SUPREME COURT.

Timaru Herald, Volume CXXV, Issue 18202, 1 March 1929, Page 9

SUPREME COURT.

WEST COAST BUSINESS. By Telegraph—Press Association. GREYMOUTH, Feb. 23. At the Supreme Court Denis Costello was charged with having on various dates between April 8, 1928 and August 22, committed theft on the following cheques, which were in his possession in his position as a clerk to the Grey County Council: —£4, £2S 14s 6d, £4 16s, £lO7 19s 6d, £25, £lO, £3O and the amount of £72 12s 3d. Mr C. S. Thomas of Christchurch, appeared for the accused, who pleaded not guilty. Mr F. A. Kitchingham, Crown Prosecutor led tho evidence of William Ross McCullough, Government Auditor and Michael Keating, County Clerk, to show that accused’s duty was to receive all monej’, and account for it, and pay it into the bank. On August 22, McCullough, on the annual audit found a shortage of £72 12s 3d. no explanation of which was forthcoming. The auditor later found that 6even different cheques had ccome into the office but no entries had been made of the money in the cash book. The position was the accused took the cash from his cash box and put in a cheque for the amount. He did not enter a receipt. Nobody else could have responsible as he had the books. The cheques had been traced to his possession It was not alleged that accused stole the cheques, as they were paid into the cash box. and into the bank, but that he abstracted money from tho cash box, for which he should have accounted. Witnesses were called to identify the cheques in question.

The auditor deposed that on a previous visit he pointed out to accused and the county clerk that the money should have been hanked regularly.

The county clerk. in evidence admitted that he may have trusted accused too much.

! Mr Thomas, for the accused, called |no evidence, hut argued that there j was evidence of lack of sufficient supervision and said the office was not run strictly enough. The Jury after a iO minutes’ retirement, acquitted the accused. Harold Williams Hudson was charged! that on November 3. 1928. he attempted to break into Die shop of Walter Scott and Oo ; , Greymouth. with intent to commit a crime, and on same date wilfully attenuated to set fire to the premises of Walter Scott and Co. Defendant pleaded not guilty. Evidence was called by the Crown to show that early on November 3 last accused broke a window’ at the rear of the premises and attempted to set fire to tlm building. Defendant’s counsel Mr W. P. McCarthy, said that the intent either to thieve or set the place afire was denied, as accused at tho time was under the influence of liquor, and thus did not know what he was doing. -Affn r p minutes retirement the jury found a verdict of not guilty. GREYMOUTH. Feb. 28. At the Supremo Court to-day tne Crown Prosecutor stated that he hart been authorised to apply for a nolle prosequi w : th regar f ] to the two remaining ind otments of theft against Denis Costello. The application was granted, and t.he accused wiu discharged. Joshua Thomas Carym. on n charge of indecent assault, received reformative detent'on not exceeding two Alexander Cams, for bigamy, got twelve Tuon+h’c imprisonment. Frederick W’ll’nm Bennett, received twelve months’ imprisonment.