the treasurer of the Auckland Orphan Home that neither of the three sums mentioned in the charge were entered in the accounts of the Home as having been received. This closed the evidence for the prosecution, and the defendant reserved his defence. Accused was committed to take his trial at the next sessions of the Supreme Court.

Accused was next charged with embezzling the sum of £15 on February 17, 1890, the sum of £15 on March 13, 1890, and the sum of £20 on February 12, 1890. H. N. Garland, secretary of the Charitable Aid Board, deposed that he paid the sum of £15 to the accused for the maintenance of children, on February 17. Account produced was rendered to tho Charitable Aid Board by tho accused. Accused also received an account, on March 3, for the maintenance of the same number of children. This account for £15 was paid on March 13 to the accused. W. G. Churchward deposed that the sum of £15 was paid into the Colonial Bank on February 21, 1890, to the credit of Mr. Rawlings. The payment was made by a Charitable Aid Board cheque. The other cheque was paid into accused's account on March 15. Jane Anderson, a resident at Waikomiti, deposed that her sister-in-law, Mrs. Donelly, had three children in the Orphan Home. Witness went, in February, 1890, to Mr. Rawlings in company with her sister-in-law, to see about getting the children admitted to tho Home. A second time she visited Mr. Rawlings her sister-in-law paid accused the sura of £20 for the maintenance of the children in the Orphan Home. Mrs. Donelly obtained a receipt for the amount. The money was paid in notes. W. H. Churton deposed that accused had not paid the sum of £20 in question to the credit of the Orphan Home. There was no entry of tho amount in the books of the Home. This concluded .the evidence for the prosecution on this charge. Mr. Mahony contended that the Bench ought not to commit tho accused on this charge of embezzlement. He did not think the prosecution had established a piwba facie case against the accused. Ho contended that there was no evidence to show that accused had been omployod in any definite capacity by the Orphan Home Board. He thought, that his friend would have produced Mr. Pierce or some other witness to show the position accused had held under tho Board. Evidence given in other cases did not affect this one. Evidence was lacking upon the crucial point; as to tho capacity in which accused had been acting. The Bench decided to commit the prisoner for trial on this charge. Mark Rawlings was next charged with larceny as a bailee of £2 12s on March 29, 1888 ; also, £2 12s on July 2, 18S8 ; also, £2 14s lid on September 2S, ISSS, of the moneys of John Thompson. John Thompson deposed that while lie was under the care of the Home ho acted as a waiter at the Auckland Club. Two-thirds of his wages were always paid to Mr. Rawlings, who was to keep them in trust for him. He was throe years under the charge of the Home, till September, 188S, and during this time two-thirds payment was regularly paid to Mr. Rawlings. Mr. Rawlings was to keep the money in trust for him. On 29th March, 1888, the sum of £2 Pis was paid to Mr. Rawlings for their wages. A payment of £2 Pis was made to the accused on July 2, 18SS, and another payment of £2 14 ald on September 24, in tho same year. Witness had not received any of those throe sums, or any of his wages that had been paid to Mr. Rawlings —the sum of £33 2s 6(1. W. 11. Churton deposed that ho could find no entry of money received on trust for Thompson amongst tho accounts of the Orphan Homo. There was a letter from tho secretary dated September 15, in which it was stated that tho boy was to have two-thirds of his wages remitted to the treasurer of the Auckland Homo, and to be by him placed in the Savings Batik for the credit of the boy. If this and similar amounts had been placed in the Savings Bank there would be £220 move than there is now.

Prisoner reserved his defence and was committed for trial.