THEFTS ALLEGED.

Star (Christchurch), Volume LXVI, Issue 20295, 3 May 1934, Page 11

THEFTS ALLEGED.

Many Charges Against Employee. VERDICT OF JURY. The hearing of the twenty-feur theft charges and eight forgery charges against Leslie Cecil Johnson was continued in the Supreme Court this morning, before Mr Justice Johnston. The charges, involving the sum of £460, related 10 alleged thefts by accused from C. S. Trillo, prepietor of the Goid Band Taxis firm, of which Johnson was an employee. After counsel for the defence had addressed the Court, the jury returned a verdict of guilty on four of the theft charges. Gordon Ferguson, clerk, in the employ of the Gold Band Taxis firm, said he had recognised Johnson as the manager of the firm. Mr Donnelly said that he would prove the difference in regard to the amount on the cheques and the amount filled in on the butt in three or four instances, and leave the jury to consider those specific cases. Specific evidence was given by a bank clerk and the employees of the firms concerned relating to those four charges, and the difference between the amounts actually drawn and the amount accounted for totalled over £l3O.

No evidence was called by the defence, and the Crown Prosecutor intimated that he would not address the jury further. The Defence. “ The general line of the defence is that this is not a case for a criminal prosecution at all,” said Mr Young. “In view of the extraordinary relations between Trillo and Johnson their differences should have been settled by arbitration, or failing that by an action in the Civil Court. The prisoner saved Trillo’s business by a masterly stroke of finance, so that creditors who had been clamouring for settlement actually, in effect, lent Trillo £2OOO free of interest for fifteen months. It was a brilliant piece of business arrangement.” Mr Young said it was hard to believe that there was no agreement other than that Johnson was to get £2 per week. That would mean that the man who saved the business and then put it on its feet by securing .several valuable delivery contracts had agreed to accept the remuneration of a junior clerk. Johnson became, in effect, the Gold Band Taxis, Trillo being merely the figurehead. Johnson made the Gold Band Taxis the “ great firm that it is to-day.” The task that had confronted him would have beaten most financial conjurers. “ The refusal to produce the books for the defence prejudiced the accused,” Mr Young contended. “ There is no provision in New Zealand criminal law that the books must be produced for the defence without the consent -of the witness. Why should Trillo not produce them? Because he did not want the jury to see what a tangle of financial transactions went on between himself and Johnson. The matter is still one for accountants and arbitrators.” Judge Sums Up. Summing up, his Honor said that the concentration on the four counts had made the case much simpler for the jury. “ Counsel for the defence has addressed you eloquently,” said the Judge, ‘‘but there are certain things he has suggested should influence you which in fact should not influence you. Get out of your minds the suggestion that this is a case for civil settlement and not for criminal prosection. It has been very properly brought before you to bq dealt with as a criminal matter. Feelings of gratitude should not be expected to condone the commission of a crime. Circumstances may alter cases, as counsel suggests, but circumstances do not excuse crime. “On the evidence of Evans, the accountant,” his Honor continued, “ there is a case to be answered. The Crown had to institute criminal, not civil, proceedings. If ever one man gave another the opportunity for fraud, then Trillo gave the opportunity to Johnson; but fraud is not to be excused because its commission happens to be easy. Trillo’s presence did not seem to make anv difference at all.” Jury’s Verdict. The jury retired at 12.5 p.m. and returned at 1.10 p.m. with a verdict of guilty on the four counts of theft that the Crown had particularised. Mr Donnelly said that it would be just as well if there was a formal verdict of not guilty on the remaining twenty theft charges, and as the cases were all interwoven he applied for a stay of proceedings on the forgery counts. Mr Donnelly’s suggestions were adopted. Prisoner was remanded till to-mor-row for sentence.