THIRD EDITION ORDERS BY 'PHONE

Evening Post, Volume XCVIII, Issue 114, 11 November 1919, Page 8

THIRD EDITION ORDERS BY 'PHONE

ALLEGED FALSE PRETENCES

IN PROCURING WHISKY

A young> man named Herbert Maloney was charged before his Honour Mr. Justice Hosking to-day on nine counts of alleged false pretences .in obtaining from various firms'in the city ten cases of whisky by using the name of Georgo Nash, of Wadestown. The firms in ques tion weVe Messrs. Ellis and Manton, Pearson and Co., Levin and Co., Laery, Beveridge and Co., and E. T. Taylor. Mr. P. S. K. Macassey conducted the case for the Crown, and Mr. P. B. Broad appeared for the accused. Mr. L. J. Gray was foreman of the jury. Asked to plead, Maloney said he pleaded guilty to obtaining the whisky on Mr. Nash's behalf.

His Honour entered a plea of not guilty.

In outlining the case for the Crown, Mr. Ma.cassey said that the accused had admitted obtaining the whisky, arid that he contended he had been acting on instructions from Mr. George Nash, of Wadestown, and that the goods had been handed over to him.. The accused was known to Mr. Nash, but they had not spoken together for some considerable time. The accused had ning up different firms on the telephone, it was stated, declaring he was speaking on behalf of Mr. Nash and ordering whisky, which lie later called for and obtained. The receipts wore signed in various signatures by the accused.

Evidence was given by a large number of witnesses as. to 'the travisactions in question, the testimony being on the lines of .that given in the lower Court.

George Nash, residing at Wadestown, said he had carried on business as a dairyman for many years in a large way. He knew the accused as a steward at the Central Club more than twelve months ago. In June last accused came to witness's house at 11.30 p.m., and after an altercation, witness gave him in charge. He had not been on speaking terms with the accused, and he had never given the accused any authority to order whisky for him, nor had he received a single bottle through the accused, of all the cases ordered. He had repudiated liability for the accounts sent in for the whisky the accused had ordered.

At this sjjage the Court adjourned until the afternoon.

On the resumption of proceedings, witness, in cross-examination by Air. Broad, said he believed that-he authorised Maloiiey to order one case of whisky for him. He had got three cases .of whisky in three weeks from T. and W. Young.

Mr. Broad: "Did not Maloney sign for two of these cases?"

_ Witness said that Maloney was authorised to get one of tho cases. It was quite possible that his brother asked accused to get the cases. He had never been threatened by T. and W. Young. He might have told the accused to sign any name some months ago, but he had not authorised the accused to get any of the cases mentioned in the present charge. He had not o^ked the accused to leave the cases by his bedrooov window. He never drank whisky in his own house, and he had not touched any for a long time. He had not bee-i drinking whisky at the time these cases hp.d been obtained. So far as lie knew, n man named Golding had never been brought up on a similar charge at his information. - ' ....-.• ■-.'<

Walter Dennie, ex-police commissioner and handwriting expert, said that he was of opinion that .the signatures to the" receipts for the different caees of whisky were by the same hand.

Detective Black gave evidence as to arresting the accused, who made a statement on the lines already given in the evidence in the Lower Court. The accused had been arrested on 27th May on a charge ■of being illegally on tho premises' of George Nash. He was sentenced to one month's imprisonment on' 4th June. The prisoner had denied all knowledge of the counts in the charge. In defence, the accused gave evidence on his own behalf. He had known George Nash four or five years, first meeting him as steward of tho Central Club. He had stayed at Nash's place, and stopped in the same room with him for some months. One of his jobs was to ■ take up whisky for Nash. This practice continued for about twelve months. He had got three cases in three weeks from T. arid W. Younpr, and five cases from Harold Brown. This was before the trouble on the 27th May. He had never gone •with Nash's brother for whisky for Nash. '

(Proceeding.