ALLEGED EMBEZZLEMENT.

Star (Christchurch), Issue 6068, 26 October 1887, Page 2

ALLEGED EMBEZZLEMENT.

Committal for Trial. At the Police Court thiß morning, before F. E. Wright and R. H. Wood, Esijs.. Archibald Mallocfc was charged on remand "with embezzling the sum of £5 on May 28, £5 4a on June 11, £4, on Feb. 1, and £7 7a 6d on April 9, 1887, moneys the property of the Singer Manufacturing Company, Christchurch. Mr A. D. Stone appeared for ithe accused. Samuel Bobinson, General Manager for the Singer's Manufacturing Company : Witness resided at Wellington, the headquarters of the Company in New Zealand. The Company waa registered under the Foreign Companies Act. Witness put in the deeds of incorporation of the Company. Tho Christchurch branch was at 144, Colombo street. The accused was appointed as manager of the Christchurch district office by power of attorney. Accused.waa paid by salary and by commission on the cash remitted to Wellington, after paying all expenses. It was the duties of accused to sell their machines, appoint agents for doing so, and to receive moneys in connection with the business. It waa until February of this year the duty ot accused to keep the books. After that, they took the books away. He still, however,, kept a cash-book, a copy of which waa sent every week to Wellington. In the sale book produced he should have entered everything sold. He had also to enter all amounts received by the collectors daily in the cash book, and 6end the slips written by the collectors to Wellington, where tha entries were made in the books. Accused had been paid his salary np to the Saturday before Sept. 3. He (accused) was sus« pended about that time. On May 28, by referring to the eale3 book, witness could not find any entry of a sale to Donne, Taylor and Company, and could not find an entrj on June 11 of £5 43. Neither of these amounts have ever been accounted for. On Sept. 3 witness balanced the cash and found about £53 ls short. Accused was present then, and did not seem to be able to account for the amount, though he gave a written statement acknowledging that he was ***hat amount short. To Mr Stone : Did not use any threat to accused to make him sign the acknowledgment of the deficit. Witness merely pushed the paper across the table to ac cueed, and asked him to do so. . To Mr Pender 7 Accused saw him writ* it. Witness went to Wellington and -re: turned to Christchnrch about Sept. 27; and again saw accused about the • business] j though there was little said to accused then. Messrs Thompson and Stafford were present. Accused was then asked bj witness if there were any more cases Accused acknowledged that there was on-j more, that of Donne, Taylor and Co. He ad< mitted that though it was in the Company'-* books as on approval, that it had been paie for in two amounts. Shortly after this accused went through • the books ■ by himself, and from data provided bj accuged witness made out the atateulen-J of moneys received (produced). Accused stood by whilo witness wrote this, an^ then signed it on Sept. 20. The state ment showed the sum of £48 Os 6d, i_ addition to the £53 Is, as having beet received by Mallock and unaccounted for and was so acknowledged by him in writing Accused had to forward through the Basi of New Zealand the amounts received by him less expense*., and forwarded a Btate ment with the money. To Mr Stone : The bond had been eatis; fied. But all money due by accused hat not been satisfied. Witness* Company were not prosecuting. The bondsmen di. not force witness to prosecute as a condition for payment. They wished him ti! do so. William Thompson, sworn, said hecarriet on business as grocer and baker in Colomb) Btreet. Witness signed a fidelity bond fa £100 on behalf of accused to the Singe?. Manufacturing Company. This was whet accused entered on his duties. Mr Stafford was one of the guarantors. Witness ani! Stafford were both present when accusee was met by Mr Eobinson at his office on{ day, about Sept.- 27 or 28. Witness askei if there was any further amount beyont the £53 Ib about which witness had notic. from the Company? Accused said ther' were others, mentioning Donne, Taylor an. Co. for about £'J or £10. Witness laid th' information. ; To Mr Stone : Witness waa summonet for the £100 of the bond. Witness sa*.' the accused before he paid the money. Hi believed he told tbe accused's son that i he didn't have all the money he woulij prosecute. If a man named Dunbar wen to see Mallqck's son on Saturday on th matter, he did so without witness authority. Accused was witness' brother in-law. The money had never been offeret to witness. It was all he wanted. Martin Brown, said he was carrying oi business with Evan Evans, in High street under the name of the "Don Tailor.* Bought a Singer sewing machine from th' shop in Colombo street. E vans bought th/ machine for the firm . it cost £10 4s. Oi May 28 paid £5 on account to accuse? (cheque produced) in witness' shop. Th] balance was paid by cheque to accusee on June 11 ; the amount was £5 4s. Harry Daniel Hinge, clerk in the Nationa Bank at Christchurch : Evans and Browi kept their account at the National Bank The two cheques produced, were cashet over the counter ou May 28 aud June ll respectively, witness could not say fc' whom. Maurice O'Connor, detective statione* at Christchurch : Arrested the accused oi Oct. 21 on the warrant produced. He said " J believe 1 got those cheques." Mr Stone objected to this going down, a prisoner had not been cautioned. The evidence was taken down, with t note of the objection. Mr Stone asked that the accused be dis charged, as it was an attempt, by one d. the sureties to obtain a civil remedy b^ means of a criminal action. Thompsoi admitted that all he wanted was his money and that if he had obtained it he would no have prosecuted. The whole objeot of th proceedings was simply to obtain for th bondsman the amount of his bond h\ means of a oicVinal prosecution, instead o, a civil action. Fe would ask that th! case be dismissed. Mr Pender quotei. the Justices of tht Peace Act to show that no objection could ! bo taken to the proceedings. The accused was then committed to. trial, reserving his defence.