SOLICITOR IN TROUBLE.

New Zealand Times, Volume XXXVI, Issue 8178, 20 July 1912, Page 1

SOLICITOR IN TROUBLE.

ALLEGED MISAPPROPRIATION SOMERVILLE'S DEFENCE. Hearing of the Wellington Law Society’s application to strike tho name of William George Somerville, of Dan* novirke, late of AVellington, off the roll of barristers and solicitors was con- ' tinned before the Court of Appeal yesterday. •' On the bench were their Honors tiio Chief Justice (Sir Robert Stout), Sir Joshua Williams, Mr Justice Donniston, Mr Justice Cooper, and Mr Justice Chapman. Mr A. Gray appeared for tho Law ■ Society, and Mr Somerville opxioscd tho motion in person. The grounds alleged by tho society v in support of the motion were: (1) That r Somerville while acting as solicitor to Catherine Butler, of AVellington, widow, received from her in 1900 tho sum of £I7OO for investment on a first mortgage to be procured from Thomas Andrew Hemming Field and Henry Montague Field as mortgagors of cor- , tain laud at Island Bay, that it was Somerville’s duty to apply the £I7OO received in paying off and obtaining discharges of prior registered mortgages then upon the land and in satisfying the claims of the vendors to tho -, mortgagors for unpaid purchase-money : and otherwise procuring the mortga- v, gers (Messrs Field) to become tho registered proprietors of tho land free from all encumbrances save tho intended, mortgage to Mrs Butler and to obtain from Messrs Field a valid and registerable first mortgage to Mrs Butler; that Somerville falsely represented to Mrs Butler that ho had done this, < whereas in fact ho had not done bo, but had fraudulently converted the sum of £I7OO to his own use or had otherwise fraudulently applied tho same to somo other purpose; (2) that i Somerville, having on May 16th, 1903, j .received from Percy Hudson the sum 1 of £l4B 12s lOd on behalf of a syndi- ; cate comprising John Hall Flocktou and others upon terms requiring him to. account for dr pay the same to Flocktou on behalf of the syndicate, ■ ho wrongfully appropriated part of the ; sum (£132 15s*4d), to his own use and fraudulently omitted to account for or pay it. to Flocktph or the syndicate. . Air Somerville yesterday resumed his i defence. Ho produced affidavits made by his former accountant and by people with whom he had had dealings ' ’ to show that his financial position in f 1906 had been strong. If lie had been ‘ asked, ho said, ho ,could have paid the , £950; but ho had been asked not to ’ register the deed.of mortgage. At that . time his surplus'was iso largo that it would have been - absurd to suggest that ho would- have taken £950. After-wards-ho did his best to protect Airs Butler from loss'.' . , Air Justice Deuniston r There is no denial of “the fact that you wen© very 1 anxious- to give real security. The Chief Justice: The question is'': entirely one of misconduct. You received £I7OO with 'which you were supposed to pay off the mortgage of £OSO. Th© question is whether you had the ? consent of Airs Butler and th© Fields not to pay off . this mortgage. His Honor added that when values fell Somerville did his best to assist theso. persons to whom ho had given seen-' > rities. Air Somerville proceeded’to compare his affidavit with Mrs Butler’s. He , claimed that this comparison revealed discrepancies in Mrs .Butler’s sworn statement and that his own affidavit should bo accepted as tho more rcli- • able. ■Air Justice Chapman remarked that it would have been better if Airs Butler had been cross-examined.' 1 Air Somerville had not concluded his . case when the court adjourned until •■■■' 10.30 a.m. on Alonday.