ATTEMPT TO DEFRAUD AN INSURANCE COMPANY.

Dunstan Times, Issue 1280, 10 September 1886, Page 3

ATTEMPT TO DEFRAUD AN INSURANCE COMPANY.

At the Sydney criminal session on August 18, before Judge Docker, Francis Charles Taylor was charged with making false representations whereby William Alexander Gibb was induced to pay to William Taylor L7l 7s 7d, the money of the National Fire and Marine Insurance Company of New Zealand, with intent to defraud. The indictment set forth that the prisoner made certain representations to one John Hall that a certain ketch, called the Champion, on which he was the master, hid, in the course of a stormy voyage from Sydney to Port Stephens, lost one foremast and lower rigging, one topmast and all rigging, one bowsprit and rigging, one maingaff and gear, one gaff topsail and gear, one fore staysail and gear, one pair sidelights and screens, and three chain peaks, and that the boat of the said ketch was much damaged during th- said rough weather. The evidence of August Sjoberg and other seamen on board the ketch Champion was to the effect that the vessel left Sydney on March 13, on a voyage to Cape Hawk<>. A short time after leaving the Heads it came on to blow so heavily that the vessel would not steer. The accused took the helm, and a few minutes afterwards the mainmast broke off about 22ft or 23ft from the deck. The upper portion of the mast fell over the windlass and the two catheads. The sails and rigging were pulled on deck and the wreckage cleared away. They attempted to enter Broken Bay, but could not, and were compelled to runinto Newcastle. Arrived there, the accused left for Sydney, giving instructions to the crew to unbend the sails and get the rigging in order. The sails were unbent and the spars put in order, everything being complete, including the broken part of the mainmast. Nothing was lost. When prisoner returned he cut the lanyards on both sides with an axe, aud knocked the rail all to pieces, saying “ If 1 can’t manage to get the damage up to 1-200 the insurance won’t pay for it.” He growled at Sjoberg for hanging the sails out to dry, and sent the sails and gear down into the hold, where they were covered up by the ballast. The mainsail was stowed in the forcastle, and covered up with old bags, and a lot of blocks and iron ban Is were put in to the lockers. The vessel was then taken into tow by the tug Secret, and left for Sydney. Prisoner said on the way back : “You will have to throw overboard the broken spars and rigging that are on deck. Leave the ropes fastened to the spars, so that it may drag in the water, and pull out the plates and dead-eyes, so as to make them believe it has been towing in the water and broken away.” Prisoner then took a handspike, aud tried to smash the bottom of the boat, which was not previously injured in any way, and was used by the crew at Newcastle. Being unsuccessful he ordered one of the hands to take a chopping block, which was done, and the bottom smashed in. Prisoner said that this was to show that the main-boom fell on it and bioke it. After that the broken piece of the mast was thrown over, and, as the rigging did not break, the prisoner cut some of the lanyards with an axe. The foremast, bowsprit, and gaff topsail-yard were then thrown overboard. The main-boom was kept on boar I. On arrival at Shorter’s wharf, Pyrmont, prisoner got a boat, took tie things th t had been hidden away to a wharf at Biaokwattle Swamp, where they were covered up with an awning. Part of the stuff was subsequently brought down in a cart, and Captain “ Bill” Taylor took it away, The statement in the document produced as to the way in which the damage was done is not true ”

Charles Henry Utting said he hoarded the vessel at Newcastle on March 14. The bowsprit gear and sails were lying on deck. Tho boat appeared to be uninjured. About two or three feet of the rail on the starboard s’de was carried away. John Hall, marine surveyor, said he surveyed the damage to the Champion. Prisoner told him he lost everything, and that it was better to cut everything away than ruk damaging the hull. Prisoner also gave him a list of the spars and sails, which he said were lost, and wanted to have the boat condemned.

A clerk in the employ of the insurance company' deposed to making out a cheque tor L7l 7s 7d, which was handed to Taylor as the company’s share of the damage. Prisoner was found guiltv, with a recoin mendation to mercy, on account of the fact that be had derived no benefit from what he had done.

Mr Gibson, for the prisoner, raised two objections to the nature of the evidence, which His His Honor agreed to report to the Supreme Court' His Honor said he had resolved that if prisoner had been found guilty without a recommendation to mercy he would have sentenced him to two yeais’ imprisonment, but, under the circumstances, he would impose a sentence of one year’s imprisonment.