ALLEGED CONSPIRACY TO DEFRAUD.

Nelson Evening Mail, Volume XV, Issue 219, 6 November 1880, Page 4

ALLEGED CONSPIRACY TO DEFRAUD.

[ Evening Post, November 3 ] Before Mr G. B. Davy, 8.M., at the Besident Magistrate's Court this morning Messrs Christopher Simpson, and John M'Lennan were charged on the information of Mr Henry Mace, who described himself as being at present a land agent, with having, on or about the 23rd July last, conspired together to defraud him, it beiDg alleged that Mr Simpson sold and deliverpo* to Mr M'Lennan, for the sum of £1000, a large quantity of cattle, regarded to be of the value of £40C0. Mr W. T. L. Travers appeared for the informant, Mr Buckley for the defendant, M'Leunarj, snrl Mr Gordon Allan for tbe defendant, Simpson. Mr Travera explained the circumstances under which the charge woe JnU, He said tbe net resulting from the alleged conspiracy, was the wrongful sale by Mr Simpson to Mr McLecuan of tho entile referred to, in which cattle Mr Mace wia interested cs a co-partner with Mr Simpson, and the latter bad no power, or ou thority to sell. Messrs Mace nnd Simp»on entered into partnership io 1877, in the business of stock farmers, upon n property called the B unease estate, near Foxton. The partnership pro* perty consisted of the land constituting tha estate, and the quantity of cnttle end other stock upon it. Under tbe t n rmß of the partnership agreement Mr Simpson wsb to be the manager of the estate, ord, as sue' 1 , would bavo the general control of the ordinary dealings of the firm in connection witb fhe property, Mr Mace btiug ihe per. coo who, it would be showD, supplied Ihe money neceeeory for carryiug on Ihe business. During the latter part cf the year 1879, tie business concern Dot proving so satisfactory Io the partners — and particularly to Mr Mice — 8* they had anticipated, they eudeavor-e-1 to dispose .of it, but ineffectually. Disputes beaan to arse between the partners, and it was ultimately deter, mined to dissolve partnership and wind tip their »ffairs. Mr Mace effered cither to buy out Mr fcimpson, or to be bought out by him ; Bnd at length a gentleman named Dr Eocketraw — he c!id not know whether be was any relative of the celebrated hero of * Pinafore " (laughter) — who, to a certain extent enjoyed ihe confidence of ))Oih parties, wbb instrumental in biioeSog about nn arrougement between the partners respecting tbe property. That arrangement was embodied in an agreement signed, by both parties, under which Mr Simpson w&s to become tbe purchaser of Mr Mace's interest in (he property upon certain terms. The agreement was to remain in force for a period of one month from the date thereof, in order to ffford an opportunity to Mr Simpson of raising the funds necessary fcr carrying it into effect. This period expired without Mr Simpeon haying succeeded in obtaining the necessary funds pbuf, just before it did expire, he applied to Mr Mace for en extension of tbe time, holding out hopes that the money would be forthcoming within a few dayß. Mr M'Lennan alao spoke-to Mr Mace on the fiulject, representing that be had been requested to do so by Mr Simpson. The interview took piece on the I7lh July — a Saturday— -and the agreement was dated the 23rd June, so that a few days remained for the expiration of tbe term agreed upon. The ol ject of the interview, which took place at the Occiden-

t3l Hotel, Wellington, was to induce Mr Mace to extend tbe time for the completion of the trenpnction. Mr Mace's reply wns to the effect that be was not setirfled with the prospect of Mr Simpson obtaining tbe money, and, moreover, that he hesitated to alter in any degree the e*ect terms of the arrangement, because he feared Buch »p act would give Mr Simpson some right to deal with the cattle on the station, which right the latter did not possess under tbe contract. Mr Mace also tbeu told Mt M'T ennon that Mr Simpson bnd no power to deal with the cattle without his (MacVe) consent, which would only be given if the cattle were to be put up to public auction. It appeared thfit Mr M'Lennan left Wellington on the 21et Jaly— two or three •Jays sftrT this intervipvi — and on the 22n1 ha saw Mi 1 Simreon, and tb>rp <*nd then completed tli« ruroruse from him of thecflule for £1000, immediately taking the cattle away from the station. The prosecution were informed that Mr M'Lennao sent a communication to n perBOQ u^oied John Reid, tbe overseer of the Oroura Downs Station ('oi which the cattle were purchased by Mr M'Lennan, asrosnager /or that station) io the effect that there woa a row between Mace and Sirnpacn, onl he t sought he would be able to get the CBUle from Simpson at a bargain." Jvetend of paying for the cattle in the ordinary way — by » cheque, for instance —Mr M'Lencan rfrew £1000 in bank notes from the Bank at Foxton, the history of which ootea v?a9 a somewhat remarkable one, for these notes were slated by Mr Snrpßon to h*ve been placed by him somewhere in the roof of <i bouse which was burnt down a few days afterwards under peculiar circumstances It ought to be mentioned, however, th»t ultimately Mr Mace did ngre to pxtecd the period previously referred to, and on the 2ad August Mr Simpeon's agfnt ttlegropbed to enquire whether Mr Mace would accept certain termp, the nature of which woulJ be given in evidence. Mr Mace immediately replied by telegram that he could not accept those terras, and singularly enough the very next day ;he house was burnt down, nnd tbe notes were alleged to have been burni with it. A search resulted in the diecovery of a mass of charred ptper in c 'particular position, supposed to be the notes in question. Although carefully examined by the analytical chemist attached to tbe Wellington Museum, the charred paper was found to contain do trace whatever such as to justify the supposition that it was the remains of Bank of New Zealand notes. No doubt it was something else, and whether tbe notes were burnt or not was a question which time alone would i solve. Mr Simpson cold the cattle without disclosing the fact to Mr Mace, and in a hurried manner; nnd, upon the evidence he (Mr Travers) intended to bear out these facts, be would submit there was sufficient to send the cese to a jury, in order to determine whether the accused were not guilty of a CO .- spiracy. Tbe prosecution would be able to show (hat some of the identical cattle were exhibited at the last Wanganui show, and took the best prizst over all other cattle in that district; and that only a few days sftvr the sale the owner of the Orous Downs station demanded from Mr Mace tie sum oi £600 for one bead of the cattle only. It was not easy, of coures, to prove at any time the actual agreement to do that which woulJ amount to a con-

spiracy; and he held that it would be quite sufficient to ebow in the present instance that two persons bod done a variety of tbinpf, ell of which tended to the perpetration of a fraud.