CHARGE OF FRAUD

Bay of Plenty Beacon, Volume 7, Issue 34, 17 December 1943, Page 5

CHARGE OF FRAUD

HERD TESTER IN COURT

COMMITTED FOR SFXTKXCK

A charge ol" fraud and also one of failing to comply with a probation order was brought against David AlcGrory, aged 2:5, at the .sitting oC the Magistrate's Court on Friday at Opotiki. The police asked lor a re-1 ma lid on the. charge of fraud, and on the other charge accused was convicted and sentenced to seven days' hard labour. The. police stated, that accused had been before the court, before on a charge of false pretences. The magistrate remarked thai probation was something that had to be obeyed. Suppression Refused Accused asked for suppression of his name and the magistrate made an order for interum suppression as far a.s the charge of fraud was concerned but would make, no order in connection with the second charge. Accused appeared before the court again before .Messrs. J. T. Merry and C. F. Hansen. Justices of the Peace, on a charge that at Opotiki on September 28. having received from Alexander Davies a cheque lor Ihe sum of K25 1-ls 2d. on terms requiring him to account for or pay Ihe same to one. Norman AViliiam Oartor, did fraudulently convert same to his own use. Farm Manager's Story Cecil Hardwood Weston, manager employed on Mr C. 1 Mack's I arm. Otara, the latter . being absent h} military camp, said that on Scptenx-) ber 2N the herd tester McCrory came to test the herd. After the test witness made enquiry as to how the payment was to be, made. He asked if the amount was paid in one. sum at the beginning of the season or at the end of the season. Accused .said that, witness had to pay at the be* ginning of the season the whole

amount or he would not get returns from the. testing. Accused had a factory order for witness to sign, an authority for accused to be paid by the factory. Witness told accused that the New Zealand Loan and Mercantile Agency Co. Ltd. handled all monev matters, and told him he

was going in in the morning and would see tlie manager when he went in. He asked to lrave the cheque made, out in his name as the testing association owed him money and he would, take out what was owed to him and send the rest on. Witness went to see the manager of the N..Z. Loan and Mercantile who was not in at the time and told a member of-the staff that McGrory was coming in to be paid. The amount involved was, about £2(5. Manager's Evidence Norman 'William Carter, sec-retary-manager of the East Coast and Ray of Plenty Herd, Improvement Association, living in Whakatane, said that accused was employed for two months by his association some little time .-.go, from the 2(sth August until the 2Gth October. About the last week in November witness, became suspicious of accused after conversation with Mr Weston on account of. what Mr WexLon told him and as a result went to see Mr Davies, manager of the Loan and Mercantile, and later saw accused. Accused was not then Avorking for the association but was on Mr Williams' farm at. Lower Waiawa. Accused told witness that he had some money of the association's. No Right to Collect Money That was the first indication witness had that accused had collected money on their behalf. He had no right to collect money in that Avay. The usual way was that on the. tester's lirst visit to the farm, the farmer was asked, if he intended to pa}' on I factory order,, or if be elected to pay cash there was a discount of 2}'2 per cent. Accused, had no right to tell Weston that he would not. get his test it he. didn't pay the whole, lot. Alexander Davies, manager of the Opotiki branch of the N.Z. Loan and Mercantile Agency and, (lonstable (ledyc of Whakatane. also gave evidence. Accused pleaded, guilty and was committed to the Supreme Court in Auckland for sentence.