LAWYER'S LAXITY-LAW CLERK'S LOOPHOLE

NZ Truth, Issue 1148, 1 December 1927, Page 9

LAWYER'S LAXITY-LAW CLERK'S LOOPHOLE

JURY RECOMMENDS MERCY IN FINDING VERDICT OF GUILTY

(Prom "N.Z. Truth's" Speolal^Jhristchurch Representative.)

Samuel Briggs Delivers Scathing Attack On Business Methods of Barrister Cracroft -Wilson

FOR Briggs, as a result of his misappropriations from the Slmmonds

estate, the affairs of which were handled by the firm, brought a goodly measure of publicity on Wilson's business. ,-■ i < Briggs misappropriated from the estate £387, faced a jury last week and was found guilty of the crime. ' Incidentally, he dragged into the light of day some startling 'admissions from^his'former as to his methods of running his office. '.. ,"N.Z.- Truth" has already told the story of the case as outlined m the lower oourt, and there was little further evidence elioited when Briggs faced Judge and jury. During his twenty minutes under cross-examination by Briggs, however, Oraoroft Wilson had a most uncomfortable time of It. - \ x ßrigga did not spare his former employer, and some 1 of the questions he asked were needle-sharp m their polntedness. The accused had failed to pay m to the credit of the estate certain money which had been handed to him for the v .purpose of paying off mortgage payments and other liabilities, and the startling confession was made by Wilson that he knew very little about the affairs of the estate as he had left the whole thing to Briggs. "Now," asked Brlggs, "have you got the offloe receipt book m court?" "No," was Wilson's reply. Brlggs: Well, I would like to sea it, seeing/ it was the only book there was m the offloe. Was there a cash book? —No. /' '. , .Was there any petty cash with which to pay fees?— Often. How was the work divided?— Well, you, as an expert clerk, had certain work, to do and I alio had , , certain work., You used to oomei to the offloe when you liked and leave when you liked. Is the receipt book here? — No. • Were .there. any books 7— Enough to make the memoranda qorreot. You knew my circumstances; that I had a wife and six children? — Yes. And. I was getting one-third of the profits?— -We have said that. Did my share come to £1 per week? At this stage his honor interrupted with the remark that he could not see how this line of questioning achieved any other purpose than to waste time. It could hardly affect the question before the Jury. . »

Brlggs said he wished to 'show the

\tyHEN IValdegrave Cracroft Wilson, Christchurch barrister and well-known throughout social circles m f the city, listened to the pleadings of Samuel Phoenix Briggs, a law clerk, and agreed to take him into his office on a basis of sharing m the profits, he probably did the worst day's work he had ever done. -

system and methods oeiying money m th and desired ' that b< produced. , His Honor; What were there? The Crown Prosepi T. Donnelly) : There memoranda book fron the accounts were audited, but it is not available, Briggs then continued • with his cross - examination of Wilson. "What sum was collected m the office during the year?" he asked. small, unfortunately for me," Wilson replied. Briggs: All trust monies were banked? — Yes. All? — Praotioally all. In one oase there was a speolal arrangement.

, And what was that arrangement? — In sohie cases I would collect, say, £5 m costs, and I said: 'You lend ms £4,' and it was always agreed to. All trust monies were banked? — T««.

But not always? — Then by arrangement, ' udge again Interposed the remark that much questioning: was quite ant .to the charge, , •s: I wish to show, onor, how trust monies pplied after they were 1 received m the office. The aooused then addressed himself once more to Wily son. '* "Do you deny that things In the office were most lackadaisical?" h e asked. "Well, you were an able clerk And were \ supposed to help.* Briggs: The sum ef £100 costs In the Slmmonds estate was a large one? Did I have any of it? — You did; you suggested £140 octets m the

eßtate. , ' Was the business paying?— l suppose I was running at a loss. Did you lay the information with

the police? — No; I did not even know it 'had been laid, although that is what you are harping on. , ' I did not see the police at ail and tried to help you m every way. Oh, you tried to help me m every way, did you? — Yes, I did; the first person who told me the £337 was gone was a friend of yours, a man na,med Burrows. When I heard about it I nearly fell off my perch. ■ Were certain costs paid to you outside the office? — Not that I know of. , In his address to the Jury, which was. both plausible and somewhat eloquent,. Brtggs had a good deal to say about Wilson. Although he (Briggs) was not blamoless, he said, there was some exouse for him, he urged. He regretted haying to take up the attitude he had towards Wilson, but it had been forced upon him. '" v It was only fay going Into -th« details of the office affairs that he could disclose the position arising out of the carelessness, muddle and '. general lack of system on the part' Of Cracroft Wilson and Brlggs himself. / iHe had six children to Ijeep, had no permanent employment and every day Cracroft Wilson was coming into the office asking for money. There-was £600 of book debts (assigned by Wilson to his creditors) and of that sum Briggs maintained he was entitled to one- third of it. \ "I had to go home at night and find the children without food," said Briggs, "and if the coSts had been got m I would have had £ B a week to live on. I took the money and used it, but It was 'not deliberate theft. The jury returned a verdlot of guilty, but on account of the conditions under whloh the acoused worked and the general laxity m the office a strong- recommendation to meroy waa added. , On admitting Briggs to three years' probation, hia honor expressed the view that the Jury had quite probably been impressed by the speolal circumstances under which the aota were committed and the gambling might have been explained by those circumstances. , . In - view of the jury's # recommendation to mercy, and m consideration of all the facts elicited, his honor said he proposed to give the prisoner a chance to make good. The probationary period would be subject to the conditions that he took out a prohibition order and abstained from gambling;