THEFTS BY SOLICITOR.

New Zealand Herald, Volume LXV, Issue 19940, 8 May 1928, Page 10

THEFTS BY SOLICITOR.

TRUST FUNDS MISAPPLIED. ) ' DEFALCATIONS EXCEED £7OOO. "PROBATION OUT OF QUESTION." Defalcations totalling £7169 in his trust account were admitted to the police by John Henry Victor Mansill, aged 30, solicitor, who was charged in the Police Court yesterday with the theft of five sums amounting to £2041. Confessing his guilt to Detective-Ser-geant Bickerdike, who arrested him, Mansill said: "I deeply regret having committed these offences and throw myself on the mercy of the Court, with the hope that it may take as lenient a view as possible of ray misdemeanour," Accused added that he had misappropriated funds totalling £7169. In a statement to the police, Mansill said he commenced practice as a solicitor m July, 1923. He bad no capital, but Mr. R. J. Coates, of Auckland, solicitor, an overdraft for him at the National Bank for £3OO. During the first year he did well, and then business slackened. In the meantime domestic differences having arisen between Mansill and Itis wife, they separated, and ho purchased ber a property at Devonport for £1450, subject to a first mortgage cf £9OO. Also, he paid his wife an allowance of £5 a week, besides paying interest and rates.

It was in March, 1925, that he found a deficiency in his trust account of about £3OO, but he thought, lie could make this right in the ensuing 12 months. However, he got into the habit of advancing trust moneys to clients in his own name, to finance transactions, hoping that by this means he would increase his practice, but business fell away to a considerable extent. His assets consisted of securities which he had acquired in this way. In March last ho found he could not meet his liabilities and he went with his auditor to the vice-president of the Auckland District Law Society, and told him the position. He closed his office the same day. Evidence was called to prove that the sum misappropriated from Norman A. Whytt was £5lO, Annie Carmody £3OO, Albert E. Stuart £4OO, J. F. Douglas £4OO, and J. Kirkness and others, £431. A list of other clients from whom money had been stolen was attached to accused's statement

For accused, Mr. Learv pleaded guilty to the five charges and Mansill was committed to the Supreme Court for sentence. Counsel: I would ask for bail.

The Magistrate, Mr. F. K. Hunt: I cannot allow bail. He will go to the Supreme Court for sentence. Probation will be out of the question. He has not got the remotest chance of getting probation.