THEFT CHARGE DISMISSED.

New Zealand Herald, Volume LXV, Issue 20116, 29 November 1928, Page 14

THEFT CHARGE DISMISSED.

CASE AGAINST SALESMAN. NO EVIDENCE OF FRAUD. [llY TELEGRAPH.—OWN CORRESPONDENT.] HA MILTON, Wet I n esd ay. Complicated accounts involving a salesman's commission on an engine, wero investigated in the Hamilton Magistrate's Court this morning when William John Bowling was charged with the theft of £2 10s, the property of Stanley and Company, of Hamilton. Sonior : Sergearit Sweeney said accused was a .salesman formerly employed on commission by Stanley and Company, and bad a trading account with the firm, lie supplied Mr. ,lames Sunt) . ul lima horn, with a milking-machine engine, and asked for (12 10s commission. ;dt hough he knew his firm instructed lnm not to incept any money on account. The purchaser of the engine, .lames Smith, share-milker, of lloialior.i. s.nl that accused told him he wanted 112 10s to make the deal binding. lie paid the money lurt did not get a receipt. Mr. J. I'. Strang, who appeared lor accused, said his client pleaded not guilt \ and elected to lie de.dt with Minimal 11\ II I'owland Paul Houghton, manager of Stanley and Company, said If had taken fiver the business several veai- ago and thai Bowling was then in his employ. He had left (lie firm, but was subse quently re-employed. He had sold and installed machines on the agreement that a commission should bo paid Evidence was given bv Underiek Bra it h waite, accountant for Stanley arid Company, that, he had written to Mr. Smith at Hoialiom and learned thai he had paid £2 10s to Bowling Bowling had been asked for the money and when he did not pay on a cerium dale proceedings had been taken. Tho magistrate, Mr. Wvvern Wilson, nit if i Ihe agreement under which comrrits nion was paid was a loose one. Stanley and Company had I rusted Bowling with goods and it was slrange il tliev would not permit I iin to collect a sum of E2 10s. The evidence did not show that the money had been taken fraudulently. Th(> accounts showed no amount

for erection of plants and this sin mid | < 'je in mopss of X2 10s. Ft was the . fif t lrrr prosecution |o prove that - : 4K was ffllprtrd fraudulently or l-v't »y<(J f' ( ' on criminally deXhe chavgo was dinmissoi.