THE CHARGE AGAINST W. R. WATERS.

New Zealand Mail, Issue 779, 4 February 1887, Page 10

THE CHARGE AGAINST W. R. WATERS.

The remanded charge against W. R. Waters, for the alleged embezzlement of £I9OO from the ISlorthern Land and Loan Uompany, was continued before Mr Wardell last Friday afternoon. Mr Middleton appeared for the prosecution, and Messrs Jellicoe and Skerrett defended. The following evidence was given : J. B. Harcourt (continuing his evidence from last week) stated that he had no personal knowledge of any embezzlement, but he had, of course, heard various statements made in connection with the {matter, beside •what he had been told by Mr. Stuart. Had looked into the articles of association. Really could not state whether the accused had power to give receipts. His Worship : Was Waters appointed by a resolution of the Directors ’—Witness : I believe so. His Worship : Do you remember the date of his appointment ? No. Mr Middleton : Can you state how long ago he was appointed ?—Witness ; About three years ago. Mr Middleton : But you were the Chair, man of Directors’—Witness: I have only been acting Chairman for the last month or MO. Mr Middleton : But you can easily tell by reference to the books. Mr. Jellicoe thought, from the manner the cross-examination was being conducted, that the prosecution was no better posted up than last week. Witness, continuing, said that the accounts in connection with the Company,

were placed before the Directors at every meeting. Could not state whether accused rendered monthly a statement of accounts during the year 1884-1885. Witness took possession of accused’s books, but could not state that he was dismissed. There was no resolution passed showing that he was dismissed, or that he had resigned. Had several interviews with accused with reference to the affairs of the Company, and also of the accounts of the depositors and borrowers. The first interview, as far as witness could remember, wasjabout the 10th or 12th November last. Accused told witness at one of these interviews that several sums of money had gone, and at the same time showed several items. All information that witness received was handed to Mr Stuart, to allow that gentleman to investigate and report upon. Accused was very open in giving any statements, which were always made voluntarily. Witness made application for the accused’s guarantee. Mr Middleton : What sum of money is now due by Waters to the Company. Witness : Wo have sold our claim to Waters’ estate, the same way as in any other bankrupt estate. Mr Middleton (surprised) ; You have sold your claim ? Witness : Precisely, we have disposed of it to the estate. C. P. Skerrett, solicitor for the accused, produced a document which released the accused from all moneys due by him to the Northern Land, Loan and Building Company. The deed was signed by A. P. Stuart (Acting Secretary), J. B. Harcourt, and J. F. Wright. The document also bore the seal of the Company. J. B. Harcourt, recalled, stated that accused had frequently admitted owing the Company money. By Mr Jellicoe: There was a fidelity policy for £IOOO. The Company’s solicitor intimated to witness that it would be very doubtful whether the Directors would be able to recover anything from that policy. Witness waa given by accused a list of the accounts due by him to the Company. Had no recollection of Having any communication with Mr Skerrett concerning a detailed account of the moneys owing. But for the deed already produced accused would be owing the Company money. Witness understood from his reading of the deed that the Company disposed of {the moneys due by Waters. Understood that they were disposed of to Mr Skerrett. Mr Skerrett re-called and cross-examined by Mr Jellicoe, stated that he paid £1250 on the basis of the statement in the account releasing the accused. By Mr Middleton : That amount was actually paid. It was paid by witness. It did not come out of the Victoria Guarantee fund. Was not aware that the final report of the Company was not made out. At this stage Mr Jellicoe asked that the information should be made more specific, so as to state the actual embezzlement which took place. Mr Middleton said it was impossible to be precise, and that at present he was not in a position to state any delinite sum so embezzled.

His Worship observed that Mr Midleton had rhad a whole week to consider his case, but at the same time would not press him. just at present to state anything definitely. C. C. Graham, Official Assignee in Bankruptcy, produced the cash books in Waters’ bankrupt estate. There was no letter-book for the year 18S6. Louis Proctor Blundell, newspaper proprietor, produced a deposit receipt dated June, 18S6, signed by the accused for £SOO. Had applied for interest but had not received any, being told by the Company that the receipt was informal. By Mr Jellicoe : Had seen both Mr Harcourt and Mr Stuart, the acting secretary, but both gentlemen repudiated liability. The actual cash did not pass at the time the receipt was received. No money passed in the year 1886, but a document representing the money had passed. This document was a deposit receipt on the City Advance Company, aud was signed by Waters. By Mr Middleton : Waters was secretary of both companies. Edward Stafford, solicitor, said that at one time he held a deposit receipt for £343 5s signed by Waters. Was willing to give all information, but could not remember every dealing his firm had with various companies in the city. P. A. Buckley, solicitor, said that he could not say whether he ever held a deposit receipt on the Northern Land and Building Company for £IOO. Such a document might be in the office, but witness had nothing to do with the firm’s accounts. Had no doubt after examining a document produced that £IOO had been paid to the Northern Loan and Building Company. John Blundell, newspaper proprietor, produced a deposit receipt for £IOO, signed by Waters, and dated May 13, 1886. Had applied for interest, but was refused it, the Company repudiating its liability. The £4OO represented money paid in. By Mr Jellicoe : At the time witness got the receipt no actual money passed. Accused called on witness saying that the City Advance Company was being wound up, and asked witness to transfer the money he had in that to the Northern Land and Loan Company. Accused was secretary to both companies. The receipt produced represented that transfer which was now repudiated. Walter Goalen, Secretary to the Gear Meat Company, produced two receipts of the Northern Loan Company purporting to be signed by accused for LSOO each, and dated 22nd October, 1886. By Mr Jellicoe : Witness believed that LIOOO was still in the bank to the credit of the Gear Company. Thomas Hodgkins, hotel proprietor, said that he never held a deposit receipt on the Northern Loan Company in conjunction with Messrs Buckley, Stafford, aud Bartou. Signed his name on the back of two receipts, but knew nothing about them. Was quite sure everything was right when the transaction was in the hands of Messrs Buckley Stafford, and Barton. Alexander Johnston, M.D., was also called as a witness, but gave no evidence of importance, merely stating that some years ago he held a seat on the directory of the Northern Land and Loan Company, and in 1882 he resigned, being re-elected again last February, 1886. Mr Middleton intimated that he would ask for a further adjournment.

Mr Jellicoe, while not objecting, said that the prosecution, so far as be could see, had made no actvanco in the case, it was just a'-'out in the same condition as it was last week. He hoped his Worship would make the bail as light as possible. It was ultimately arranged that the case be adjourned until next Friday, accused’s bail being fixed at one surety of LIOO, or two sureties of LSO each.