CHARGE OF THEFT

Southland Times, Issue 21265, 11 December 1930, Page 14

CHARGE OF THEFT

CITY COUNCIL DEBENTURES. SAID TO BE GIFT. (Per United Press Association.) Wellington, December 9. At the last criminal sittings of the Supreme Court in Wellington, Victor Alfred Smith, an electrician, of Wellington, stood trial on a charge of the theft of 13 City Council debentures, the property of the late Martin Byrne, who, for a month prior to his death, occupied a room in Smith's house at 70 Tory street. The jury, however, disagreed and a new trial was ordered. To-day other proceedings were, taken against Smith in the Supreme Court, before the Chief .Justice (Sir Michael Myers). A declaration was sought that,.-.- the Public Trustee, as executor of the estate of .the deceased, is entitled to the possession of the debentures and the interest coupons in respect thereof or their proceeds as part of the assets of the estate, the order for 11 debentures and the outstanding interest coupons held by the police to be delivered to the Public Trustee and judgment for £221 5/5 as the amount received by Smith for two of the debentures and the interest coupons cashed by him. The defendant, Victor Alfred Smith, said that he had known Byrne as a passing acquaintance before he took the room. That was when witness worked for the City Council. Smith referred to little kindnesses shown to the deceased while he was at the house. On May 7 Byrne was rather ill. Byrne asked for an envelope, which was in a certain drawer, and, after it had been handed to him, he said: You take this, Vic., and, if anything happens to me, keep it. Smith said that he had obtained a legal opinion about the gift and Mr Macassey had suggested to him that that was all the more reason why he should have been candid with the Public Trust officals and the police. The case is proceeding.