A SOLICITOR IN TROUBLE.

Inangahua Times, Volume XI, Issue 1652, 13 January 1886, Page 2

A SOLICITOR IN TROUBLE.

At the R.M. Court, Wellington, be fore Mr Warded, KM., Mr Edward Shaw, solicitor, of Wellington, ap peared to answer a charge of having on the 15th November, 1884, been entrusted by Alexandi-r M'Minn, as attorney or other agent, with a cheque for £83 2s 2<l, drawn on the Unio.i Bunk of Australia, Palmerston North, bearing date the 11th November, 1884, and payable to bearer for a special purpose, without authority to negotiate, transfer, or pledge the same, and did, in violation of good faith and contrary to that object, nogotiate. and transfer the said cheque. There was a second information charging defendant with having, in spite of directions to pay the cheque to Mr Russell or Izaid and Bell in payment of certain costs, cuu verted it to his own use. Mr Travels appeared for Mr Shaw, and Mr Jellicoe for the prosecutor, Mr M'Minn. Defendant stopped into the dock while the informations were being read.

Mr Jellicoe explained that the case came np under the 74tU section of The Laiveny Act of 1867. The circimstanres of tI)H case were briefly these : In 1884 Mr M'ElvieanH M'Minn were sued l>y Mr Rnsseil for lil>el. Jndg

inent was recorded against them. Mr Shaw rendered his account fordefe»« Hants' cost 1 * in the ease, showing that

there was then a balance of £12 14a

between him and defendants. On the

11th Novptulier prosecutor sent Mr Shctw a cheque for £83 2.s 2*l, drawn

••y liimsfjf (which was i;Ck»owleged by letter) to Mr Sfmv, «lirectinnf him

to pny the cheque to Jztml and Bull in settlement of taxed costs. On the 14tb Novein I »er Mv Shaw telegraphed to prosecutor : " Cheque received sufely, l»nt other documents promised " — refilling to a promissory note. On tli« 15th, Mr Shaw, instead of paying Izwd and Bfll, paid the cheque to his own account ut the Bank of New South Wales, where his own account was overdrawn. From time to time Lsaid and Bell applied to Mr Shaw for the money, but he gave various excuses, and at last this firm wrote, in Novem'•er, 1885, to prosecntor, aud told him that unless their cos?* were paid at once they would take proceedings. Mr Shaw's clerk, Hopkins, afterwards telegraphed : " Costs ar« still to your credit. Shaw conftn dto his bed last fortnight" Eventually prosecutor had to a nan ye with Messrs Izard and Bel, who gave a receipt;, which would be produced iii cv idence. It was undoubted that Mr Shaw had received the mouey and had not paid it over. Alexander M'Minn was then called, t>ut there was no appearance. A telegram was received from Mr M' Minn at this juncture, but the magistrate would not allow it. to Im> read. His Worship: How do you acconut for his absence ?

Mr Jellicoe: I would rather your Worship did not ask me that.

His Worship: H« is the informant and he is aware as well as yon are that the case is coining on to-day. You don't suggest anything to the contrary ! Mr Jellicoe : 1 do not «ay, he was present when the remand took place. His Worship : Hh is not in custody or anything of that kind, I suppose? Mr Jellicoe: I know of nothing ; I have had no word from him beyond that he was to be here. — (At this stage a telegram was handed to Mr Jellicoe.) — Yes ; this is from Mr M'Minn. Mr Jellicoe here commenced to read the contents, but Mr Travers objected to the reading of the telegram. The Magistrate thought that, seeing it was a communication of this kind, it ought not to be read. He asked for the substance without details,

Mr Jellicoe said his instructions were to go on with the case. The telegram was then handed to Mr Travers, who said it did not account for Mr M'Minn'g absence. His Worship said he could not understand the absence of the informant, who distinctly knew the case was to oome on to»day. He again asked if Mr Jellicoe could account for his absence in any way. Mr Jellicoe: I cau, but I would rather not

It was then decided to adduce a portion of the evidence, and then oltain artp»fid,

After Joseph H. Clapperton, acting manager of the Union Bank of Australia, who identified the cheq'ie, had been examined, the case was adjourned till Fnday at 2 p.m. Mr Travers said it was only right be should state that his learned friend posessed a receipt from Messrs Izard and Bell for payment of the money. Mr Jellicoe said it was with the greatest astonishment he heard snch a statement.

Mr Travers (producing a document) : Here is a receipt. Mr Jelliuoc : I observe it is dated

to-day,