ALLEGED CONSPIRACY.

Waikato Times, Volume XXXVIII, Issue 3068, 15 March 1892, Page 2

ALLEGED CONSPIRACY.

THE PROSECUTION BREAKS DOWN. (BY TRLBORAPU.—OWN CORRHSPOXnKST) I Auckland, La--r, Xiglit. Hon. J. B. Whyto and Alfred l< , . Ethrid'-'e late Receiver of Crown Land* Kovenut;, ware charged :it tho R. M. Court to-day with crispincy t> defr.iud by alleged substitution of land Hcri|» for cash. Mr Button, for tho prosecution, stit?.d that ho. was unable t'i iincced owing t , ) the absence of the principni witm;**, Archibald Grandison, wli-> left for England by the Tiiinui, on tho 3rd of March. By sut.uikgment Ar Button wont on to statn the facts upon winch the prosecution relied hud they been able to gut Grandison. Janet Grandi"on, wife of Archibald Grandism purchased 272 aeivs of land, and paid foe it by lier husband's cheque for £103 3s 7d. The cheqne was drawn by Archibald Grandison and made payable to the Crown Lands nr the beiir.-r. It was paid <m Sept. 30, 1880, to the Receiver of Crown Lands, and entered bv him as cash in the Crown lands book. Hβ entered £103 3s 7d as cash, but the figures one and nought are scratched out in rod ink, leaving tho receipts in cash for £3 3s. 7d, whereas under the column for scrip AIOO is filled in. This cheque was stamped by the receiver with the usual stamp at the Grown Land Office, and his own name placed upon it. On tho same dm , ihis cheque was paid by the defendant Whyte into his own account at the Bank of New Zealand. The presumption was that the two defendants conspired together to represent that the Crown land had been paid for in ocrip instead of in cash. Mr Theo Cooper, who appeared for Whyte, expressed sincere regret that the prosecution was unable to proceed. There was nothing on the face of the cheque to convey any knowledge on White's part that an improper act had been cjrnmitted. Mr Mahoney also spoke on behalf of Etheridee, and argued that even if the facts as alleged had been proved, there was no evidence of a criminal act. Dr. Giles dismissed the case.