POLICE COURT.

Taranaki Herald, Volume XXXI, Issue 4465, 6 October 1883, Page 2

POLICE COURT.

Thursday, October 4. — Before C. E. Rawson, Esq., R.M. LARCENY OF A CHEQUE. Alexander Boswell surrendered to liis bail on a charge of having, on the 30th September, 1880, stolen a cheque for £41, the property of the Lighter Company. Mr. Pardy conducted the case, and Mr. Hutchison appeared, with Mr. Richmond, to defend the prisoner. [Continued from yesterday.] William Bennett, jun., deposed: I was clerk to the Lighter Company since 1881 to June last. When I went into office there were a ledger, day-book, and other bookß for 1880 in the office. The whole of these books were destroyed by the defendant and m,yself . We were going to move to another office, and the defendant said to me, " I think we had better destroy all the books that are not in use." The defendant made two heaps of the books — one heap he burned in tho office fireplace, and the other heap he gave to me to take on the beach to burn. The ledger and the day-book of 1880 were amongst the books 1 burned on the beach. I told Boswell that the Company had got the bank-book, and they found that there was a cheque entered in it for £41 that did not appear in the cashbook. He said he had bought the Rangatira together with Humphries and Watkins, and paid his share (£4O) out of his private money; also that he had agreed with some of the "chaps" that they were to land the cargo from the Rangatira and get half of the proceeds. When he got settled up with Humphries he had placed all the moneys to the credit of the Company, and this £41 was bis share of tho money he put down in the first instance in making the purchase.

Cross-examined : Mr. Boswell suggested that the papers and books were useless. I thought myself they were useless, and I carried out his instructions. There was no one but Boswell and I present when he gave me the orders to destroy the books ; but afterwards Mr. McGonnell came in and I told him that the books were to be destroyed. He picked out one of the books and preserved part of the unwritten leaves. He knew they were going to be destroyed, and he made no protest. The day before the drawer was opened, I asked Boswell for the key, and he refused. I told them that the other parties were going to burst the drawer, and he said, " Let them do so, and I'll bring an action against them." I never saw the drawer open where the cheque-books were kept unless Boswell was there. Boswell used to watch over tho cheque-book very closely. He did not act with regard to the cheque-book as most people would have done. Most people would have handed the cheque-book to me to put in the safe, but he never did so. He always kept the cheque-book in his own possession. I am not aware of Boswell having refused the other partners access to the books. was a system of halfyearly audit. Mr. Boswell and the auditor were tho only persons present. The books were produced, but the auditor could not refer to them except through Boswell. The auditors apparently had such confidence in Boswell that they never asked to see the books themselves. I did not tell Boswell in the presence of McLauchlan that I had suggested the burning of the books. Mr. Hutchison : Did you not suggest burning the books ? Witness : Boswell and McLauchlan came to my house the other day with a story I could not very well swallow. They tried to make out to me that I suggested about the destroying of the books. I never suggested even the removal 0f any books.

Re-examined : The auditors never saw the cheque book or tho bank book when auditing. The auditor checked the cash book to see that the balance in the Bank was correct, but they did not see the bank book. Boswell and McLauchlan came to my house on last Saturday evening. Boswell said, " You have been up to Mr. Pardy," and I said " Yes." He asked me what I'ardy wanted me for, and I told him that Mr. Pardy asked me about the books that were destroyed. He gave a laugh and said, " Well, well, those books were not worth a rap." I told him " I did not think they were, cither." Then McLauchlan said, "You know Boswell told you to burn those books. Couldn't you see that Pardy was bluffing you, and trying to get something of you ; and had 1 been you I would have taken tho train to Inglewood and been arrosted, and come on them for £1000 damages." Boswell said, "Yes ; you would have had two or three years' good living out of them." Boswell asked me if I had taken his letter press out of tho oflice, and I said " No." He said it was no use to him, and I might have it, but I was to keep it quiet from the Trustee. He spoke about this when ho first came.

William Humphries, deposed : I remember the Rangatira being wrecked on tho beach. J. Watkins, A. Boswell. and myself bought the wreck for £120. Each of us yaid £40, and we opened a bank account in our names. I arranged with Mr. Boswell that the boatmen should save the wreckage, and receive 50 per cent, of the gross proceeds, paying all expenses. One-half of the proceeds wns paid for landing, and the other half went to tho three of us, which we divided. Half tho proceeds amounted to £122. Cross-examined : We received a cheque from Boa well as his share of tho purchase money of the wreck. Tho gross proceeds were £214. Boswell received £G'J 10s. as the balance from the Customs. We supplemented that sum by £21 4s, and the balance due to tho Boswell Company for salvage was made up in expenses. We afterwards paid Boswell £40 us his own share o£ the profits.

William Bennett, sen., deposed : I used to audit Boswell & Company's books. 1 audited them from the commencement of the Company to December, 1881. I used to audit the accounts with tho clerk. The clerk would take the ledger and I would take the cash book to see if the entries corresponded. After we had finished this I would in'iko out the totiil takings, then I would examine the expenditure. The cheque produced for £41, drawn on tho Company's account iv 1880 does not appear in tho cash-book. 1 never got the bank-book nor the chequebook to examine. When I asked for them they were always locked up. I asked Boswell for the bank-book, but I did not get it. lie said that he had forgotten it, or it was not made up. According to the bankbook there is /i payment of £213 into tho bank, und on the same day that amount is drawn out. These sums are not shown in the cash book.

William lluntcr, Manager of the National Bank, New Plymouth, deposed; The cheque produced, drawn by Boswell and McUonncll, for £41, was duly honored at the bank and paid to Boswell'a account. There is a " pay-in" slip of 'Jtli October in Boswcll's handwriting. It is for £52, nnd it agrees with tho copy produced. Tho copy was endorsed on the buck, " Wreck, £40." Tho original has no such memorandum. Mr, Purdy; That in all the evidence,

r- Mr. Hutchison addressed the Court, contending that there was not sufficient evidence on his trial, ■yilis Worship dismissed the case. Alexander Boswoll was then charged with obtaining the signature of M. Mcfionnell to a cheque for £37 ; and also for the larceny of a cheque. These cases were adjourned until Friday next.