Frauds by a Local Preacher in Melbourne.

Auckland Star, Volume XVIII, Issue 69, 23 March 1887, Page 3

Frauds by a Local Preacher in Melbourne.

Our Melooilrne cabis news last week reported the conviction of a'ilWSil poacher | n Melbourne, of a sorios of gigantic frauds. Tho following particulars of the case, adduced in tho Poiice Court, show tho character of tho frauds perpetrated by this humbug. Augustus »myth, of South Brunewiok, a loßirf pronciior, waa charged by a new arrival in tho colony ilamert Ilotallick, of obtaining, by moanß of falso protbriCoPi tho sum of £3,500. Mr C. A. Smyth, Crown Prosocutor, appeared on bohalf of Retallick, and Mr Purvea and Mr Hood for the accufod. Tho ca?o for the "prosecution is brielly to tho cfT-;ct that tho prosecutor arrived in this colony in tho month of Juno, ISBS. bringing with hia.^a sum of £5,040. Directly after landing in Melbourno ho wont to tho Victoria Co fee I'alaco, in Collins-street, with ono Sarah Hetldry, and in tho roadingrcom he fell in with tha accusod, up to that time a perfect stranger to him. It ■.vs=i Sunday evonint:, and Eotalliek being a religious man, was much shocked to ccc persons plajing cards. Ho was pleasod, however, to notice that tho accused 12----fusod to join tho game, and this gratifying oircumstanco v.'as tho first thing that drew Ketallick's attention to him. Boiiig a stranger in the city, and ■without friends or acquaintances, Ilotallick openod up a conversation with Smyth, telling him ho had just arrived, and asking for friendly advice Afler some conversation Retallick d'ecovered that ho had met a "pious, God fouring, honest man," and mado an appointment to moet him on tho following day. When tiioy met Retalliek confided in Smyth his pecuniary position, and by tho letter's advice deposited £5,000 in tho English, Scottish and Australian Chartered Bank. A fast friendship then sprang up between them,) and boing taken to varioiu prayer meetings by Smjth, Rotal'ick became to lovo him exceedingly, to use hia own words. Eventually ho mado him advances of money, which Smyth undertook to invost upon mortgages to a very profitable extent. After waiting a considerable timo and not getting his deeds ho conferred with Mr Crisp, his solicitor, henco tho present charges of fmud. Tho prosecutor in his evidence said: — The prisoner stated on sevoral occasions that the party to whom ho had lent tho money was immensely rich, but ha did not want; anyone to know that he had anything to do with a morffcaao. A few days subsequent to this ho informed witness that ho had received a letter from hia solicitor in Sydney, which was to the effect that their client considered tho busio3es transaction no strictly private that the acceptance of the third porran must bo doclined. About tho saino timo accused referred to tho making oisoinarepiirs to a gato at his Ascot Vale property, aud witness accompanied him thoro. Pointing out tho property to witness, ho said he paid £1,000 for it, and was gotting £50 rent per annum. In tho early part of February he informed witness that ho had something

"sticking out1' for the witness's "broad Oiculdors." About tho 4rh or sth of February they wont to the woodyard at Brunswick, whero nccuted was going to take a wood eidit/g. Witness was to be tho working foremin, and to receive £8 a week, He rcmarkod " This is a business that will become a hig thing offer a bit," and ndded, " tho officials at the railway stations do not tako cheques for rents and freights without pormiE&ion from the railway authorities, who require me to pay £600 os a guarantee in drawing cheques." Accordingly witnofs gavo him a cheque for £.")00, and be said, "of course whatever overdraft you are charged, I'll mako up." On tho fifth of April uccused visited witnots, and piid tl o interest. He said, "Lend mo £300, and I'll mako everything square at the end of tho year,' and witnees did so. On the 7th of April witness told accused that ho had an application from Mr Sims, houFO ngont, at Brunswick for £000. fi ccur-ed said, " Well.Thomas.if you lend £400 here, and £COO there, and other 'urns elsewhere, you will want a clerk to collect your interest. If 1 woro you I'd take up a mortgage of £3,000 or £4,000 at once," and witness asked accused as a practical man if ho thought such a mortgage could be obtaiucd. Accused said ho knew one of tho best and oldest firms in the colo nios at Sydney. A fosv days later ho said to witness that he had received a letter from hi? solicitors, which read thus:—

