SALESMAN DENIES CHARGES OF THEFT

Star (Christchurch), Issue 19154, 21 August 1930, Page 9

SALESMAN DENIES CHARGES OF THEFT

DECLARES THAT MONEY RECEIVED WAS POSTED

Whether or not money received for the sale of bonds had been posted was the question involved in a criminal case heard in the Supreme Court to-day.

Lionel Charles Burke (Mr Bowie) denied three charges of having received sums of £43, £45 10s and £43 respectively in terms requiring him to account to the Australian and New Zealand Investment Company, Ltd., for it, and with having failed to do so.*Mr Justice Adams presided. Mr Donnelly prosecuted and Mr Bowie appeared for the accused.

Mr Donnelly said that the accused was engaged as a salesman of hemp bonds. Buyers of these bonds paid their money and received a certificate stating that they were entitled to a certain area in flax. The South Island selling arrangements were altered and the accused lost his position. However, he retained some of the literature and receipt forms of the company. In November and December accused sold bonds to three people. The company had never received the money, though it had decided to honour the contracts made by the accused. The accused said he was employed as a salesman by a man named Jones, who was undoubtedly representing the company in the South Island, and said he had Jones’s authority to make the sales. He said he posted the money to Jones. The position was that either Jones or the accused had stolen the money. Bought Bonds.

Charles Gerald Collins, restaurant manager, said that in November accused sold him two hemp bonds, for which ho paid him £43. Accused told witness that he would receive the bonds in a week or so, but the bonds did not arrive.

James Laidlaw, a teamster, living at Mason’s Flat, said that on December 12 the accused sold him two bonds, witness paying him £45 by cheque. Mrs Elsie Mary Banks, residing at Coutts Island, said that on December 16 accused sold her some hemp bonds. She paid him £43 in cash. She did not receive the bonds.

John Somerville Jones, chief organiser for Canterbury for the Australian and New Zealand Investment Company, said that he took charge of his territory'- in November, 1929. He did not employ the accused, and he gave him no literature. He had never received money from the accused for bonds. In January he saw Burke in Ashburton. The accused did not tell him he had posted him money. To Mr Bowie: Witness had never had any communication with the accused. Mr Bowie: Is it possible that you received the money from him while you were under the influence of liquor? Witness: No. Mr Bowie You do drink a little? Witness: I resent that question and claim his Honor’s protection. His Honor: It seems to me an extraordinary question to put. Mr Bowie: The suggestion is that he received this money while under the influence of liquor. His Honor said that the witness must answer the question. Witness: Seeing that in January I handled close on £750, I think you will agree that I was not very much under the influence of liquor. Mr Bowie: 110 w many times in the past twelve months have you been convicted of drunkenness? Witness: I think I am asked here to give evidence on relevant matters. Mr Bowie: It is relevant. Is it not a fact that when you are under the influence of liquor you do not remember what happens? . Witness: The only'- thing I Can say’ is I have never been a penny short in my cash. I remember everything that happens in relation to money paid to me. Mr Bowie: Do you remember everything that happens when y*ou are under the influence of liquor? Witness: Very few men do. Mr Bowie: You know it is a question between you and the accused. “ A Serious Question.” Witness: Yes, a very serious question. Mr Bowie: It was either the accused or veu who took this money’-? Witness: I cannot account for money I never received. The accused in evidence said that Jones, in the first place, wanted him to go out with him, but later told him to battle on his own. Witness was to be paid £2 5s per bond sold. He was to deduct the commission from sales. He posted the money to Jones. When witness saw Jones in Ashburton about the money, all he could get from him was a silly'- grin. Jones was scarcely in a fit condition to discuss the matter, so witness waited till the next morning and saw him again. Jones then said he had acknowledged all the money he had received from witness. To Mr Donnelly: Witness had never registered a letter in his life. Saw Letter Posted. Frederick John Anton Lackner, a taxi driver and formerly a bonds salesman. said that in December last he ; met Burke in front of the Post Office. He saw he had a letter addressed to J. S. Jones, Ashburton ,and saw him put the letter in the letter-box.