LOSSES ON CANTEENS.

New Zealand Herald, Volume LVIII, Issue 17942, 18 November 1921, Page 6

LOSSES ON CANTEENS.

ALLEGATION OF FRAUD.

JUDGE "ASKS IN VAIN."

[BY TF.LEGRAPn.—PEESS ASSOCIATION.] WELLINGTON. Thursday. "You have charged this man with fraud. I have asked in vain for some particulars of that fraud. Where aro they?'' asked Mr. Justice Hosking, when a somewhat unusual case, where an action was brought by tho Committee of Management of tho Featherston .and Trentham camp canteens against Thomas Balfour Mason, claiming £1251, chiefly in regard to losses at the canteens, allegedly due to negligent or fraudulent management by tho defendant, was called on again at tho Supreme Court.

"You have simply proved that so much slock was on hand when ho took over, and that so much was not accounted for when he went out. You might as well say that a director was to bo held responsible if the babJicc-sheet which he adopted did not show the same amount of goods at tho end as at the beginning of the year." Mr. 0. Bcere, who appeared for tho plaintiffs, replied that had the losses been small the matter would not have borno the present appearance. Up to a certain date the canteens had been run at a profit Everything had gone all right. "You ask mo to draw the inference that because a loss was made the defendant took tho goods?" asked the Judge. Mr. Bcere stated that he wished to withdraw the suggestion that the defendant had suppressed certain transactions, as bad been alleged in the statement of claim. Defendant was recalled and questioned as to certain details. Counsel then addressed the Court. Mr. Gray, K. 0., for the defendant, held that the plaintiffs had altogether failed to gubsfcantiato their claim. Ho expressed surprise that Mason had not been asked for some explanation beforo tho action had been launched against him by complainant to tho polico (prior to tho launching of tho civil action). His Honor remarked that there seemed no aflirmativo evidence as to whero £1000 worth of goods had gone, whero they Had been stored, or how they wero consumed. Thcro was no evidence that the books had been falsified or that the stock sheets wore missing. Ho added that ho did not think that Mason could make away with money in any caso by reason of the chock made by tho coupon system at the canteens. If fraud was alleged fraud must bo proved. His Honor said he woidd go carefully through the evidenco to boo if there was anything to bear out plaintiffs' contention, though for tho moment ho could recall'no such point, on tho main chargo at a;iy rate.