MISAPPROPRIATION.

New Zealand Herald, Volume XLVIII, Issue 14587, 25 January 1911, Page 8

MISAPPROPRIATION.

AN AGENT IN TROUBLE.

COMMITTED FOR SENTENCE.

[by TELEGRAPH.—-OWN CORRESPONDENT.

Hamilton, Tuesday. Benet Evanus Bolton, better known as John Bolton, was charged at tho Police Court to-day with converting to .his own use at Hamilton on September 13 last the sum of £40, received by him from David Bruce, farmer, of Karamu; with converting to his own use on. September 22, at Hamilton, £100, received from Arthur Smith, farmer, of Karamu; and with converting to his own use, at Hamilton, on the -same date, £93 7s 6d, received from William and H. Haddock, farmers, of Karamu, the moneys being tho property of Henry Reginald Jenkins. The accused was arrested in Sydney a few weeks ago, and brought back to Hamilton.

The accused was employed by the Gane Milking Machine Company, of which Jenkins is the proprietor, as agent of the company. His chief work was to attend to the canvassing of the milking machines. He had no authority to collect the moneys due to them, but on the dates mentioned it was alleged ho received and appropriated to his own use tho amounts in question.

Harry Reginald Jenkins, of Elthara, owner of the Gane milking machine, said that the accused was engaged Dy him in May last, to canvass the district for orders. . The accused had no authority to collect moneys.. On , hearing that he was collecting, witness wired to his customers to make all payments to headquarters- How the accused became possessed : of the book of the firm's promissory notes, he could not tell. David Bruce said that when ho made out a cheque for £40, part-payment for the machine, Bolton told him not to cross it, as he wished to collect the cash, and send.it to Jenkins. Witness did not know to whom he was to pay the money, no arrangement having been made in this respect. .-'-- : - Arthur Smith said he purchased a Gane milking machine from Bolton, and. as he had no communication from anybody else he was under the impression that payment should be made to Bolton, to whom he handed ten £10 notes. Bolton ' made no stipulation as to how the money should bo paid. Similar evidence was given by William Haddock.

Recalled, Jenkins said the firm, at the time of the alleged misappropriations, did not supply printed receipt forms to agents, as none of them were authorised to collect. '" - V ■

The accused pleaded not guilty, and reserved his defence, asking that he be committed for trial "• to Auckland, instead of Hamilton, as he could not get _ sufficient money together to defend himself here. Later, Bolton said lie would plead guilty, as he could do nothing else, but when he came to sign his committal he explained to the Bench that he wished to go before a jury, as he did not know what he had done in pleading guilty. The Bench refused to accept the altered plea, and committed the prisoner for sentence.