Warrington Sydney Garnett

Warrington Sydney Garnett was appointed Manager in August 1933.

Doug Hardwick remembers them boarding at the Berri Hotel which was owned by Mrs. M. Leahy (sold in 1937 to Berri Hotel Incorporated). Alby Brand started as odd job boy at the Hotel late 1935. Perhaps early 1936 he was chatting with "Winks" Garnett and she said that her father was manager of the winery and would he be interested to join the workforce at the Winery (See Alby's notes).

May Maude Garnett purchased 18 Muscat Ave, Berri from first lessee of the Irrigation Town Perpetual Lease No. 184, a Mr. Richard Davis, and transfer dated 28th November 1937. Les Kassebaum thought Frank Harris rented Muscat Ave for a period.

The 1938 Chaffey Electoral Roll records Warrie and Queenie being registered at Barmera. Perhaps boarding at the Barmera Hotel after Mrs. Leahy sold.

Roll in 1939 records them registered at Karoom.

So they would be now living in the Manager's residence that was thought to be built in 1938 (Peter Nairn).

18 Muscat Ave, Berri was sold to Lesley and Dorothy Kassebaum on 25th February 1953 (see Kassebaum and Burge stories).

Warrie made the papers back in 1933 when he was wrongfully accused of pergury in court in a matter with Penfolds. Here are the news clipping detailing the charges, events and outcome.

05/12/1933: Remanded To Sydney On Perjury Charge

Warrington Sydney Garnett. of Berri was remanded by Mr. E. M. Sabine. PJiI., in the Adelaide Police Court on Friday to appear at the Central Police Court, Sydney, on December 11. on a charge of perjury. He was arrested at Berri on November 24 by Sergeant Parsonage, on a provisional warrant, on a charge that in an affidavit in a matter then before the New South Wales Supreme Court, in which Penfold's Wines. Ltd. were plaintiffs, he made a false etatement as he then well knew. He was brought to Adelaide and charged on November 25. being remanded until Docember 1. He has been taken to Sydney in custody.

15/12/1933 COMPANY MANAGER. Loans from Employers. ALLEGED FALSE STATEMENT.

At the Central Police Court yesterday, before Mr. Shepherd, S.M., Warrington Sydney Garnett, 44, company manager, was charged with having made a false statement. According to the charge, defendant swore falsely a statement at Sydney on July 10, 1933, with respect to a pending Supreme Court action in which Penfolds Wines, Ltd., were the plaintiffs, and he the defendant. The defendant in the statement, it was alleged, swore that he had paid £500 on July 3, 1930. in settlement of portion of claim by Penfolds Wines, Ltd.

Mr. Curtis, K.C. (for the defence), said the defendant had been with Penfolds for 26 years, and that his salary had been £2500 a year, with bonus. There was not one suggestion of dishonesty in any shape or form.

L. C. E. Webb, an officer of the National Bank of Australasia, Sydney (called by Mr. A. E. Hayes, of the Crown Law Office), produced a deposit slip, dated August 13, 1921, in respect of a cheque for £500. He also produced a deposit slip, dated August 17, for another cheque for £500: and another, dated June 1, 1921, a deposit of £1267/7/1. Witness said there were also four cheques drawn by the defendant: On October 29, 1929, for £98/10/; on November 21, 1929, for £98/6/3; on January 9, 1930, for £196/5/; and on July 30, 1930, to cash, £594/13/1.

Replying to Mr. Curtis, witness undertook to look up particulars regarding certain cheques; also whether a cheque, payable to Mrs. Garnett, had ever gone into her account.

B. W. Carver, an officer of the National Bank of Australasia, produced a cheque for £500, dated August 13. 1930, also a cheque for £1267/7/1 on May 29, 1929.

Nelly Foster Dawson said she was emploved by Penfolds as private secretary to the chair- man of directors, a position she had held for several years, having been 13 years with the company. She knew the defendant as a director and general manager. Witness was handed by Mr. Hayes two applications for loans to the defendant, and she said cheques for £500 had been drawn on the company and handed to the defendant.

Witness was questioned by Mr. Hayes regarding a conversation between defendant and Mr. Hyland, and of Mr. Hyland having suggested that the defendant could buy bonds. Witness said she got bonds which came in at different times, and were put in the private safe in the office, and finally taken to the safe deposit. Witness cashed the £594/13/1 cheque drawn by defendant, to whom she handed the money. He divided it between the Hyland brothers, saying it was the clearing up of the Royal Cafe money. No mention was made of a £500 loan. Witness was shown a cash book, and said there was an entry which showed a loan of £500.

Mr. Hayes: Does it show another entry of £594/13/1? - Yes.

Asked whether the entry was initialled, witness said it was, by the Hyland brothers.

Mr. Curtis: What was the defendant's position when you joined the firm? - Manager.

And after that he became director? - Employees' director.

And when he left he was managing director? - No; general manager and director.

On a salary of £2500? - When he left it was £2000 and £500 expenses.

When did he leave? - May 10, 1933.

