FIVE CHARGES

Ashburton Guardian, Volume 57, Issue 28, 12 November 1936, Page 3

FIVE CHARGES

5 ! ALLEGED FALSE PRETENCES. MOTOR-CAR AS A PRIZE. (Per Press Association.} WELLINGTON, November 11. The bearing of the case in false pretences in the conduct of a competition lor which a motor-car was offered as a prize are alleged was continued in the Magistrate’s Court this afternoon, live charges are jointly made against Harold Fairchild Poba,r, an agent, Bertram Egley, a company, secretary, and Hannath Noel Blake Marshall, a company director. Five charges were made against them jointly. Victor William Simpson, chairman of the board of control of the Wellington Rugby League, said that in July, 1935, Pobar and Blake suggested to him a test of skill competition, the net proceeds to be given to the 'Wellington Rugby League. The proposal was that the league should receive the net profits and 7j per cent.* of all gross sales was to be banked to the credit of the league. It was agreed that Pobar and Blake were each to receive £4 a week as wages, plus all expenses and finally a* bonus and 15 per cent, of the profits. The competition was. to compute how long the engine or the prize car would run on 18 gallons of petrol under certain given set conditions. Witness communicated with National Motors, Ltd., and saw the defendant, Marshall, who showed him what he understood was a receipt for the price of the car, which l obar said bad been paid for in cash. Marshall gave an undertaking for National Motors that the car would be sealed and held in safe custody by the firm until the final test, it was also arranged that the Rugby League's auditor should inspect the books and keep the league informed of the position. After getting legal advice that the test did not contravene the law, the league agreed to the competition. It had received £42 11s from it. Witness informed Pobar that the position was unsatisfactory, and asked him for more money. Pobar said that the expenses had been much higher than was anticipated, in addition to which, he said, he had difficulty with his partner and canvassers, and was not in a position to pay further money. When the date for tho final test arrived, witness expected National Motors to hold it. When he found the test did not take place, the league dissociated itself from the whole business. Later lie saw an advertisement extending the date, and still another ill which National Motors dissociated themselves from the competition. AVitliess became concerned about the delivery of the car. Pobar said that the expenses had been such that he was unable to find the necessary money to carry out the final test. AA itness insisted on the test going on, and gave Pobar approximately £lO for it. AV itness was not present at the final test. “An Amicable Arrangement.’* Pobar said lie had found a winner in AYollington and had come to an amicable arrangement with the winner over the fact that the car was subject to a bill of sale. That car was in March. Witness had been informed of the bill of sale in February by Egley, but did not know till just before the test that the car bad been unsealed and in use. Had lie known of the bill of sale he would not have agreed to the proposal. Kennett James Blake gave evidence of selling tickets in the competition with Pobar in Auckland, AYollington, and Christchurch. In Christchurch they had with them the prize car, but it was not run in Auckland. AV itness borrowed the car from the agents. Pobar came to Auckland in the car, which he said ho brought as a demonstrator. That car was later used in demonstrating in Auckland, Hamilton, and New Plymouth. Before the dissolution of the partnership between him and Pobar witness did not know that it was the prize car. He was not sure of it now. Ho was not aware up to the dissolution of the partnership that the seals on the prize car had been broken at New Plymouth. The car was seized by Marshall, who said that the payments had not been kept up. Pobar suggested dissolving partnership, giving as his reason witness’s failure to keep in touch with the office. AVitncss later agreed to dissolve partnership, and the deed was drawn up and signed. After November, 1935, witness’s only connection with ihe competition was as an agent. Andrew Robertson Grim wood, director of Guarantors,. Ltd., said that his firm seized the car before the final test. It was therefore not available to the winner unless lie paid off the hill of sale. Further witnesses gave evidence dealing mainly with accused’s financial transactions. Ten witnesses were heard to-day, and 15 remain to be called when the hearing is continued to-morrow.