Alleged Theft

Waihi Daily Telegraph, Volume V, Issue 1428, 12 September 1905, Page 2

Alleged Theft

The Charge Against Hanlon

Before Messrs T. Gilmour and H. W Moore, J. Ps.) > . In the above ease the following evidence was taken after we wont to press yesiaM day:- . V Mis 3 W. Moore, Maokaytown, deposed to purchasing a machine from Hanlon, No. B 632,089, on the Bth May, 1905, for the sum of £l3 Is. The machino had been in her possession since purchasing. Sbe know nothing about Mr Fergusson of •• Karangahake, or of Mr H. Boyd, of Waihi, She knew nothing about a hire agreement. She did not givo on old machine in partial exchange for the machine purchased from Hanlon, Anything purporting to be done with a machino aftor the purchase was not dons with ber consent or approval. Henry William Boyd deposed that he resided in Johnston-street, Waihi. He knew the accused, Neither of the signatures on tho biro agreement produced wero his. He remembered one night Hanlon oame to him and said he was getting a machine, and ho would pat it in his name on tho hire system! Ho at tho time that he did not wish to be in anythiag, but Hanlon said he was paying for it himsolf, and that tea 'would be no trouble about it as far as he (witness) was cowned, Ho did not authorise him to sign his namo. Ho had nothing to do with the Singer machine excepting what Hanlon had told him. Charles Cheyne deposed that he resided in Cambridge, and occupied tho position of superintendent of tno Singer Sewing Company's agencies. He bad occupied that position for neatly three years. During that time he, had been acquainted with tho (defendant. Agents bad no right to givejreoeipts othor than on tho company's fortes. Ho took charge of the Waihi agency from Hanlon on the 15th July. On the 12th July he' received instructions 10 como to Waihi and investigate. At that time three cheques amounting to £5117s 5d had been sent to Auckland. Up to the time, ot his departure from Auckland the amount of tho cheques had not boen made. On bis arrival he asked Hanlon for payment of' theso cheques, and he replied that he had not tho money. He asked Hanlon what ho was going to do in tho matter, He replied that his guarantee fund would oover tho amount. He.(witness) told him that tho gnarantoe fund would not cover his cheques, and asked if bis accounts were ' square. Hanlon replied no, that thore were a number ol aecouuts paid that he had not passed through. He, witness told him ho would have to report tho matterstraight away, and to simplify matters he ! askoi him to got all the books, papers, etc,, belonging to the company, and to make out a list of those accounts which had not been paid, Hanlon promised to do this and furnish witness with tho same. Hanlon sent in tho list. (Pro- 1 duced). He asked him what he had'done with the money. Ho replied that ho had not handled it, sayiug thai ho had put it I into the bank. Afterwards he said ho had ,no money in tho bank—that the money had gone in the ordinary course of businosß, and that his expenses were too much 1 for the amount he earned. He had to spend money in many ways in tho course of his business, This was Hanlon's explanation. Hanlon was allowed il per week for horse-koep. After his previous examination in May, Hanlon told him on his word of honour that all his accounts wero straight. Hanlon, on being questioned at the next interview, stated that he know his, accounts were wrong, but that ho hoped to get the money to mako up the amount from a friend, and by doing so ho I would bo helping witness as well a? him- , pelf. Hanlon failod to get the money. I After that Hanlon went round with him to tho customers and gave every.Meistanco '• possible. Hanlon had admitted fitness ' that tho machino sold to Mrs Emslie had been passed through cs a hirocLmacbine. Ho admitted Bigning Aldred's namo himself to an agreement to hire the same machine, . Charles Thomas Midlano deposed that i ho was acting in New Zealand for the ! Singer Sewing Machino Company. The accused was agont for tho Company at 1 Waihi. Towards tho end of August last ho was authorised to investigate tho dealings with Company's funds. Ho came ,to Waihi ou the 28th August laßt, Previous to thai ho had gono through Hanlon's accounts as appearing in the Auckland offioo. Ho then sawV'tha accused for the first titco, when they 1 both wont through tho lißt item by item, On pngo 1 (document produco'd) wero included all theamounts (tho Bubject of the present charge) .Tho accused admitted to receiving all the amounts in the first money column, i making a total Of £ll6 12s 63. Ho also admitted having reported to tho Com--1 pany that ho had only received £52, Ho.admitted that his defalcations wero Mi Is. The accused said the word dofaloation was used undor protest, as ho did not liko it, roforring to the amounts ai shortages, Putting it another way he admitted having received tho monies on bonalf of tho Company and not accounting for tho same. Ho further admitted that certain monies recoivod from customers' receipts wero not in evidenco. Tho accused said that eachManco should bo reduced by■ 80s for discount. Ho also admittod to receiving monej to tho amount of JU4G 19s lid, The first cheque for 125 lis Gd was presented and dishonoured. 3 ho othor two cheques montioned wero re. turned to Hanlon, as ho had boon instructed to sond the monoy by post office order. In Hanlon's report on 13ih August, 1904, ho did not report tho sale to Mrs, Emslie, Tho following wcok he reported the sale to Mrs Emslie as the machine being sont to Mrs, Brown on.approval, In. the next report ho stated that tho same i maohino had been sold to Aldred of Wnikino, Wl'ilo reporting this ho had in tho meantime recoived the whole amount, ■£l2 12j, from /Mrs. Emslie, Hanlon admitted that the mnchiho shown to Aldred had boen fiotitioualy ontered, and that ho had signdd the agreement in tho namo of liobort Aldred, Ho did not show any sale to either Mrs, Stewart or E. McLeay. A later report showed a hire sale to E, McLeay. Ho admitted that the liira salo to MoLoay was an ■' actual sale to Mrs Stewart for cash. He said McLeay signed tho hire agrooment. The salo to Powlos was reported correotly at first, but subsequently ho did not report it as a cash salo, Haubn's report showing machino placed with Mrs Macdonaldon approval and afterwards sold on tho luro system was falso, and tho siguotnro on tho agreement was forgod, His report of tho maohiuo sold to Mrs Butler on 10th February last showed it as placed on approval with Mrs Brown, and in a later report showed tho samo maohino ns placod on approval with Mrs Slater. Tho next report showed the eame machino as sold on hiro to Mrs Bntlor. Hanlon admittod that tho maohine sold on hiro to Mrs Butler was sold to Mrs Butler for cash, and that he uignod tho hiro agrooment in the name of Herbert Butler, and that he did 7 not know such a person. With regard to tho machino sold to Miss Moore on the Bth oi May last, in his'roport it was shown as being placed with Mrs, Ferguson of Karangabako on approval. Infonapter reports ho showed the samo macaiiie still on approval with Mrs a subsequent report he showed the same machino its ou the hire system,to 1 Harry ;V Boyd, and admitted having signed the .. agreement in the namo of Hairy Boyd. Tue average renumeration of tho accused ,• for this yoar was brittle over £1 per week for salary and . commissions, occlusive o£ ■ . £lss per week for horse keepoud storage. ~ In a conversation with the accused in regard to the gtiaranteoi and a letter which

