THE CHARGE AGAINST W. R. WATERS.

New Zealand Times, Volume XLVIII, Issue 7996, 29 January 1887, Page 3

THE CHARGE AGAINST W. R. WATERS.

The remanded charge against W. R. Wafers, for the alleged embezzlement of £I9OO from the Northern Laud and Loan Company, was continued before Mr Wardell yc ,fcertlay afternoon, Mr Middleton appeared for the proxoution, and Mesirs JeUicoe and Skerrett defended. The following evidence wa» given:— J. B. Harcourt (continuing his evidence fro n last week) stated that ho had no pertonal knowledge of any embezzlement, but ho had, of i outre, he rd various statements made ia connect ; on with tho Jmattor, beside what ho had been told bv Mr. Stuart, Had looked into the articles of association. could nob state whether the accused bad power to give receipt!. His Worship : Was Waters Appointed by a resolution of tho Directors ?—Witness : I believe so. His /Worship : Do you remember the date of his appointment ?—No. j Mr Middleton; Can you state how long ago he was appointed ?—Wifcnets: About three years ago. ' . Mr Middleton : But you were the Chairman of Directors?—Witness; I have only been acting Chairman for the last month or so, Mr Middleton : But you can easily tell by reference to tho books, Mr. JeUicoe thought, from the manner the cross-examination was being conducted, that the prosecution was ho better posted up than la t 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 account: daring 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 dis, mis.sd, or. that he had resigned. Had several interviews with aoeuLed with reference to the affairs of the Company, and also of the accounts of the depositors and borrowers. The fist interview, os far as witness could remember, wasjabout the 10th or 12bh 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 ia giving any statements, which ware • alw ;ys made voluntarily. Wifcaeia made application fop the accused's guarantee. . Mr Middleton ; What sum of money is now due by Waters to the Company, Witness; We have sold our claim to Waters* estate, the same way as iu 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,' solipito • for the, acctued, produced a document which released tho act cased from all moneys due by .him to the Northern Land, Loan and Building vCompany. Tho deed was signed by A< P. Stuart (Acting* Secretary), J. B, Harcourt, and J. •Pr 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 Jelliooe; There wai a fidelity policy for £IOOO.. The Company's solicitor intimated to wltncis that it would be very doubtful whether the Directors would le able to recover anything from that policy. Witness was given by accused a list of tbe accounts due by him to the Company, ; Had no recollection of haviog any communication with Mr Skerrett concerning a detailed account of the moneys owing. But’ for the deed already produced accused would he owing the Company money. Witness understood from his reading of the de*d that the Company disposed, of ithe ijioneys due hy Waters, Understood that they were diepoied of to Mr Skerrett, > Mr Skerrett ro-called and crosi-examined by Mr JeUicoe, 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 wqs paid by witness. It did not come out ef the Victoria Guarantee fund. Was not aware that tho final report of the Company was not made out. • At this Mr JeUicoe asked that the information-should be made more specific, so aa to state the actual embezzlement which took place. . Mr Middleton said it was impocsible to be precise, and that at present he was pot in a portion to state any definite sum so • einbezaled. 1 1 ' . .His Worship observed that Mr Mldleton had (had a week to consider bis caj-e, but at the* same time would not press him just at present to state anything definitely. O, O. Graham, Official Assignee in Bankruptcy, produced the cash books in Waters* bankrupt estate,, Tnero was no letter-book for tho year 1886. Louis Proctor Blundell, newspaper proprietor, produced a deposit receipt dated June, 1886, signed by tbe accused for £SOO. Had applied for interest but had not received any, being told by the Company that the receipt waa informal. By Mr Jelliooe : Had seen both Mr Harcourt and Mr Stuart, the acting secretary, but both' gentlemen- repudiated, liabi'ity. •The actual cash did not pass at tho time the receipt was received. iNo money passed in the year 1886, but a doo-ment representing the money bad paaced. This document was h deposit receipt on the City Advance Company, and 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 bis firm bad with various companies io the city. P. A, Buckley, solicitor, said that be could sot say whether he ever held a deposit receipt on tho Northern Land and Building Company for £IOO.. Snob a document might be in the office, bat-witness bad nothing..to do with the firm’s accounts. Had no doubt after examining a document produced that £IOO had- been paid to tho Northern Loan and Building Company. , John Blundell,.newspaper proprietor, produce 1 a deposit receipt for £IOO, signed by Waters, and dat:d May 13, 1886. _ Had applied for interest, but was refused it, the Company repudiating its liability. The £4OO represented money paid in. : By Mr JeUicoe; At tbe time witness got the receipt no actual money passed. Accused cal l d on witness saying that the City Advance Company was being wound up, and ashed: witness to transfer the money ha bad in that to the Northern Land and Loan Com. pany,: ■ Accused was secretary to both companies. The receipt produced represented that transfer wbiob-was now repudiated. ' ' Walter' .Goaien, Secretary to the Goar Meat Company, produced two receipts of the Northern Loan Company purporting to be sighed by aochsed for LSOO each,' and dated 82nd botober,’lßß6.' ‘‘ ' By Mr 1 Jelliooe’: Witness "believed that LIOOO waa still ufftho bank to the credit of tho Goar Company. ■ ’ 1 * ‘ Thomas Hodgkins, hotel proprietor, said that be never held'a deposit receipt on the Northern Loan Company in conjunction with Messrs Buckley, Stafford, add Barton. Signed bis name on the back of two receipts, bat knew nothing aboat 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 oa'led

as a witness, but gave no evidence of importance, merely stating that some years a-rn ho held a seat on the directory of the Northern Land and Loan Company, pa ■» 1882 he resigned, being re-elected again last February, 1830. . Mr Middleton intimated that he would asx for a further adjournment. Mr JeUicoe, while not objecting, said that tbs prosecution, so far as he could see, had made no advance in the ca‘.e, it was just a'-out in the same condition aa it was last week. He hoped his Worship would make the bail as light aa possible. It was ultimately arranged that tho ca e be adjourned until next Friday, accused 8 bail being fixed at one surety of LIOO, or two sureties of LSO eaob.