NOT GUILTY

New Zealand Times, Volume XLVII, Issue 10976, 11 August 1921, Page 5

NOT GUILTY

INSUFFICIENT EVIDENCE XllK ALLEGED \VATERSJDE CONSPIRACY CASE. LONG TRIAL ENDED. The long-drnwn-out conspiracy ease ©oncludcU in the Supremo Court yesterday. The case was one in which George Churchill, coal foreman, and head timekeeper, and Oliver Joseph Chisholm, assistant timekeeper, were charged with conspiracy to defraud the Union Steam Ship Company of £l6o XOd, in connection with the alleged employment of T. A. Welle and E. N. Walker. , Air Justice Reed was on the Bench, Mr t\ S. K. Macassey appeared for the Crown, and the accused were reprerented bv Mr H. F. (VLeary and Mr A B Sievwright. Mr W. Gardiner \va> foreman of the jury. THE CROWN CASE, The points of the Crown case were *et ont by Mr Macassev aa follow: fa) The only T. A. Wells and E. N. Walker on ‘the waterfront were era* 1 ployed bv the Harbour Board, and had not worked on coal beats since May. I<>2o. (!>) the foreman established the fact that the men had not worked on coal boats; (c) Wells and Walker would be called, to give evidence that they did not sign the pay receipts; (d) since the checks were made, the names of Wells and Walker did not appear, and a bonus for Wells and Walker did not appear; (e) the names appeared always at the bottom of the ii**t; (f) the cards showed that, during eight weeks, the two men had’been credited with eqiml time and pay week bv week; ( g) the foreman's books, which alone could show the names of those who actually worked on the boate, were kept in the office of the accused, and. with the exception of three, disappeared. The number of hours credited to Mens and * Walker was 769 ordinary and 250 overtime. Some of the *:ips were in the handwriting of Churchill, and others in Chisholm's writing. The defence efelled no evidence, and claimed that the Crown had not proved its case. JUDGE SUMS UPMr Justice Reed, in summing up, remarked that the particular class of crime suggested by the Crowu was not an unueual form. Usually it did not take the phase that was suggested an this case. The most, usual form was where a man was both timekeeper and pay-out man. In that kind of case the man holding the dual position might insert bogus names, record a receipt, and put the money in his pocket. That was the most usual, form the class of crime here alleged took place. In this particular case it was suggested that, they had someone in collusion with thim. The suggestion was that they made out a false pay-sheet, the confederate in the office would draw the wages, and the proceeds would be shared among them. It was the jury’s duty to examine the evidence and see whether the Crown had made out such a case as to carry the jury to a conclusion beyond ail reasonable doubt that this had been done in this case.

It had been suggested that two men giving the names of Walker and Wells might have gone along and got on the list of workers for the day, but never turned up to work. **Well, gentlemen, I don't know whether you consider this suggestion flattening to your intelligence—whether you think that such a thing could possibly, in any circumstances, occur." THfe VERDICT. After a retirement of over an hour the jury returned a verdict of not guilty on the ground of insufficient evidence. SIMILAR CHARGES. PREFERRED™AGAINST TIMEKEEPER. Similar charges -were preferred against Arthur Gibson Taylor'timekeeper of the cargo department of the Union Steam Ship Company. The amount involved was £l5O 18s lOd. Mr O’Leary appeared for the accused. Evidence was given by Captain Walton, Edward Cyril Smyth, and William Harms for the prosecution. The court was adjourned till today.