THE CHARGE AGAINST F. MAYHEW.

Taranaki Herald, Volume XXXV, Issue 7164, 7 September 1886, Page 2

THE CHARGE AGAINST F. MAYHEW.

At the R.M. Court, Blenheim, oa Friday, Augu6fc 27, Frederick Mayhew, described as of New Plymouth, schoolmaster, and Captain and Treasurer of: the Spring Creek Rifle Volunteers, was charged on the information of Lieut. Thomas Watson, of the same company, as follows : — That he did, on or about the month of: July last, unlawfully, fraudulently, and feloniously embezzle and convert to his own ase the Bam of £66 of the moneys of the said Spring Creek Rifle Volunteers. Mr. John Conolly conducted the prosecution on bahalf of the Company ; Mr. McNab for the defence. The Court was crowded. In opening the case for the prosecution, Mr. Conolly said that, although the accused was charged with embezzling £G6, •the Government capitation money, the total deficiencies were a much larger sam. It was not necessary to prove' whathe had done with the money, bat simply that ha had received various sums and had never accounted for them, though called upon to do so both before and after he left Blenheim New Plymouth. Evidence would be given to show that accused received , the capitation money, and also a balance, of £31 lOd. handed over by his predecessor in command, besides various sntns ; contributed by members of the company towards the cost of uniforms. ,The only, sum out of the last named receipts whioh accused had paid was a sum of £30 to Mr. Litchfield. It would also be shown that acoused had received £10 on account of a ball, but of which he had only paid between £2 and £3. He had also rebeived'a sum of £6 6s. 9J.,half profits of a 'concert given under the joint auspices Of the Blenheim and , Spring Greek Rifles. It would also be shown that he had received at least £3 oa account of fines from members of the Company. ' He left the , district' without furnishing an account of the moneys, although called apon. by the Company to do so, and without obtaining the' usual certificate from the Officer in command of the district, On the 22nd Jalv, after accused had left Blenheim, a copy of a report adopted by the Company was sent by Captain Rogers (acting in 'command of the district), with a request for explanation by the 3Cth. ' No explanation had been rcoeived, though some telegrams had passed between the parties. The only communication receivod from him was an application sent by accused to Captain Baillio, asking for six months' leave of absence. He_ Jeft -the district without leave, thereby, according to • the Rogula- ' tions, forfeiting his ooramiision. The following evidence, was oalled for the prosecution: — Charles Peake, formerly Captain of the I Spring Creek Rifles and Treasurer deposed that ho resigned about the 24th July 1885, ond Mr. Mayhew was appointed as his successor. He handed over to Mr. Mayhew a cheque for £31 10s on the 11th July 1885, and the account booka-of the company. Willian Hufcheson, teller, Bank of New Zealand, deposed that on tha 13th July, 1885, Mr. Peake's cheojue for £31 (produced) was cashed by Mr. Mayhew. Oa the 23rd February last a cheque for £66 15s, drawn by the Paymaster-General, and counteraiged by Major Baillie, was cashed by Mr. Mayhew. Felix Soper, Acting-Lieutenant in the Spring Creek Rifles, deposed that at a meeting cf the Company held on the 15th May, called by postcards from the accused, a resolution was carried, calling on tho Captain to furnish a report and balancesheet. So far as lam aware he has never done so. I paid accused £10 on account of my uniform. The officers paid for their own uniforms ia our company. I Thomas Watson, Lieut, of the Spring j Creek Rifles, stated I was gazetted on the I fi-st of October, 1885, Captain Mayhew being gazetted at the same time. I was aware of the Regulation providing that befo/e a Commanding Officer leaves the district he must obtain a certificate from the officer next in command. He never applied to witness for such a certificate, nor did he tender any books or papers, or supply aay list of property. He left Blenheim at the end of July. Witness was in the Bank when accused was receiv* ing money across the cojnter. He said to me he was cashing the Company's capitation cheque, but the worst part of it was he had to go next door (referring to Litchfield 's) and pay the greater part away. The total cost of tbs uniforms was £149, towards which accused paid Mr Litchfield only £20. Other amounts were unpaid which brought the deficiency to a seriously large amount. So far as could be ascertained the sums received by | accused amounted to £136, besides | smaller sums ' for ammunition etc. Besides the £66 and £31, I know of accused having received £3 for a fine at the conclusion of a parade towards the end of 1885. Acoused admitted to me that he had received £10 from the sale of tickets for a ball. He ■ said that all he had paid out of it was £1 7s 6i to tho Express and £2 2s to Mr. Trevithiclc. He had never accounted for the balance. Witness had taken proceadings under, instructions by resolution of the Company on the 10th August. 'There have been two parades since accused left. He was not present at them, nor did he forward any certificate to account for his absence, . ' ; . Mr. McNab said he held a certificate that Capt. Mayhew had beemattonding drills at Taranaki, so as to qualify for oapitation. The Adjutant for this district wrote to the Officer Commanding the Tnranaki district stating" that Capt. Mayhew wished to attend parades at Taranaki till the end of the year. Alfred Rogers, captain of the Blenheim Rifles, deposed that during Major Baillie's absence ho was, under tho Regulations, Officer Commanding the district. Mr. Watson handed him the Report on the I 21st July, and on the next day ho wrote an official letter to accused, enclosing a copy, nnd asking for an explanation by tho 30tb July. Ho considered it a matter that demanded immediate attention. He.got a telegram from him saying he had no time to write a reply, but would do so next week. The following week he got another telegtam saying prisoner had replied to Major Baillie. No other explanation or answer Jiud been received by him from accused. Witness was Officer Commanding the district when the accused left, He should have appliod to him for leave of absence, but he did not do so, Knowing that he was going away for good, witneis did not think he could have given him leave. He would not have given him leave without his obtaining a certificate that everything had been handed over. Walter Litchfield, agent for the New Zealand Clothing Factory, deposed that accused paid him £30 on 25th February lust. Ho had received no other moneys from accused. He had made no application lately to Mr, Mayhew for payment of this money. At the conclusion of Mr. Litchfield'a evidence tho accused was remandod till 11 o'clock on tho following morning. Mr. Allen, R.M, took his Beat at 11 o'clock on Saturday morning, an! tho following further evidence was called for the prosecution: — D. H. Baillie, Major in New Zealand Militia, and Officer Commanding tho Marlborough District, deposed that he counter^ signed the cheque for £66 (produced)! The \ oucher was signed by accused. The cheque was for capitation, markers' expenses at tho butts, etc. Since accused loft Blenheim witness had receivod n. communication from him except telegrams. Ho did not reply to the telegrams. Witness never gave the prisoner leave of abseaoe,

Thid concluded the- case, for the prosecution, and in nnswer to the usual cautioD, accused replied, "By advice of my solicitor I reserve my defence." Mr, MoNab said, it mnst not be supposed that accused had no defence, but he £Mr. McNab) waa prepared to take the entire responsibility of advising him to ■ay nothing now. The prosecution having been instituted by resolution of certain gentlemen whose names had been given, they would be held responsible for three proceedings, if it should turn out that accused had been wrongfully committed. His Worship Baid bis simple duty was to decide whether there was a prima facie case, and in his opinion there was. Accused must be committed to take his trial at tho next Supremo Court sittings in Blenheim. Mr. McNab said ho did not now ask for bail. Those gentlemen who had been the means of looking acensed up would only find that the damages against them were 1 ■welled. ' ■■■ The witnesses were then bound over to ' • appear nt the Supreme' Court, and the pro- £», ceedings terminated.