You know that he left of his own accord? - Yes.

And has since taken up a position with a wine firm in South Australia? - Yes.

Mr. Curtis: Do you know that never at any time has an account been rendered to Garnett for this £500? - Not as far as I know.

Do you know whether at any time he has been debited with interest on the loan? - No.

Do you know that the first £500 was paid back by cheque drawn by Penfolds Wines In favour of W. S. Garnett to wipe out the £500? - Mr. Garnett was given an extra travelling allowance of £500. He said he thought he would pay that off his loan. He endorsed the cheque and paid it back into the company.

Was that a special bonus to him for the purpose of wiping out the loan? - No; it was given him in view of extra work while Mr. Penfold Hyland was away travelling, B. W. Carver, who was interposed, produced a cheque dated July 6, 1928, for £500.

Mr. Curtis: It is a cheque from Penfolds Wines, payable to Garnett or order, endorsed by him, and then paid back into Penfold's Wines.

Mr. Curtis (addressing Mr. Flynn, S.M.) : I want to show that the whole proceeds of the business went to the firm, and that the defendant did not get a penny of it.

Miss Dawson was further cross-examined by Mr. Curtis, and said she did not know that £3000 had been advanced to the defendant for the purpose of opening business in Queensland.

Mr. Curtis: You know that money was advanced for the business? - I cannot say. The man who kept the book has since died.

Do you know why the business was put In Garnett's name? - Yes. It was because it was not the company's wish, being wholesalers, to be associated with retail business.

To other questions witness said the company had paid defendant £1000, but, so far as she knew, no request was made, or account sent, regarding £500 being owing.

Mr. Curtis: It was a fairly regular practice of,the company to pay him sums of money?

Yes.

LOAN TO PURCHASE HOUSE.

Frank Penfold Hyland, of Elizabeth Bay, chairman of directors of Penfold's Wines, said the defendant had been with the company for about 25 years. To Mr. Hayes, fitness said the company advanced defendant two sums of £500 to help purchase a house. Defendant had paid £500 off; the other £500 was still outstanding. On July 3. 1930, defendant told witness that he had £594/13/1 which was divisible between witness and his brother in connection with the wine business in Queensland. Witness went to defendant's office, and was given half that amount.

Mr. Hayes: It had nothing to do with the loan of £500? - No. It was advanced by the company, but not in a business way; we took no security, and charged no interest. At times we have assisted others in our employ who wanted to take similar action.

To Mr. Curtis, witness said defendant had travelled in the East for the company. He was appointed manager. Witness said that up to 1930 he had the highest possible opinion of defendant, who was given 1000 shares In the company.

Mr. Curtis: Did the defendant receive one penny of the profits from the Queensland business? - Profits would go into the general account.

Were profits taken out and put into his account? Do you suggest that it was for the benefit of himself? - I suggest that it was to get a hold an me.

What do you mean by that? - I objected to certain money being offered to me as an individual; it ought to be paid to the company.

What did you mean by the expression "get a hold on me"? - I used the expression somewhat quickly. I give that explanation. I believe he had no ulterior motive.

And you wish to withdraw "get a hold on me"? - Yes. I withdraw it.

Replying to Mr. Flynn, S.M., witness said he had offerd defendant £2000 for his shares, but he declined it.

The hearing will be resumed today.

Mr. A. E. Hayes (of the Crown Law Office) appeared for the prosecution; and Mr. Curtis, K.C. (instructed by Mr. R. M. Duncan) for the defence.

16/12/1933: MANAGER FOUND NOT GUILTY

Police Allege False Statement.

SYDNEY, December 15.

Warrington Sydney Garnett (44), company manager, was discharged in the Central Police Court today on a charge of having made a false statement.

"I am of the opinion that no Jury in the world would convict on the evidence before me!" said Mr. Flynn, S JJ.

According to the charge, defendant swore falsely at Sydney on July 10, 1933, with respect to a pending Supreme Court action in which Penfolds Wines, Ltd., were the plaintiffs, and he the defendant. The defendant in the statement, it was alleged, swore that he had paid £500 on July 3, 1930, in settlement of portion of a claim by Penfold's Wines, Ltd.

Garnett, In evidence, said that he was the manager of the Berri Growers' Co-operative Distillery, South Australia. In reply to Mr. Curtis he gave an account of his joining the Penfold company, and said that for six years he travelled in Java, New Zealand, Queensland, Tasmania, and New South Wales. In 1920 he was appointed manager, and in 1921 was also appointed a director of the company. In that year the company was reconstructed, and he received 1000 shares as a present.

Asked about a cheque for £400, the witness said that a cheque was drawn on his private account by Miss Dawson by his instructions. It was cashed at the bank, either by Miss Dawson or the cashier.

Mr. Curtis: Did one penny of the proceeds of that cheque go to either you or your wife?

"No."

In discharging the defendant Mr. Flynn said that the question ot where the £400 went was not proved to the satisfaction of the court.

Warrington Sydney Garnett