SOLICITOR'S THEFT

New Zealand Herald, Volume LXIX, Issue 21349, 25 November 1932, Page 15

SOLICITOR'S THEFT

FUNDS OF CLIENTS

SUM OF £2161 INVOLVED

j ADMISSION of charges

COMMITTED FOR SENTENCE

The theft of £2161 5s 9d, money belonging to his clients, was admitted by a solicitor, Matthew Prust Stewart, aged 37, ■when he was charged before Mr. W. R. McKean, S.M., in the Police Court yesterday. Accused, who was represented by r . Burt, was committed to the Supreme Court for sentence.

The charges were the theft of £BOO, the property of F. C. Litchfield, on or about Julv 11> 1930, and the theft of amounts totalling £1361 5s 9d, the property of W. J. D. Vrede and others, between April J, 1931, and August 11, 1932.

Frank Clifton Litchfield, farmer, of Papatoetoe, stated that accused had been his solicitor for about eight years until recently. About May, 1929, two mortgages fitness held over suburban properties changed hands, and accused received £I4OO in cash on witness' behalf. Accused subsequently invested £7OO for witness, holding the other £7OO in trust.

Investment in Mortgage Mr. Litchfield added that about July, 1930, accused communicated with him and said a person desired to sell an interest in a mortgage of £2OOO. Witness paid accused £IOO as an addition to the £7OO already held. Witness said he received three payments —one of £SO and two of £25 J -which he understood to be interest from the mortgage. Witness then thought the 'mortgage was in existence. He bad since seen a transfer of the mortgage in .which his name did not appear. Evidence was given by a public accountant, Alexander Edward Irving, that he was auditor and secretary for Parakai House, Helensville. On October 21, 1930, fitness paid accused £BOO in regard to a mortgage of £2OOO. At no time had there been a notification of the transfer of any interest t<t Litchfield. Herman H. Osmers, of the Lands Registry Office, gave evidence of the transfer of £BOO in the mortgage from Alfred Thomas Bell to Alice Jarvis Allen, mother of the previous witness Irving.

A public accountant, Alfred Lambert Pike, stated that he was appointed by the Auckland District Law Society under a warrant of August 21 to investigate accused's accounts. During the audit he discovered shortages in the trust funds as follows:—J. D. Vrede, £350; J. Farrell, £300; P. E. Stone, £204 16s 9d ; E. Watson estate, £200; C. Bishoprick, £150; Mrs.' Davis, £6O; Bush estate, £6O; N. C. Litchfield, £25; W. R. Litchfield, £10; ,W. T. Woods, £6 7s 6d; Y. V. Collins, £5; and the No. 2 trust account, £2O 16s 7d. The only cash available to meet the shortages was £3O 15s Id. / Assistance in Inquiries

Cross-examined by Mr. Burt, witness said accused had given him some assistance in regard to the investigations. Witness' had not been able to inquire into Litchfield's transaction because earlier books were not produced for him. Detective Allsopp said he arrested accused on October 26, accused at that time saying he thought the shortages in the trust funds would be between £I6OO and £I7OO. Accused had assisted in the investigation and admitted stealing amounts totalling £2161 5s 9d.

A plea of guilty being entered, Stewart was committed for sentence. Bail was recewed in the sum of £SOO.