THE CHARGE AGAINST A. CARGILL

Otago Witness, Issue 2299, 24 March 1898, Page 9

THE CHARGE AGAINST A. CARGILL

THE ACCUSED FINED £20. At the Police Court on the 17th, before Messrs F. Mallard and W. C. M'Nee, J.P's., Archibald Cargill was charged with the theft of £2, the property of the National Insurance Comp?ny, on October 12. Sir Chapman appeared, for the company to prosecute, and Mr Sim for the accused, who pleaded &uilfcy. SI? Mallard : This is a private prosecution ? Mr Chapman: This prosecution is instituted by the company in which he was employed. Mr Mallard : It is not a police prosecution ? Mr Chapman : Oh, no. Accused was in the employ of the company for a great many years, and was discharged about a month ago, before the discovery of this offence. It was in going over the books that the deficiencies were discovered, and counsel was sorry to say that chat offence was not a solitary one. On going over the books the thefts were found to be systematic and extending orer some yaars. There had been no reason for suspecting the honesty of the accused till his cervices were dispensed with for other reasons. Under those circumstances the company could not overlook the tffence.*. Other informations were laid in respect of sums taken during the same month as that of this case. An investigation of the books showed that many more might have been laid both in reapecS of aubse- t quent) months and of prior months going back ) two or three year?. Theie were outside ths j ureaent charge, but it was bis duty to say that j that "was not a solitary offence. | Mr Mallard : The date of the offence is last j October. Go on, Mr Sim. Mr Sim said that dcubtless in fiiibg the j jifcalfcy their Worships would take into con- { aideration that theie were other defalcations, j bat he would like their Worships also to tofce Mr Mallard : By the way, what is the total amcunb of the defalcations ? Mr Sim : The amount is about £10. I wculd iiiifs your Worships to take into consideration the fact that the accused has been punished by fc<s having beeu dismissed from the company's 5 service and by bringing disgrace upon himself, j Mr Mallard : Is that all you have gob to say? I Mr Sim : All I have got to say. j Mr Mallard: Wh*t does the prosecution say? Mr Chapman r I merely call your attention to your jurisdiction in tha matter. It is limited to three months' imprisonment. Mr Mallard: AH that we .have at present before us is an actual offence of 40s. Do you «lect to withdraw the others ? Me Chapman : At present this is the case before the court. Mr Mallard : What does the prosecution intend to do with, the other informations ? He Chapman: I never heard such a question put to counsel before. Mr Mallard : What's that ? Mr Chapman : I can only mention the existence of those other cases bscause I am expected to state a"'l the circumstances to enable your Worships to fix the punishment. Mr Mallard : With all due deference, I must say I hays had some hundreds of cases of emfeezziement through my hands and I know wbafc lam doing. For auglit I know, there may be informations of a most serious nature before the .court. Mr Chanman : There is exactly one. Mr Mallard: Wbat doeß the pros;cution intend to do with the other informations ? Mr Chapman : I never heard of eueh a question put to counsel. Mr Mallard : Are you going to take the other informations in connection with this one ? Mr Chapman: Your Worships can defer sentence in this and take the others, if you like. Mr Mallard: It seems most extraordinary that one information Mr Chapman : I come here with seven. Mr Mallard: Very well, the ether seven informations will be taken. I asy nothiDg about conviction. Mr Caapman : There is no question of conviction. There is a plea of guilty. Mr Mallard : There is a plea of guilty. There are seven other informations, and I wirh to know whether you are going on with those seven informations or not ? Mr Chapman : If your Worship defers judgment in this case till I have gone on with them, of course I must go on with them. Mr Mallard : No, not necessarily. It is a private prosecution. Your informant can go into the box and say, " I decline to produce any evidence," and there's the thing at an end. Mr Chapman : That is not my view of his j duty. I Mr Mallard: Well —(after consulting with J Mr M'Nee), —my brother magistrate and my- | self do not agree on the point. Mr Chapman in j hi 3 opening alluded to seven informations. J Mr Chapman: Pardon me; not in my open- j ing; after conviction. Mr Mallard: Well, af!er conviction, you -alluded to seven other informations. I ask you ■what you are going to do with those seven other informations ? Mr Sim : The matter is a simple one. Supposing your Worships deal with this case and inflict a penalty, and the prosecution goes on with the other cases, your Worships can make the sentences concurrent. The reason that a number of charges have been laid is not that a series of sentences should be imposed. All the compauy wishes is that come sentence should ■foe inflicted. The Bench decided that the other informations should be read. Accused was then charged with stealing £1 on October 4-, £2 on October 12, £2 10s on October 15, £2 on October 18, 10s en October 21, and on October 28, 10s. Accused pleaded guilty in each instance. Mr Mallard : Have you anything further to say, Mr Chapman ? Mr Chapman : Nothing further. Mr Mallard : Mr Sim ? Mr Sim : Nothing further. Mr Mallard : The responsibility then rests •with the bench. There is a plea of guilty in each case. I would like something said about probation. Mr Sim : The act does not apply or else I ■would have made an application for probation. There is more than one offence. Mr Mallard: Ah, there's more than one ©ffeßCe, you see. Well, the court will,be adjourned for a quarter of an hour and the bench will retire to consider its verdict. On resuming, Mr Mallard said: The bench would like the informant to go into the witness box. Mr Chapman : For what purpose ? Mr Mallard: It's a question for the bench, not for you. Mr Chapman : I would like to know for «hal purpose. Mr Mallard : You can object to any quee! 'oi's When they are put. Mr Chapman: All I can say is tiiafc it ii 1 ' 'v very peculiar proceeding. H. B. Williams, manager of tiio JSfatioe-i Insurance Company, was then, calkjc*. He ..aid

that accused had been in the employ of the company for about 21£ years. Mr Mnll&rd : What was his position ? Witness : Chief accountant. Mr Mallard : Your confidential officer ? Witness : Yes. Mr Mallard : Now, Mr Chapman, you can object at any stage of the questions. (To the witness :) What character has he borne*up to the present ? Witness : A good character. Mr Mallard (to Mr Chapmau) : Have you any questions ? Mr Chapman indicated that he had not. Mr Mallard (to the accused) : The bench have giyeu your case every consideration, aud ifc was only after going into the thing thoroughly and carefully that we hava decided to take the step we are going to take. You have held for the past 21 years a very confidential position. Fortuaately under the whole circumstances the law, of which we are only the mouthpiece, gives us power to inflict a penalty. That accompanied with the position you have held and the good character you have borne, and the strong desire that boffa my brother magistrate and myself have of not sending anyone to gaol for the first time, we have drcided to inflict a penalty. You will be fined the full amount — £20, and the coet of the embezzlement £10 10s, with costs of court. The Clerk intimated that there were no costs of court. Mr Sim : That ia £20 for the whole of the exse?. Mr Mallard : We take all the informations as one. Mr Sim : The fines will bj apportioned over all the cases ? Mr Mallard : Very good. Is there any application to be made for time? Do you make an application for delay, Mr Chapman ? Mr Cbapman : I have nothing -whatever to do with is. Mr Sfua applied for time, and time till the following day was granted.