ENGINEER-CLERK CHARGED.

Star (Christchurch), Volume LXIV, Issue 852, 28 August 1933, Page 7

ENGINEER-CLERK CHARGED.

Alleged Theft of Selwyn County Council’s Property.

LENGTHY EVIDENCE IN COURT.

EDWARD BUTT, former engineer-clerk to the Selwyn County Council, was charged in the Magistrate’s Court today with the theft of tools and other property of the Selwyn County Council. A plea of not guilty was entered on all counts. The case was heard by Mr E. D. Mosley, S.M. Mr Thomas appeared for Butt. Chief-Detective Dunlop conducted the prosecution. The proceedings are expected to extend over two days, fhe greater part of the morning was taken up by the hearing of the evidence of the council chairman, William Gilmour.

The theft of the following articles 'vas alleged:—On April 1, fourteen iron t:e rods and nine pieces of timber valued at £23 16s 4d; April 7, twelve iron fire bars, valued at £2 ss; April 4, a cow bail valued at 7s 6d; April 1, three horse feeders valued at £1 10s; April 1, two ladders valued at 17s 6d; April 1, two wooden trestles valued at ss; April 1. one semi-rotary pump and hose to the value of £1 15s; April 7. a broom and handle, a ball of binder twine and a rope to the value of £1 6s lOd; April 7, a quart of oil valued at 2s 6d; April 13, one hydraulic jack valued at £1 10s; April 7, fifteen sack mattresses to the value of 15s; April 7, a quarter-ton of coal valued at £1 17s 6d; April 1, a carpenter’s square valued at 4s 6d: April 7, shovels, picks and other gear valued at £IS and a tent fly, on April 7, valued at 12s 6d. The total value of the goods was £55. Chairman's Evidence. William Gilmour, chairman of the County Council, said that Butt was employed by the council for about four years. His duties were clerk and engineer involved office work and supervision on all jobs. He had practically & free hand. His salary was £350 a year, and he supplied his own car. For that an allowance of £l5O a year was made. Six months after he started there was a suggestion that the council should take over the car, and that was done in June, 1930. The allowance was then reduced to £75 a year to cover the cost of repairs. The car was in good order. Butt’s conduct, taking it all round, was satisfactory. An informal meeting was held at witness’s house a week or a fortnight before Butt was given notice of his dismissal. The resolution concerning the dismissal was passed on March 6, but no written notice was sent to him then. On March 13 witness received a letter from Butt mentioning four items which he said belonged to him and were used in connection with council work. Butt also said that some tools in use by the council had been lent by him, and witness, in reply, told him to take the equivalent or the council would pay for it. There were also two other items.

Council Dissatisfied. The decision to dispense with Butt’s services was not wholly because of economy, -as mentioned in the resolution of the council. The council had been dissatisfied with the behaviour of Butt six months before his dismissal. Butt carried out work in his own way, and not the way the council decided on. "Witness agreed that Butt should take six iron rods in place of iron belonging to Butt used in the construction of a fowlhouse and one of the four items previously referred to. The council agreed that Butt should take five posts at a cost of 5s each. At one meeting of the council, witness continued, 'Butt said he had been given permission by the Mayor of Tern uka to take some tools, and it was stated that these were some of the ones lent to the council. On account of the council lorries being taken out at night, instructions were issued to the drivers to retain their keys and lock their cars every night. Late in April it was found that some tie rods from the unemployed’s cookhouse had gone. Butt said that permission had been given by w it ness for him to take the tie rods, "but witness denied that. Butt had permission to remove six posts. He had no authority, however, to take stringers from the yard. Other articles were reported by councillors to be missing. Matter of Lists. Two lists were produced by Butt, one a list of property from the council yard and the other a list of tools lent, continued witness. Butt said the two lists balanced. Witness did not remember if a pump or a mattress were mentioned in the lists. “If we had those lists.” said Mr Thomas, “we would not be troubled with this case another minute.’’ Continuing, witness said Butt had authority to spend up to £5 on tools. He had no authority to use council

