ABSCONDING WHILE ON BAIL.

Otago Witness, Issue 2928, 27 April 1910, Page 12

ABSCONDING WHILE ON BAIL.

A. MAGISTRATE'S DISCRETION, CHRISTCHURCH, April 20.

Ernest Philip Berlyn, who was committed lor trial on a charge of having ; fraudulently failed to account for £57 ! 176 to F. H. Labatt. the property of ■ shearers at W H. Acton Adams's Molesj worth Station, and who was remanded I to appear at the Magistrate's Court to- | day on a charge of stealing £23 3s Id, ■ the property of W. H. Acton Adams, j failed to appear. Accused had been the j book-keeper at Molesworth Station, and I the evidence given in support of the I charge on which he was committed for : trial was to the effect that he had been ; paid certain moneys by the shearers on i the estate, and this should have been t forwarded to F. H. Labatt, to be placed tto the shearers' credit. Mr Labatt stated j that he' had never received the money. The manager ol the estate, who had been ' anxious respecting the money, asked accused to wire Mr' Labatt about the i matter. Later, accused, who had charge j of the telegraphic communications, showed * the manager a telegram purporting to be i from Mr Labatt, at Christchurch, stating that an acknowledgment of the money had been posted. The Telegraph Office could not find any trace of the telegram being sent from Christchurch. Mr Labatt stated that he did not send . it. The bail allowed in this case was £IOO, which accused's brother paid in cash. • Last Wednesday he appeared at court I on the second charge, and as the oolice j were not in a position to go on with the 1 charge a remand till to-day was asked , for and granted by Mr T. A. B. Bailey, I S.M., accused being allowed bail on his own recognisance. This morning counsel ! explained that on Saturday he received I a telegram stating that accused had gone to Blenheim in order to make inquiries at Molesworth Station relative to the charges. He instructed accused to report himself to the Wellington police, and a telegram should have been received at 10.30 this morning if he had done so. He suggested that the case should be allowed to stand down till inquiries were made. "Apparently," he added, "the bird has flown." The case was brought before Mr H. W. Bishop, S.M., this afternoon. Chieldetective Bishop said that accused was remanded to appear at court that morning, but he had failed to do so. On Wednesday last he (the chief-detective) explained the facts to Mr Bailey, and said he had ascertained that the deficiency would be about £2OO, and that substantial surety should be granted. He told the magistrate at that time that he would be held responsible if accused failed to ap,pear, but the magistrate, after hearing counsel, granted bail on accused's own surety. There was one surety of £IOO as far an the case on which he was committed for trial was concerned, but no surety in this case. The Magistrate : Accused's surety is worthies?. " The Chiet-detective said accused had been seen in the North Island. He suggested that the magistrate should issue a warrant for his arrest. The, Magistrate ordered a warrant to issue, and said Miat in these cases the magistrate exercised his own discretion as to bail, and it was not a subject for remark by anybody.