THE CRIMINAL SESSIONS

New Zealand Herald, Volume LX, Issue 18471, 7 August 1923, Page 5

THE CRIMINAL SESSIONS

VERDICT OF NOT GUILTY. ■\ ..-.,'.'■"'- ■ /".; W ■'*"'; J '..' ■' ■ •'•■'-;'. : .'■■,' '- : "'' .- J .\ "-'''

CHARGES AGAINST BANKRUPT.

BOOKS AND \ DEBTS 'AT ISSUE.

The criminal sessions of the Auckland Supreme Court were concluded yesterday, before Mr. Justice Stringer and Mr. Justice Herdman. :: ; .',■.Va

To charges of failing to keep, books and contracting debts without any reasonable expectation of being able to pay,' Charles Thomas Spearpoint (Mr. Jordan), a builder, of Auckland, pleaded not guilty. Mr. Patterson, for the Crown, said that accused began business in April, 1921, his cash capital being £73. When he became bankrupt on July 31. 1922, there was a deficiency of £1014. Investigation showed that at two periods of his business career he was insolvent. His liability fluctuated, and from November, 1921, it exceeded £1300 at the end of each month.

Victor Roy Crowhurst, chief clerk in the official assignee's office at Auckland, stated that the account books accused handed over to the official assignee did not show sufficiently the t position of his business. His books were no,t the usual ones kept by builders. Cross-examined, witness said that in, accused's schedule land was shown in the assets, and £1600 was obtained for the equity in that property. -, , ' . Ivo Burnet Dobson Esam, an accountant, stated that tin 16' months from the time he began business accused went to the bad to the extent of £1280. The books were not sufficient to : disclose his business position without a great deal of trouble. On December 31. 1921, excluding a debt of £168 18s 10d, accused owed £1151 Is lid, 0 and the trade assets composed a balance due to him on a contract of £415, which meant a deficit of £726 lis Id. ■ ■? . ■"

~ Evidence was given of debts contracted by accused with various firms shortly before bankruptcy. ' < ' Accused, in evidence, stated that he had owned property at Manawaru, which he had negotiated to have cleared of blackberry at £12; 10s an acre. Cross-examined, accused said that after September, 1921, he contracted debts for £1280, which he intended to pay by .the sale of the Manawaa-u property. He was also going to pay debts out of moneys coming in from a contract. His son kept the books. He. valued the farm property at £1500. He undertook six contracts, making a profit on only three of them. He denied that he had neglected his business and indulged in drink. Mr. Jordan submitted that accused had kept such books as were sufficient for his purpose as a small builder, and that when he contracted his debts, although at the moment he might have been insolvent, he hid reasonable expectation of being able to pay by reason of his farm property equity. . ;'■ The jury found accused not guilty on both counts and he was discharged. VERDICT OF s NOT GUILTY.

HER STEPFATHER'S MONEY.

A plea of not guilty was entered by a young woman, Ruby Jessie Kent (Mr. Sullivan), who was charged before Mr. Justice Herdman with the theft of £130 10s, the property of her stepfather, William Kent. -:■> ■ ; '■ ;;"■'■ Mr. Paterson, for the Crown, stated that the man had £230 in a chest, keeping the key under the mattress of his bed. On June 27, he found that 12 bundles of notes, each containing 10 £1 notes, were missing, and some gold.' William Kent denied that accused had been keeping the house, and said he had given her no authority to take or-use any of his money, itfe denied that accused gave him part of her wages when she was Working.. .. .„■ - ■" ...' ~ .' ' Detective. Barling , said that accused signed a statement in which she said she had been housekeeping and cooking meals for her father and step-brother and sister, and had taken money ; from the box to keep the house going. On February 14 she took £2, and at intervals, of :■: two weeks or a month took further sums, "aggregating about £4 a week. She used none 'of this money on herself, and was sure she had not gone through £130. She admitted she had no authority to take this money from her lather, and said he did not know she was taking it. In reply to Mr. Sullivan-witness said that when the statement was.being made he estimated that the accused had accounted for taking between £30 and £40. The accused said she - returned home because her step-sister was ill. She later worked for two periods of 14 days and gave her father 25s a week out of her earnings. After that she remained at home housekeeping, but received no money toward expenses. His Honor: Did you ask your father for money No; he told me to take what I wanted. ■ '■

Continuing, accused said that when,the loose money under the mattrass was used she went to the box. Her father knew she was housekeeping arid that was the only way of ; getting money. She spent from 10s to 15s weekly on meat, and 20s to 30s weekly on groceries. On one occasion, she bought clothes for her brother. She asserted that she took the money-in good faith, and without intent,to defraud her father, thinking that she had a perfect right to use the money for housekeeping. In all, she took about £30 and on one occasion pawned her jewellery to buy food for the family. She alleged that her present position was the result of a quarrel with her father over a woman who' came to the house, and to whom she objected. She added that her father participated in the meals,' knowing that the articles he was buying and bringing home would not be sufficient for the whole family.::,.--..,•'. ' The jury found accused. not guilty, and she was discharged.

OFFENCE BY ESCAPED PRISONER.

BREAKING AND THEFT.

Eric Burnett, one of the four prisoners who' escaped from Mount r Eden gaol : ,on July 6, and who had pleaded guilty to breaking, entering, and theft at Otahuhu during the period he was at; large, . was brought before Mr. Justice Herdman- for sentence. ; ' . L ~' . : " * ,His Honor sentenced r accused ■to V 12 months' imprisonment, to run concurrently with the sentences he is;;, now 'serving.. .. .

ASSAULT ON YOUNG v GIRL. '

SIX MONTHS', IMPRISONMENT.

'•I think the verdict is against , the weight of evidence," was the statement made by Stanley Reginald Harvey, J aged 21 {Mr. Fotheringham), when asked if he' had anything tc say ' why sentence should not be passed on him after the jury had found him guilty, of indecent assault on a. 15-year-old girl. The offence, it was stated, took place on a scow at Parnell Wharf. , Mr. Justice Stringer: said his opinion was that > the verdict in conformity with the evidence, but that ; was not the question that concerned accused. Accused's record showed that he previously had been convicted of theft and false pretences and receiving. There was also a record of a. conviction at Bobart.: His Honor said he would take' into account the fact that this was the first case against the accused involving indecency. ; His ? Honor, said he took i a severe : view of,.assaults on' young;girls'; but in view ■of "'''exceptional, circumstances .he -thought a moderate term would meet the case. Accused would be sentenced to six months'; imprisonment. ■ . ' .