CITY POLICE COURT.

Otago Daily Times, Issue 19261, 27 August 1924, Page 11

CITY POLICE COURT.

Tuesday, August 26. (Before Mr J, R. Bartholomew, S.M.) Alleged Vagrancy.—A young man. who was undefended by counsel, and who pleaded not guilty, was charged with being deemed to be a rogue and vagabond, within the meaning of the Police Offences Act, in that ho was found by night, without lawful excuse, in the enclosed garden of Mr George J. Markby at 1560 High street. — Senior-sergeant Mathieson, who represented the police., asked for a remand for a week. The Senior Sergeant said the man was what may bo described as a “Peeping Tom.” ft" the remand asked for were granted it would probably be found that accused could bo identified with other offences. Ho was an immigrant, and very little was known about him. —Accused did not, oppose the remand, but asked that publication of his name bo prohibited.—The Magistrate said he would grant a remand until September 3, and ho would order that accused’s name bo not published meantime. Alleged Theft. —Alexander Robert Kennedy was charged on remand with having, on or about April 7, and on various other dates between that date and August 7, being a servant of the New Zealand Government, stolen £72. in money while in his position ns an officer of the Government.— Mr W. G. Hay appeared for accused, and Chief-detective Lewis represented the police and asked that the information bo amended to £Bl 10s 6d instead of £72.—This was granted by the court.—John Porteous Rutherford said that he was an auditor attached to the Government Audit Department, Dunedin. He knew the accused as Registrar of Births. Deaths, and Marriages at Dunedin. In consequence of instructions received from his head office at Wellington he went to accused's office on August 19 to make an audit, but prior to this he received a message that accused wished to see him at the police station, and he acceded to the request. Accused said he had done wrong, and handed witness a list of numbers of marriage entries, the fees of whieh he said would he found missing. Accused’s list totalled up to £7B 15s. Ho examined the hooks and found that the list he had received was substantially correct, the actual shortages being £Bl 10s 6d. The extra amount, consisted of marriage fees and £2 in passport fees, which should have been accounled for. The books showed that the numbers had been delayed. The n urn belts ran consecutively, He found that no attempt had been made to “fake” the books. The largest amounts taken on a single date were £6 15s taken on July 16. There were five separate items in this amount. On July 4£57s 6d was taken. The first, shortage occurred on Juno 27 1924. and the last on August 12. 1924.—T0 Mr ITav; lie had audited the books on three separate occasions. Everything was nuito satisfac tory on those occasions. There wer° ore or two trifling accidental omissions. When accused handed him the list of £7B 15s ho also said there was £2 for He kept a complete and careful list of everything he had taken. The marriage certificates were quite in order. It was his duty to have paid those ipto the public account, but he had deiaved doing so. Each marriage certificate had its own number. Instead of paying in the fee for each marriage promptly ho sometimes deiaved doing go for a fortnight. He had known accused since ho had been in the Government service, which was 21 years, and ho was surprised to hear of his defalcations. He had always known him to bo a thoroughly reliable officer. The defalcations were certain to be discovered on witness’s next audit. A mere casual inspection of the books would nave disclosed the shortages.—Detective Beer said that about 9.45 a.m. on Inst accused called at the detective office and said he desired to give himself up for embezzling Government moneys _ He was then in a very nervous condition. Ho said ho had been worrying a great, deal. Accused, described how he had on two separate ncasions attempted to take his life, but the thought of his wife and family prevented him carrying out the intention, lie handed witness four nea rifle oartrirtees. Witness talked the matter of the defalcations over with accused. At that timo the matter had not been reported to the police. Witness read over a statement to the court in which accused said that he had suffered a great deal through illhealth.—To Mr Hay: Witness knew from his personal knowledge that accused had had a lot of sickness in. his family. He was in a very nervous state when ho called at the police station to give himself up. He was just on the verge of collapse. He was worried about the beginning of (ho year. Ho approached witness about the beginning of February.- He seemed fo have the impression that he was not being altogether rightly treated by bis department, and he asked witness that in the event of the Police Department being appealed to as to bis ability to carry out his duties that it would stand by him. He was certainly very worried over the matter.—This concluded the taking of evidence.—ln reply to the usual question, Mr Hay. for accused, said ho acknowledged the offence, and pleaded guilty. Accused wag then formally committed to the Supremo Court for sentence. —Mr Hay made application for accused’s release on bail. He said that on the last occasion he (counsel! did not apply for bail, as he did not then think that ncused was in a fit condition to bo released. His health had, however, so improved that his friends felt justified in asking for his release. In this connection counsel mentioned that when accused was resident, in "Wellington he had a very serious illness as the result of a nervous breakdown, and he felt that his present condition was also due to a nervous breakdown. He thought there should now be no apprehension regarding accused’s frame of mind.—The Magistrate said he did not feel disposed to grant bail. Ho understood that his Honor Mr Justice Sim would be back from Invercargill on Thursday, in which case the matter could be disposed of this week. If there were likely to be a delay Mr Hay could renew his application for bail.