ALLEGED MISAPPROPRIATION BY A SOLICITOR.

Taranaki Herald, Volume XXXV, Issue 6959, 8 January 1886, Page 4

ALLEGED MISAPPROPRIATION BY A SOLICITOR.

At the Eesident Magistrate's Court, Wellington, on Monday, Edward Shaw, solicitor, was charged with having, on the 15th November, 1884, converted to his own use a cheque drawn by Alexander McMinn, of Palmerston North, for £83 2s. 2d. for a special purpose. Mr. Jellicoe appeared for the prosecution; and W. T, L. Travers for the defence. Mr. Jellicoe said the circumstances were shortly these :—ln: — In the year 1884 Mr. McMinn, with a Mr. McKelvio, both of Palmeißton North, were sued in the Supreme Court by Mr. Russell to recover damages for libel. The action was tried at Wanganui, Mr. Shaw appearing for Mr. McMinn and Mr. McKelvie, with the result that the latter had to pay Mr. Russell's costs. Prior to the taxation of the costs of Messrs. Izard and Bell, who appeared for Mr. Russell, Mr Shaw had sent in his bill to Mr. McKelvie. .He (Mr. Jellicoe) would show that at the time the costs were taxed Messrs. McMinn and McKelvie did not owe Mr. Shaw a penny. Out of £44 10s. Mr. Shaw had received £32 on the 12th October, 1884. On the Ist oC November, 1884, Mr. Shaw attended the taxation of the costs of Meesrs. Izard and Bell, and the Registrar had allowed £83 2s. 2d. Mr. Shaw wrote to Mr. Hawkina, who waa the Palmerston agent for Messrs. McMinn and McKelvie, asking that a cheque for the £83 2s. 2d. should be forwarded, together with the

balance of £12 10s. due to himself. On the 11th of November. 1884, Mr. McMinn Bent a cheque for £83 2s. 2d. to Mr. Shaw. That letter was accompanied by a letter from Mr. McMinn to Mr. Shaw, directing him to pay the £83 2s. 2d. to Messrs. Izard and Bell in settlement of their taxed coats. Oh the 15th November, 1884, Mr. Shaw telegraphed to Mr. McMiun that the cheque had arrived safely, but that the other document — meaning a promissory note for £12 10s., the balance due to himself — had not been received. Instead of handing the cheque for £83 2s. 2d. to Messr3. Izard and Bell, Mr. Shaw had paid it to his own account at the Bank of New South Wales, his account being overdrawn at the time, and what remained after squaring his own account was quickly drawn out and given in cheques to others. On the 18th of November Mr. Shaw telegraphed to Mr. McMinn — " Kindly forward, that matter may be completed "—" — referring to the promissory note, Mr. McMinn sent the promissory note at once. It was drawn at three months after date, and was made payable at the Union Bank, Palmerston North, on the 15th of March, 1885. From time to time Messrs. Izard and Bell had applied to Mr, Shaw for payment of the money. Mr. Shaw made various excuses — to the effect that he had communicated with Mr. McMinn ; that Mr. McMinn had some difficulty in raising the money ; and that he (Mr. Shaw) would get the money from Mr. McMinn, and pay them. On the 10th of January, 1885, Mr. Shaw acknowledged the receipt of the promissory note for £12 10s., at the same time telling Mr. McMinn that the costs were so high, in consequence of the too liberal expenses allowed by the Registrar to the j witnesses, and telling hi.n that he had j better show the bill of costs to Mr. Hawkins, who would explain everything. In November, 1885, Messrs. Izard and Bell, failing to get a settlement from Mr. Shaw, communicated with Mr. McMinn, giving him to understand that their bill of costs for £83 2s. 2d. must be paid, or execution would be taken out. Mr. McMinn wrote to Mr. Shaw, and received a telegram in reply, " Costs still to your credit." Mr. Izard meanwhile had several times endeavored to see Mr. Shaw, but was put off with various excuses, being told on one occasion that he was so ill, the doctor had given orders nobody ■was to see him. Mr. Izard telegraphed to Mr. McMinn, stating that he could not get the money, and threatening execution unless a settlement waß made. Messrs. Izard and Bell wrote to Mr. Shaw, telling

him they had ascertained that he bad obtained the money so far back as November, 1884. Mr. Shaw replied, "Yes, I did get the money, and placed it to your credit on my books." He (Mr. Jellicoe) had Mr. Izard's authority for stating that there was not a penny owing to big firm at the time to Mr. Shaw. Mr. Wardell : I presume there are contra accounts kept between the firms. Mr. Jellicoe would rather say not. Mr. McMinn had to arrange with Messrs Izard and Bell that he would see their claim settled, and there was no alternative left but to enter into the present prosecution. It waa obvious that the money had been sent by Mr. McMinn to Mr, Shaw ; that Mr. Shaw kept the money and paid hia own debtß with it ; and that Mr. Shaw had not paid the money up to the time of the proaeculion. It would be his (Mr, Jellicoe's) duty, much as he might regret it, if the evidence bore out the facts he had stated, to ask for a committal, Alexander McMinn, the prosecutor, was then called, but did not appear. A telegram from Mr. McMinn was, however, received in Court by Mr. Jellicoe, which he proceeded to read: — "Just received telegram from Mr. Shaw, stating that had settled with Izard and Bell "— — > Mr. Travers objected to the reading of the telegram; Mr. Jellicoe said his instructions were to go on with the case. Mr. Travers objected to the Court receiving any information second-band from Mr. McMinn. Mr. Wardell: I must have some evidence. I cannot understand the absence of the informant. He knew the case was coming on to-day, and his absence ennnot be accounted for by any telegram received to-day, as he ought to have been in Court at 10 o'clock to-day. Mr. Travers had no objection to a remand. Mr. Jellicoe asked that some formal evidence might be taken, as some of the witnesses were in attendance from Palrner»ton North. Josaph F. Clapperton, acting manager of Union Bank of Australia, Palmerston North, gave evidence as to the cheque being cashed, and in answer to a question put by Mr. Travers said, the endorsement on the back of the cheque, "Credited to trust account," witness did not know anything about. .Mr. Travers said he thought it right to state that his client had a receipt ia bis possession from Messrs. Izard and Bell for the money. Mr. Jellicoo said that Avas tho first intimation ho had of it. It must have been dated that day. The case was then adjourned by consent till 2 p.m. on Friday. Bail was allowed in two sureties of £100 each.