SOLICITOR'S ALLEGED DEFALCATIONS.

Oamaru Mail, Volume XVIII, Issue 12119, 22 December 1913, Page 1

SOLICITOR'S ALLEGED DEFALCATIONS.

Pes Press Association. Pnlmerston North, December 20. Oliver Noel Gillespie, a Feilding solicitor, appeared in the Magistrate's Court this , morning on eight different ch'aiges of, having' received sums and. fraudulently failed to account for the same, thereby committing theft. The total involved is £10,136 18s lOd.

Mr-Cooper appeared for accused and Sub-Inspector Marsack for the'police. The amounts involved were £I7OO belonging to the Trustees of the estate of Jariies Vile, £270 for Samuel C. Andrews; £4OO for Edward Smith, £1475 17s for Charles 1). Snow, £1991 Is JOd for Frank Garry, £IOOO for John M. A'Conrt, £2500. for Geo. Dear, and £BOO for James Ryan. Tlie whole of the charges were taken as one. -

1 Inspector' Marsack stated that the accused...being a partner in the firm of ' Prior and Gillespie, solicitors, received monies either for investment or distribution to beneficiaries. After accused, went away to Sydney he wrote stilting that he intended coming back to give himself up. A couple of days ago he icalled at the police station when a statement was read over to him which ■would be put in. '{■ Jatnes Vilft. .farmer,, or Apiti, stated that he was a.trustee in the estate of the'late .Jas. Vile, which was placed in rthe hands of Prior and Gillespie for i administration. The property was ;.si)ld and the proceeds were left in the ihands of the firm. When the estate was wound up the money was to come ;to the> beneficiaries. Witness called on ■accused many times to ascertain if certain legacies had been paid, but £I7OO, • a portion of the estate, had' not been /accounted for. About August 16th witness called on Gillespie, wiio said certain matters had been referred to a Wellington solicitor, and he had not ; vet received the costs back. On September 22nd witness and liis solicitor went to accused's office and found ho" had disappeared. Gillespie, in his statement, after ad- ■, mitting each charge, said that he de- i sired- to. state that personally he had I not; received or used any of the monies j Tpr his own benefit. The monies were iised' to pay other creditors of the trust ■account,, whose monies were lost by •carelessness or neglect. He concluded .that it was hopeless for him to state how the. muddle into whicli the books aot; had. arisen. It had.-seriously affected'his health, otherwise lie felt sure ;he should not have left New Zealand. Later on, when in Australia, he realised that his prop?r course was to.come back and his best assistance to the Official Assignee ifi connection with the bankruptcy. He came back entirely of .his own accord, and without any outside pressure.

AfCMised, i having pleaded guilty, he was committed tor, sentence to Wellington on Tuesday. Bail was refused.,