coal. Witness told Butt that if a certain car jack belonged to him he should take it. To Mr Thomas: Butt was not altogether satisfactory. He wanted to be clerk, engineer, council and chairman. Thomas: Perhaps he found it necessary. Witness: Perhaps so. Continuing, witness said that he gave a recommendation to Butt in March. “ And it is extraordinary that a man should fall from that standard you mentioned to that of a common thief,” said Mr Thomas. “ Exaggerated Importance.” Mr Thomas: Is it not a fact that the whole matter has received an exaggerated importance and perfectly* simple natters have assumed an air of suspicion ? Witness: That is not the case. Mr Thomas. On probabilities you are trying to brand this man a thief. Witness said it was a fact that Butt did make a claim on the council for the chaff and other goods. Three matters were among those discussed at the meeting on April 13. a claim for £250 for the motor-car from Butt, his wages and the gear taken from the yard. Mr Thomas: Is it correct that you did not want to pay £250 for the car? Witness: No. We considered that it been worked on to us. Who worked it?—Mr Butt was the first to bring that forward. Winess stated that the car was transferred from Butt to the council to secure the rebate on the petrol. The Magistrate: It looks awfully bad for a county council to lend itself to this sort of thing. It is conspiring to defraud the revenue. Question of the Lists. Mr Thomas to witness: And von can't tell us what were in the lists you mentioned before?

Witness: No. But you went out to the yard and saw that this man. this thief if you like, had taken thirteen or fourteen tie rods, whereas you had said he should take six?—Yes. And found a lot of posts and stringers missing?—We knew there was a lot of timber missing. And you knew he said he had taken certain tools?—No, he didn’t say. He told you he was taking certain tools from the place?—Yes. Well it has taken us a long time to get that. There was another exchange between counsel and witness later. Mr Thomas: When it comes to an easy wav of using the chattels of the County Council, different members of the council, farmers and others, used the machinery and property?—Yes. And you have yourself?—Yes. And for quite a period you had a six-horse grader, a dray and two horses? —Yes. The horses were there two or three months. But you used them?—One of them. Give And Take. Well that will do. There was, in any case, a certain amount of give and take that you don’t get in the Bank of New Zealand ?—Yes. The council knew all about it?—Yes. The Magistrate said he knew enough of county Qpuncil work to know that tools could be borrowed. Mr Thomas: Your Worship will appreciate that that is why I am putting this before the Court. I am not, of course, making any suggestion of dishonesty. The suggestion was made several times by witness that the story of the I car should be finished. He said that Butt had been driving private passengers in the council's car. The Magistrate: But it was Butt's Witness said that after Butt had been reported he transferred the car from the council class to the private class, but did not transfer it from the council to himself. On Relief Work. Mr Thomas: Mr Gilmour, do you

know the meaning of the word “ fairness ”? You know, don’t you, that this man was using the car on relief work, and that it was pointed out that the rebate was not paid on a car that was being used on that work? Witness said that it was a bus driver who had reported Butt. He could not say if the passengers carried were relief workers. Returning to the question of tools, witness said it was a funny thing that so many tools walked off. Mr Thomas: I will call men who I will say they saw things brought on the job by Butt, which you are charg. ing him with stealing, and those are men who will probably lose their jobs when they get back, through a vindictive council. Witness repeated that tools had disappeared. Formal evidence as to the value of the articles referred to in the charges was given by Henry Arthur Silvester Martin, a railway foreman. Refused to Resign. Thomas Peason, chairman of the Works Committee of the Selwyn County Council, was the next witness. He said that the question of Butt’s dismissal was first discussed at an informal meeting of the council held at the home of the chairman. At a subsequent meeting of the council Butt w’as given an opportunity of resigning, but he refused. A resolution passed at the meeting at the chairman’s house was then read to Butt. A horse feeder was produced at this stage. Witness said that accused claimed it as his property, but the wood from which the legs had been made w as the council’s property. (Proceeding.)