the accused had written to the Company relative to samo, and which also contained certain proposals pertaining to a compromise, he told the accused the Com- • pony would have nothing to do with the proposal. He did not tell accused that he •.did not want to see any guarantee. Thet accused had been appointed as the \Waihiaeent three years ago. William Craufurd-Brown, msmgcr of the National Bank, deposed that a cheque I^-for 125 lis 6d was drawn by J. payable to the Singer Bewin*j Maobl ;° Company. It was not paid, but he wou d have paid it had ho not been Hanlon not to do so. Hanlon 9 obeque for £ls 183 83 dated 15tb Juno would havo been paid if presented in the ordinary course of businta. If another cheque for £lO 7s 3d bad been presented on due dale there would have been funds to meet it. If these two cheques bad beon paid there would not have boon funds to meet the cheque for £lO 7s 3d. There were now no f»nds to tho credit of k'croas-exaanned: Cheques for £ls 4a 4d and £l7 159 4d respectively, drawn by Hanlon and payable to the Singer Comnanv had been paid after ho had returned f9O had been paid into _ hia acoouat after the oheque for £25 118 64 bad been 'tgeant Sheehnn deposed that aftor reading the warrant to the accused, be said " All right, Sergeant; you don t understand these matters, it will be a ease of damages against the company afterwards , He had made inquiries for the perion Herbert Bnller, but had failed to find htm, Mr Cotter said that that was a oase for %Eimimated that ho wontd rcsorvo his defenoe. > ut The Beuoh said that they had no atonarive but to commit aocused to the Dntriet Court, to be holden at the Thames on the 14th of November, for trial. Baiiwa* allowed, two sureties of ±jU eaob, and £IOO in himself. . The Court then adjourned,