Surprise Charge in £4,700 Appeal

Taranaki Central Press, Volume IV, Issue 370, 26 February 1937, Page 8

Surprise Charge in £4,700 Appeal

«EUBGED“—SAYS K.O. Allegations that “most amazing in* formation” against a woman had been received since a £4,719 award to her for malicious prosecution were made in the Appeal Court, London, recently. Count-er-charges were made on the woman’s behalf that this information had been forged. Sir Patrick Hastings, K.C., sought leave to call further evidence for the appeal by Mr Phillip Lazarus, J.P., and his son Adolph, calico printers, Bury Old road, Salford. At Manchester Assizes in July they were ordered to pay £4,719 damages for malicious prosecution to Mrs Frances Irene Lowick, who was formerly in their employ. He explained that Mrs Lowick, who was 21, had been employed by them as a clerk.

On October, 1935, they prosecuted her for forgery. A comparatively small sum of about £l7O, with the cheques which were the subject of the charge, was mentioned, but in effect the amount was about £l,OOO. There was no evidence at all as to what had been done by her after she as supposed to have had that money. In the circumstances the magistrate dismissed the information. Thereupon she brought her action for malicious prosecution.

“Since the hearing most amazing information has come into the possession of the men,” said Sir Patrick. “Information has come from a dressshop—their books have been seen by the solicitor, Mr Kershaw, who is instructing me—that between April, and April, 1930, this girl bought from them £651 worth of clothes. She was arrested in October, 1935.

“Between April 26, 1935, and October 11, 1935, when, she left the Lazarus’s employment, she had paid on account of her indebtedness £4OO.

‘‘She had paid for her clothes always in £1 notes within a day or so of the dates of the alleged forgery of the individual cheques. “In addition,” said Sir Patrick, “somebody went into a pawnbroker’s in Manchester on December 4, 1935, and took with her two wrist watches and one diamond ring on which about £2O was advanced. They were pledged in. the name of Beatrice Charters, a young woman in the employment of the dress shop. “Beatrice Charters says no jewellery of hers was pledged at all and that she knows nothing about it. “Pledging notes have been inspected and Mr Kershaw states they are clearly in the handwriting of Mrs Lowick.” Mr E. G. Hemnierde, K.C. (for Mrs Lowick), said: “We heard of this new evidence only on Friday, but our case will be that these books that are supposed to convict Mrs Lowick are forged and have been forged since that verdict was given so as to meet a desperate situation.

“Mrs Lowick will tell you that the very people who are now coming forward are people who within a week of the verdict asked her to put £2,000 of her damages in their business. “I shall probably went to submit certain writing in these books to a very famous expert in London who will be able to tell the dates of the writing.” Lord Justice Greer adjourned the application.