SUPREME COURT

Dominion, Volume 12, Issue 38, 8 November 1918, Page 3

SUPREME COURT

CRIMINAL SESSIONS ■ AUCTIONEER'S FRAUD The criminal sessions of the Supremo Court were resumed yesterday morning; before Mr. Justice Chapman. Mr. Mocassoy, who appeared for the Crown, was relieved by Mr. J. Prendeville during the day.

ALLEGED THEFT-RECEIVING. •Joseph E. Keyes and William Prince wero charged with the theft at Featherston on September 2 of one leather trav-elling-bag, containing ladies' apparel of the value of .£93 ss. 9d„ the property of Emy Legge, and also with receiving goods dishonestly obtained. Both uccused vere represented by Mr. P. W. Jackson, and pleaded not guilty. Catherine Butler, clerk at the Empire Hotel, Featherston, stated that at about 6 p.m. on September 2 she heard that a suit-case belonging to'a Mrs. Legge was missing. She had seen the case in the hall of the hotel about 1.30 p.m. on the same day.

Kenneth M'lvenzie, carrier, Featherston, deposed that on September 7 he discovered a suit-case in a plantation near his home. . The case had been burst open, and inside it was clothing. Emy Legge, traveller, stated that on September 2 site Arrived at Featherston at 10.SO a.m., and went to tho Empire Hotel. suit-case and a hat-box were taken to the hotel, the former being left in the hall. Instructions were le£i for the luggage to be taken to her room. She left the hotel shortly after arrival, and upon her return at about 6.30 p.m. hen suit-case could not be found, i She next saw the case on September 7 at the police station. Cecil Conway, railway officer, Featherston, said that a man named Williams left a suit-case at the railway station between 1.30 and 2 p.m.' on September % Tho case remained at the station for about ten minutes when Williams and Keyes came, and Williams carried it. . Catherine Saba said that she saw Williams about 9.30 on the morning of September 2. Prince and Keyes accompanied Williams. About 5 o'clock Williams returned with a pair of shoes, which he wanted to sell. She gave 7s. Cd. for 'them. Williams returned about 6 o'clock with a bundle of clothes, which sho refused to buy. She ordered Williams out of the shop, and then Prince joined him. " •

Melia Saba, daughter of the previous witness, said that when Williams was asked where he got the shoes from he replied, "Never mind; they have not been /stolen." She corroborated her mother's evidence in regard to Williams's return to the shop with the clothes. Evidence in regard to the arrest of the accused was, given by Constables Chapman and M'Leod. When interrogated, the men insistently denied having been near tho plantation, or having crossed the railway line. Williams had pleaded guilty and had been sentenced to six years imprisonment.

Mr. Macassey did not address the jury, -and after being addressed by Mr. Jackson, and His Honour's summing up, the jury retired at noon. A verdict was returned of not guilty of theft, bui guilty of receiving. Sentence was deferred.

AUCTIONEER CONVICTED OFFRAUD.

Sis charges of fraud were preferred against George Blake, ex-auctioneer, against whom.it was alleged that on various occasions he had received and sold goods and failed to account for the proceeds.

Accused, represented by' Mr. P. W. Jackson, entered a plea of not guilty. Mr. Macasscy briefly stated that accused haa appropriated the proceeds from the sale of the articles as set out m the indictment, a total amount of .£72 18s.

Leslie Pearson, managing director of F. J. Pinny und Co., Ltd., stated that about April 10, 1915, a piano was sent to Blase and Co/s auction rooms to bo sold, a reserve of £18 being put upon it. He had seen nothing of the piano sinco it disappeared from the auction rooms 6ome tune ago. . ' Evidence was also given by Dr. Edith Hiintlej and Sutherland and Rankine in reference to the instructions for sale of various goods- and by the Official Assignee, Samuel W, L. R. Tansley, in reference to accused's bankruptcy. Detective-Sergeant Lewis also gave evidence, in the course of which ho was asked by Mr. Jackson if accused had given every assistance to him and tho Assignee in the course of the proceedings prior to the prosecution. Mr. Macassej- objected, His Honour upholding him, and. stating that such evidence would be only misleading tho jury.

For the defence Mr. Jackson submitted that then was no fraud-proved. The parties for whom the goods were handled did not call for their money for eomo considerable time. In the meantime accused became bankrupt. Otherwise thoro was no doubt that alt these people would have been paid. Mr. Jackson proceeded to quote sections of tho Auctioneers Act, but His Honour interrupted him, and stated that the sections referred to had no bearing or the case. "You are trying to mislead the jury," concluded His Honour.

Accused, who gave evidence, was crossexamined by Mr. Macaasey. He said that lie did not keep a trust account. He did not know that it was the. duty, of auctioneers to render account sales, but statements were'.kept ready in his'office. When Mr. Jackson proceeded to address the jury Mr. Macassey again protested that counsel's arguments had no relevance.

His Honour pointed out that the matters referred 'to by Mr. Jackson were irrelevant.'

His Honour, in Bumming up, pointed out that there was a breach of tho Auctioneers Act in the failure to render accounts. This might not have been fraudulent, but the fact remained that other peoplo's money was paid into accused's own account, and that no trust account was kept. There were about forty "cases in which no accounts had been rendered. The question for the jury was the question of fraud.

The jury retired at 3.10 .p.m., returning shortly with a verdict of guilty. Sentence will be passed this morning. A SERIOUS CHARGE. A young man named James M'Clatchie was charged with unlawfully carnally knowing a girl under the age of sixteen years. Accused, who was represented by Mr. H. F. von Haast, pleaded not guilty. The Court was cleared during the hearing of tiie case. Evidence was being taken when the Court adjourned till 10 a.m. to-day.