TRUST MONEYS.

Otago Witness, Issue 3339, 13 March 1918, Page 36

TRUST MONEYS.

DEFICIENCY ALLEGED. INVERCARGILL, March 6. At the Supreme Court Herbert A. Macdonald, solicitor, was charged with converting trust moneys amounting, to £1042 to usee not authorised; also with failing to account for two other sums. The accused conducted his own defence, and pleaded not guilty. The Crown Prosecutor stated that the accused failed to have his trust account audited, and was fined. As a result of a subsequent audit the deficiency was disclosed. Accused had stated that he would repay the money in two years, but there was not the slightest chance of his doing Tho accused, who conducted his own defence, said that moneys wero received by the firm of Macdonald and Tipping. The latter was now at the front. Tipping, as partner, was equally responsible. The accused denied intention to defraud on the part of the firm. He thought it hardly fair to judge him in Tipping's absence. His Honor said it was not so that if the jury condemned the accused it was condemning Tipping' also. At tho end of September the position was that the firm had only £l7 17s od available for the payment of £1042, and all other trust moneys. Tho money had been drawn out to meet the general expenses of the business and of tho partners?. Tho jury found the accused guilty on the first two charges and not guilty on tho third. The accused pleaded jfuilty to two further ohsrcfPs involving sums of £2O 8s 9d and A sentence of throo years' hard labour on each of the charges was passed, the sentence to ran concurrently.