TRIAL OF A VOLUNTEER OFFICER.

New Zealand Mail, Issue 766, 5 November 1886, Page 14

TRIAL OF A VOLUNTEER OFFICER.

(UNITED PRESS ASSOCIATION.) Blenheim, Oc ober 28.

The Supreme Court was occupied to-day with the trial of Frederick Mayhew for embezzling sums amounting to £133, the property of the Spring Creek Rifles, of which he was captain, and including capitation money, the balance handed over by previous captain, sums collected toward new uniforms, and ticket money received for Volunteer ball. The second count charged him with receiving moneys the property of the Crown, the accused as captain a was servant of Her Majesty. The proseaution is a private one by the company. Mr Justice Richmond overruled the objection of prisoner’s counsel that there could not be embezzlement, as the Volunteer Act vested the property of the corps in the captain for all purposes, civil and criminal. His Honor thought that referred only to the captain being the person to sue or be sued, and did not empower him to do as he liked with funds or refuse to account for thenx. Eventually the point, which is one of importance to Volunteers generally, was reserved for decision by the Judges at the next sitting of the Appeal Court. Another point of the defence was that there was no evidence of fraudulent appropriation. This went to the jury by his Honor’s direction, and a verdict of guilty was returned. The prisoner was sentenced to IS months’ hard labor.