"Dear Sir,—ln reply to your inquiry, wo havo c'ients, one for £7,000, ono for £5 000, and ono for £3,700." Accused pulded that lio was point: to take up the £f),000 one, and askod witness what he thought about tho ono for £3,700. "It was at 7-i por cent, and he thought 8 per cent, would bo obtained." A few days Eubecquout to this convereation ho called the attention of witness to some property in Park-ftrost woet, near Brunswick, which was for private sale. There was a fine house, fh?(i.', fee, on tho land. One morning afterwards lio paid, "I'm asked if I will ?tand to my offor for it," adding " Its a bargain, but its under the power of tvnstrnoe.who livo in England,and a deposit of£GOO is required." Accused did not have onoufh money to pay tho deposit, and witness let him havo £850. At tho same timo witness was informed by him that tho £3,700 mort^ago wop secured. Up to this stase witr.sps had advanced him i"t,350 Witnef's lixed deposit, was upon tho 30th June, and on the 3rd of July he gave tho accused his bank book and tho deposit note to withdraw Hie account. On tho following Monday accused returnod him tho bank book. When witness gavo accused tho bank book he also gave him a blauk cheque for tho purposes of winding up the account. Tho body of tho cheque was in accused a handwritin?, except the word " self;" witoem noticed by tho bunk book that there WBS a bnlarco of £019 5s 3d. After doing Fomo figuring relative to interest in various sums, acensori saH, "Now, Thomae, I have already got £3,350, and have secured that mortgage fur you. If you lot me havo £300 more it will make tho £3700. I will give you a receipt for the £3,700 until tho deeds coino. Witness then received a receipt from him, and also a ohequo for £302 10d 3d, the balanco at bank still remaining to witness. On the evoning of the 7th licensed eaid, "Thomas, will you bring me that receipt I gave you, for I don't think iff is right, and I will give you another." Witness complied, and received another, which was now produced in Court Soon afterwards tho accused wont to Sydney, and returned in two days, paying that ho had arranged about tho d< eds, which would be forwarded in duo course to a fifm of solicitors in Mdbonrno. Witness was given to understand tint ocicueo-1 had taken up tho mortgage of £F,OOO. On the 9th September accused visited tho office at the wood yard and said, " I have mado yon a power of attorney, Thomns, and I am going to Sydney for a fortnight. It's' very likely that whilst I'm away your doeda aid mine will bo Ecnt to Melbourne You'll be likely to got a telegram from a h'nn_ of Folicttbra tliera for tho purpose of signing for tho-o deeds " Holding the power of attorney in his hand, amused faid, "Be auro you take this, for you'll also havo to sign for mine." Witness wrote to accused, and received tho follnwing reply :-"Sydney, 15thSeptember, ISS6. My doar Thomas I have waited until to day, thinking I mi^ht bo able now to say definitely when I ehail be ready to return, but I cannot yet say. I roceiv6d your Monday letter yesterday, and was glad to hoar from you, and fo far it seems you were then getting along all riirht, except there is your usual misgivings as to your own capacity, and underrating your own abilities and service. Tho scant supply of blocks, and above all the sad calamity you narrate of Saturday ovoning, is sad news indeed But poor Hawkins's

fate is most appalling. lorn glod it was at a time when you were not at hand to realise to great a shock. We must for a tiino grin and bear theexactionsof tbeßailway Depart mont. I hope the deputation on Tuesday made a favourable impression. I am };lad to hear that you enjoyed your Sunday evening's outiDg. It in a blessing to have a relish for good things in the midßt of life's worries and toils; for, after all, the endless life is more important by far than this mortal life. May we live in a growing preparation for the better and brighter world to come. lam afraid I shall not get to Melbourne this week. . . &c - Believe me, dear Thomas, yours faithfully,—C. A. Smyth" About the 24th of September he returned, and paid, " Well, Thomas, I went to thn policitor's qnite expecting 10 bring back the deeda with me, but to rr.y surprise they had not commenced toprepare them. You know what Folieituva are, especially those large firms ; but I've hurried them on, and they will be sont to M elbourne very soon. Your interest on the deede commenced on the l<it of Anpusti." On the Oth of October he said, " Xhotnas, I am going to New Zealand tomorrow by a fast boat, which will take me there in e'ix days. I'm going on business, and will return in 15 or 18 days. Witness did not see him again till the 22nd November. Meanwhile Retallick, at

laab becoming suspicious, vfpnt to the Federal Bank, and found that accnsed had no account there ; also that accUSea s statement about managing Parry and Harcourt's drapery business at South Melbotlrno at n salary of £6 for the first three mrtaths and £10 per Weok afterwards was a falsehood. Smyth; however, persuaded Retallicfc's thai ho had, wronged Mm, and saying that ho wanted to e*op any possibility of an evil report that hs &ad gpna with Retalliads's money, persuaded hitri to sign the following: -"Brun3W)ck,Nov. 23rd, IS.SG. To all whom it may concern. —In consequence of Mr C. A. Smyth's return to Melbourne, I hasten to make what amends I can for having somewhat prematurely spoken of his abaenco tiS causing aie some anxiety. It appears that a postal fflisssraags of a latter and other matters led to the uniottafd circumstance referred to, and I am extremely sorry for any pain I may havo caused him or his family.—Thomas Retallick." To this tho accused added, " I hereby appoint Mr H. Jonos custodian of this memo , and request him to submit the samo to the perusal of all infcarestod parsons." Wltnens signed tho memo, because there was nothing in it likely to do him any harm, and it would satisfy the accused. Subsequently prosecutor received tho following letter ••— " Geelong, 2(ith November, ISSG. VeCt Thomas, I hastened by cab to eoe you before you had started for home, but arrived too late. I was prepared to give you fair satisfaction, which is, of course, a relief, although acting upon advice I should just at this period act otherwise. One thing is certain, my position has been mado so painful by your indiscretion that it has almost prostrated ma, and I have reached this place to-night f.o very ill that I thought I would drop you a line, as 1 am not going to crush my life by parading about Melbourne until by some reasonable means I am set right with the public, and my health is such, with my heart affection, that I am only acting on medical advice, I waa obliged to seek today, by coming here for rest. If I feel equal to it, I shall see you to-morrow or Saturday. I owe you no,ill will, and hope you are fealing bettor.—iours, kc.j G. A. Smyth." Of course the confiding Retallick never saw his money.