ALLEGED FALSE PRETENCES

Taranaki Daily News, Volume LII, Issue 169, 10 August 1909, Page 4

ALLEGED FALSE PRETENCES

THE TROUBLES OF THOSE WHO PAY.

In the Magistrate's Court yesterday morning, before Mr. 11. S. Fitzherbert, S.M., Ivlmund Janverin Norton Taylor, an eld. liy man, was charged, upon the information of Arthur Cleave, of Auckland, that 011 2nd August, 1909, at New Plvmiouth. did unlawfully obtain the sum of CO Is Ud from Gilmour and Clarke liv means of a certain false pretence, to wit, by representing that he was authorised to collect money on behalf on one Arthur Cleave, with Intent to defraud the said Gilmour and Clarke, and convert the said £0 Is Od to his own use. James' Clarke, of the linn of Gilmour and Clarke gave evidence that on Monday last the accused came to their ollice end asked them to advance him £1 on an order on Arthur Cleave and Co. Witness said lie wouldn't do that, as he wasn't a banker, but.they owed the firm an account, and they would pay it to' hiinr Accused said, "That will, be better," and witness gave him . a cliecpie for £6 Is lid. He knew that. Taylor was in (.'leave's employ, and had met liini in that capacity. Tu the Magistrate: lie proft'ercd the (lioquc,: Taylor did not ask fur it or say lie had authority to collect (lie''money. Arthur Cleave's evidence '.was to the elVeet that Taylor was employed by him i.'S a canvasser for his various journals, but he was not authorised to collect any money on his behalf. Upon receiving from Gilmour and Clarke a :iotiliention that they had paid their account to accused he immediately instituted the present proceedings. To the Bench: Taylor had not accounted for the money, nor had be had :i7iy communication from the accused, in any shape or form, since July 27th. The Bench: Then you didn't ask Win for this money?— No. Don't you think it would have been better to have asked him for it before taking these proceedings■?—No, knowing Mr. Taylor as I do. I had telegrams trom other firms in Newi Plymouth as well—

The Magistrate interrupted the witness, saying the Court could not take that matter into consideration.

By the accused: The printed order forma supplied to hint for canvassing purposes, while mentioning the amount of subscriptions payable "in advance," did not imply an authority to collect the amounts or any other moneys. This closed the case for the prosecution.

The accused elected to give evidence on his own behalf, and entered the box. His story was that he was employed in canvassing, and was regularly supplied with copies of Mr. Cleave's journals. He considered that he would only he doing Mr. Cleave a service by collecting moneys where due, and the more lie collected the better for the firm. He lad received this money and had intended accounting for it to his employer, but he held it temporarily for expenses, because his previous week's- salary had not come to hand. He had no intention of doing wrong, for Mr. Cleave had been very kind to him always, having«given him employment when he was in sore need of it.

To the Magistrate: He had not known that this money was owing by Gilmour and Clarke. He simply asked Mr.'blarke to honor his order, and the cheque was paid him. He felt he was justified in taking the money. He denied having said that his usual way of getting his wages was by drawing upon the firm in this way. Sergeant Haddrcll: You collected £6 odd, where is' it? Accused: Some of it I have— The Sergeant: Yes. you had 30s 8d when you were arrested. Where is the rest?

Accused: I must admit that it went in a very foolish wav. '

The SergeaTit: You spent it in drink, eh? Didn't you collect money in the same way from other firms—from Nolan and Co., for instance?

Accused: Yes. I gave Nolans an order on Mr. Cleave.

The Magistrate said his difficulty in this case was lo find the alleged false pretence. The accused might have been charged under section 220 of the Crimiiwl Code with receiving money and failing to account for it. He had been wrongly chimed. Although the man might have done wrong, it was quite clear that there was no false pretence, and he could not convict upon this information.

Sergeant Hmlilrell said Mr. Clcivc would amend the information, but Mr Fitzherbert said a fresh information would be nece-.arv. || ( . , v; , s „ot certain, either, that (he c as'e would succeed before a jury on a charge of failin.. to account for Ihe inonev, n for he had not had much time to send" in an account vet. After some further cvplnn.v linn, die Magistrate said he was not at (ill "nlisficd that there had been hW "relence and he inusl give the accused the benefit of the doubt. The information would be dismissed.