FOUND GUILTY

Hauraki Plains Gazette, Volume 52, Issue 3296, 4 August 1943, Page 7

FOUND GUILTY

FALSE PRETENCES CASE OFFER OF A GENERATOR PLANT FROM COROMANDEL A plea of not' guilty was entered by Robert Edward Jamieson, aged 31, a draughtsman engineer, when he appeared before the Chief Justice, Sir Michael Myers, in the Supreme Court, Hamilton, recently, to answer a charge that at Te Awamutu on May 18, with intent to defraud, he obtained £7O from Stephen John Harding, by falsely representing that he was authorised by the Coromandel Electric Power Board to sell a turbine generator for electricity, and induced Harding to enter into a contract to buy the generator. Mr H. T. Gillies, Crown Prosecutor, conducted the prosecution, and Jamieson conducted his own defence. • Mr Gillies, in an outline of the case for the Crown, said an elderly settler, Mr Harding, had a property at Te Awamutu, which was managed by his son. They had decided to install a turbine generator and with that end in view had advertised for one. Contract for Delivery

Jamieson, in answer to the advertisement, went to Te Awamutu and interviewed Mr Harding and his son, and on the advice of Jamieson they fixed on a particular plant, which he alleged was at Coromandel and in the control of the Coromandel Light and

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Power Company. Jamieson knew all about electricity and was an excellent salesman. The contract was that the plant would be delivered from Coromandel within ten days. The contract price was £9o' and Harding gave accused a cheque for £7O; the balance to be paid on delivery. The turbine was never delivered and it would be shown that there never was such a turbine at Coromandel. The Hardings, after a month had elapsed, became suspicious and informed the police. In a statement to the police at Auckland Jamieson held that there must be some misunderstanding over the date of delivery and that he was quite prepared to deliver the goods or repay the deposit of £7O ! . Claim As To Employment

Stephen John Harding, retired farmer, of Te Awamutu, said that following the advertisement •he was telephoned by Jamieson, who said he was an electrical engineer to the Coromandel Electric Power Board or Company. Jamieson told him that his board was reticulating the 'Coromandel district and they were taking over small electrical plants. Such a one was at tfye Coromandel Hospital and was too small for the hospital needs. Pamieson remarked that this generator would be ideal for witness’ purpose.

Later, in the conversation, witness told Jamieson he had made a mistake |n the advertisement and it should have read, not 1000 gallons but 1000 cubic feet. Prior to the mention of the mistake in the advertisement accused said he would be able to supply a complete plant for £4O. After the mention, Jamieson said he would need a few minutes to make an adjustment in his figure. At a boarding-house at Te Awamutu where witnes sand his son later saw Jamieson, the matter was further discussed.

Continuing his evidence, Stephen John Harding said Jamieson told witness and his son that the plant, under 'the revised specifications would cost £9O and after discussion the deposition was fixed at £7O. His son wrote out the cheque. Witness, at the time, was under the impression that Jamieson was acting for the Coromandel Electric Power Board or Company. The matter was placed in the hands of the police only after he had made inquiries at Coromandel. In reply to accused, witness said he was not sure that accused told him he was advisory engineer to the Coromandel Power Company, but he was under* the impression that Jamieson was the company’s electrical engineer. He recollected Jamieson offering him a small hydro-driven plant that would work on a head of ten feet for £4O. With reference to the larger plant, witness was positive that accused said that the plant had been in use at the Coromandel Hospital.

Asked whether he did not consider £7O to be a large deposit for a £9O Article witness agreed that such was the case and it was only because he was confident of accused’s bona fides that he had given such a large deposit. Witness agreed that Jamieson had advised him on a certain firm of electricians at Te Awamutu to install the plant and that accused had' offered to come out to the farm and assist in its

installation. He was certain that accused had represented to him that the plant was one of a number taken over by the Coromandel Power Company. He recalled seeking- Jamieson on a second occasion at Te Awamutu when the prospect of obtaining a lathe was discussed. Son’s Evidence of Purchase

Rowland Douglas Harding, son of the previous witness, recalled his visit to a boarding house at Te Awamutu where he saw Jamieson, who told horn that he was engineer to the Coromandel Light and Power Company, which was a private company, under licence from the Government, to reticulate the Coromandel district. Accused produced particulars of two plants, the first of which complied with the particulars in the advertisement. On being told that the first was unsuitable Jamieson produced particulars of another. On reading the specifications of the latter witness told Jamieson that it was just what they were looking for. Jamieson told him that the plant was at the Cottage Hospital at Coromandel 'and had originally cost the hospital £2OO. It had been in use for eight years and had just ceased work three weeks "before and was in perfect order. Witness agreed to buy the plant for £9O, delivered at Te Awamutu. In answer to His Honour witness said Jamieson told him that under the terms of the power company’s licence the company had to take over the privately-owned plants and was to take over the hospital plant at the price it stood in the cottage hospital books, the price being £7O. Witness had gathered from Jamieson that he had authority to sell the plant and that any profit over £7o' would be his. John George Strongman, electrical engineer, Coromandel, said that some time ago he started negotiations to form a company to be called the Coromandel Electric Light and Power Company, Limited. It had not yet been registered, however. He had met Jamieson in Coromandel at Christmas at an hotel and had engaged him. Witness detailed Jamieson’s duties, foi- which he was to be paid a lump sum in cash. However, he had never authorised him to sell a turbine plant. There were no turbine plants to his knowledge at Coromandel and there was certainly none that his company had been requested to take over.

Detective F. A. Gordon, of Auckland, said that when he accosted Jamieson in a public bar of an Auckland ,hotel he told him he wished to see him about a complaint from a Mr Harding of Te Awamutu. Accused replied: “so that’s it. I thought so.” Interrogated at the police station accused told witness that he had been in Te Awamutu on May 18. Witness showed him a cheque and accused recognised it as the cheque he had received from Harding. He said he “had gone through the money.”

Murray Ernest Alfred Box, a teller employed in the Bank of New Zealand, Te Awamutu, stated that he had cashed a £7O cheque on May 19 for accused.

Accused, in a brief address to the jury pointed out that the negotiations between himself and the Hardings had been very complicated and so many different plants and machines had been discussed that it was evident to him that they had become confused as to the issue.

The jury brought in its verdict of guilty after a retirement of 20 minutes.

His Honour sentenced Jamieson to reformative detention for 12 months.