NEGATIVE OF A BANK NOTE

Dominion, Volume 14, Issue 255, 22 July 1921, Page 9

NEGATIVE OF A BANK NOTE

SWINSON FOOTBALL COMPETITION LAWFUL EXCUSE URGED r John Swinson was charged in the Magistrate's Court yesterday afternoon, before Mr. F. K. Hunt, S.M., "that on June 30 ho had in hw possession a glass plate known as a photographic negative for making upon paper or other material certain prints, figures, and characters, apparently intended to resemble a Hank of New Zealand JU note." There was a second charge of making the,photographic plate. Chief Detective Ward appeared for the police, and Mr. 11. F. Luckie for the accused. The Chief Detective said that the information was laid under section 300 of the Crimes Act, clauses B and D. The accused was an advertising agent in Wellington, and photographed ten £S notes for the purpose of advertising a competition in connection with the selection of a foottail team. These photographs were distributed among certain shops in the city for display in the windows. When seen by Detective-Sergeant Andrews, the accused admitted responsibility, and handed the photographs to the police. Placarding Windows. Carl Bierre, mercer, Lambton Quay, said that on July 1 he had a visit from one of Swinson's employees, who handed witness' a placard (produced) with a request to havo it displayed in his window’. Witness did as requested, and on July 5 the placard was handed to DctectiveSergoant Andrews. To Mr. Luckre: The placard was purely for advertising purposes, and witness knew that. Herbert Henry Price, mercer, Willie Street, gave similar evidence. Ho said that the placard was brought to him by Swinson himself, and , there was no suggestion of it being anything else than an advertisement. A. C. Kitto, tailor. Manners Street, gave evidence to the same effect. In cross-examination, witness said he was on the New Zealand Rugby Union when Swinson was given the sole right of advertising in connection with the tour of the South African footballers. Detective-Sergeant Andrews said that in the "Evening Poet" of July 1 there appeared an advertisement which was headed "Win the Brinson -E5 note.” This referred to tho public having an opportunity to pick tho team of footballers after a match had been 'play-si at the ) Athletio Perk on July 6. On Saturday, I July 2, certain placards were exhibited in several shop windows. On July 5, in company with Detective Revell, witness set out to find who was responsible for the production of the £5 notes exhibited on the placards. Several shops were vistied, and witness collected six placards. They then went to Swinson’s. Witness eaid that they had come about the printed JJS note, and Swinson said he had printed eight and that they had been distributed. Swinson made a, statement which was taken down in writing and 1 signed by him. In this he said that the note was photographed purely for advertising purposes, and he did not think ho

was doing any wrong. He was quite willing that the police should destroy the negative, which he handed over to witness. On July 7 Swinson communicated with the police, and said that he found that he had made a mistake, and that ten placards had been distributed, not eight. The police recovered tho whole ten. To Mr. Luckie:. Swinson gave the police ) every facility to investigate tho matter, took them, to his studio and explained tho method of reproduction. Lawful Excuss Pleaded. For tho defence, Mr. Luokie said that even admitting that these were offences, there was no criminal intent. There was no suggestion of any dishonest intention o.n the part of Swinson, who was a wellknown man carrying on business as an advertising agent. In the course of his advertising business, and with a view to making the most of the South African footballers’ tour, he had this photographic plate made. Section 300 of the Crimes Act provided that -everyone was "liable to fourteen years’ imprisonment with hard labour who without lawful authority or excuse," etc. He could not urge that Swinson had any authority, but he had lawful excuse. Lawful excuse was reasonable excuse. Mr. Hunt called Mr. Luckie’s attention to the case of Dickens v. Gill, in which it was held that the possession of a die for making false stamps, known to be each to its possessor, was, however innocent use he intended to make of it, possession without lawful excuse within the meaning of the section of tho Act. Tho Court adjourned for a quarter of an hour to give Mr. Luckie an opportunity of reading through the cose and deciding on his course of action. Committed for Trial. When tho Court resumed, Mr. Luckie enid that ho had read the case, and if it were binding he could not continue his contention. Ho was satisfied that no jury would enter a conviction, for tho man was morally, innocent. Tho Magistrate said ho had no option in tho matter, and must send the case to tho higher court. Swinson pleaded not guilty, and was committed to tho Supreme Court for trial, Bail was fixed at J,‘sO in accused’s own recognisance. A former master of a destroyer operating off the coast of Ireland during tho war recalls an experience in 1916. While in tho Irish Sea an oil ship was discovered on fire, and tho destroyer went to tho vessel’s assistance. On arrival at tho scene the crew was seen standing on tho fore and aft part of tho steamer, which was alight amidships. Tho destroyer was, however, unable to go alongside the steamer, which was surrounded by a huge ring of burning oil floating "1 tho water. This prevented her crew from reaching the rescuing destroyer. Tho men perished on tho burning vessel, which was finallv blown up by an explosion. In less than half an hour there was no trace of wreckage, and tho bodies df the crew could not bo found. Had the men on the destroyer not witnessed tho tragedy the fato of tho steamer would probably have remained a mystery.