SUPREME COURT

New Zealand Times, Volume XL, Issue 9043, 14 May 1915, Page 7

SUPREME COURT

CRIMINAL SESSION ALLEGED THEFT OF A GOVERNMENT CHEQUE. The criminal sittings of the Supremo Court in Wellington were continuer! yesterday before His Honour the Chief Justice (Sir Robert Stout). The prosecutions were conducted by Mr V. H. Morfedith of the Crown Law Office. VERDICT OF NOT GUILTY.

The hearing was resumed of tdc case in which Thomas' Dagnall was charged with having indecently assaulted a female child aged three years and one month, at Wellington, on February 13th last. Mr V. R. Meredith, of the Crown Law Office, conducted tho prosecution, and the accused was defended hy Mr H. von Haast. After a retirement of about two hours, tho jury found the accused not guilty. EX-CIVIL SERVANTS CHARGED. The case was next taken in which Ernest Alfred Welsh and James Gibson Briant were charged that, on February 12th, 1915, they stoic a cheque drawn on the Bank of Now Zealand for .£790, the property of the Now Zealand Government. Alternately the accused were charged with attempting to ‘ steal a cheque, and Briant was charged with receiving it, knowing it.to have been dishonestly obtained. Both men wore Government officials Up to the time of tho alleged offence, Welsh having been Registrar of Native Lands for the South Island, and Briant a clerk in tho Rost and Telegraph Department. Mr T. M. Wilford appeared for Welsh, and Mr P. W. Jackson for Briant.

Welsh, had pleaded guilty in the lower court / to. tho following additional charges:—Receiving £l7 4s from O. H. Treadwell and failing to account for tho same to the Receiver-General; on September Ist, 1913, attempting to commit fraud by omitting to make a material entry in the cash-book regarding a cheque for £7O 10s lid; on October 13th, 1014, failing to account for £3O 6s 2d, the property of the Re-ceiver-General; December Bth, 1911, the theft of £3O from the ReceiVerGcueral; on December 11th, 1914, tho theft of £C3 7s bd from the ReceiverGeneral.

In describing the case) Air Meredith said that-Welsh; as Registrar of the Native Laud Court for the South Island, had power to operate on the Law Trust account, applying the funds for the benefit of the’ natives 'interested in, the trust. The cheque for, £790 was drawn, not on a form out . of, , accused’s own book, but on-a form out of the book of the Registrar of the Akaroa native district,; .It ty’as presented ; . at the bank by Briant, and the teller, who had his suspicions, sent for Detective Cameron. When the detective questioned him, Briant gave his nfime as T. A.. Burns, tradesman, of Tnlakori road. Later he said that he picked up the cheque in Mbleswbrth street. He also denied that Welsh gave him the cheque. The principal circumstances surrounding tlic charge were contained in the evidence of Walter Francis Drake, Government ledger-keeper at the Bank of Neiv Zealand, who; stated that the handwriting on the cheque produced Was Wolsh’s. On February 12th, the sum of £1864 11s 9d was lying to Wt-lsh’s official account in the bank. On that date. Briant presented the cheque for payment. Witness did not cash it, because he wanted to look ■ further into it, as there had been inquiries by the Government aiiditor, a few days :previously, into tho LawTrust account. When asked where he not the cheque, Briant stated that he received it the previous afternoon from Welsh. Briant was detained at tho bank until the arrival of Detective Cameron. ,

Ludwig Arnold Teutenberg, _ Registrar of the Karoa ‘ ' Native Land Court District, stated in evidence that, as far .as he knew, there was nothing to warrant Welsh drawing a cheque for £790. There was no record in witness’s books to show that Briant was authorised to receive any money, from the Native Lauds Law Trust account.

In the lower court, when asked to plead, Welsh handed in the following statement : “I gave the cheque to Briant to cash for me, as I was under tho influence of liquor. He took it to cash for me. I did not tell him what I wanted it for. . He-had no wrong intention, and is innocent ot wrongdoing. I am innocent ot fraud.” His evidence in the Supreme Court was to the effect that he was in a. bad state through drink, and con-, seqiiently got Briant- to cash’ tho cheque for him, intending that tho money should bo paid into the Re-ceiver-General’s account.

Evidence was given by Chief Warder Ching and Warder Goddard, of the Terraco Gaol, that, on being received at tho prison, Welsh developed a particularly severe form of delirium tremens. , ■ ....

Bnant’s evidence was in the direction of showing that ho endeavoured to cash tho cheque in order to, oblige Welsh, who was not in a presentable condition, owing to the effects ol drink. . He could not say why he gave the name of ”T. A. Burns” when questioned by Detective Cameron, but he supposed it was because, he was frightened—ho was still confused and muddled with liquor. . f

Tho Chief Justice, in summing up, directed the jury that they need only consider the-count charging Welsh and Briant with attempting to steal the dheque; the other charges did not warrant a conviction.

After a retirement of two hours, the iurv returned with a verdict of guiltv against both accused, who will be out forward .for sentence to-mor-row.

ALLEGED INDECENT ASSAULT,.. A charge of having indecently assaulted a boy aged six years, at Wellington on December 9th last, was preferred against a middle-aged man named William Jones. The accused pleaded not guilty, and conducted his own defence. The case had not concluded when the court rose until 10 a.m. to-day.