ALLEGED LONG FIRM CASE.

Auckland Star, Volume XXV, Issue 33, 7 February 1894, Page 8

ALLEGED LONG FIRM CASE.

THREE PERSIANS CHARGED WITH FRAUD AND CONSPIRACY.

A case ot unusual interesb was heard ab bhe R.M. Courb before Mr H. W. iNortbcrofb, Esq., R.M., thia morning, when bhree Persians, Moses Shein [alias James Miller), Neithen Shein (alias Frank Jackson, alias Miller, alias Smith) and Leon Shein (alias Frank Smith, alias Shynn) were charged o» remand with having on the 17th of January, 1894, ab Auckland, unlawfully, fraudulently and deceitfully conspired and agreed together to cheat and defraud of their goods and chabteU certain firms and persons to wib William McArbhur and Co., John Trenwith and Abbott, Owen aud Co., all of Auckland, merchanbs.

Mr W. J. Napier appeared for the aocused and Mr H. Campbell, instructed by Messrs Cook and Gray, prosecuted. Mr Napier explained that Mr O'Meagher, who waa bo have appeared for Millar and Smibh, had meb with an accidenb and had insbructed him to appear for all bhe accused. Mr Napier objected at bhe outset to the three charges being taken together, bub this waa overruled.

Mr Campbell in opening the case, said the modus overandi of the accused waa something as follows :—One of the accused, apparently, commenced business in Auckland by taking a place and beginning to make purchases of a large extent trom one of the firms mentioned in the information. In order to obtain credit be paid a considerable sum of money for a portion of the purchases he had made, and by this means he obtained tho confidence of tbe firm. The firm continued to supply goods bor some little time. Having obtained goods from this firm he had less difficulty in obtaining merchandise from other persons. The goods were disposed of principally by hawking and opening up stores in the country. The men shifted about and had many different names. The goods were sold aa rapidly as possible without regard apparently as to whether the disposal waß profitable or not. Mr Campbell said he would prove thab the money thus obtained was sent to Russia direct, and nob kept to meet their liabilities. Mr Campbell said he would also prove thab the accused were brothers. The firsb witne»3 called was John Kneebone, packer, for Abbott, Owen and Co. He remembered packing goods for a man named James Miller, about 22nd November, 1893. He could recognise the case, which he saw this morning. In these cases he had packed goods for Miller. In answer to Mr Napier witnesa said he did nob know the person for whom he packed bhe goods. William Hunter, carrier and coal and firewood merchant, residing in East-street, Newton, recognised all the accused, but did nob know their names. The accused answering to the name of Millar asked him (wibness) to carb several packages. These he conveyed from the store in Karangahape Road to the railway station. The other bwo accused, and, he bhoughb, anobher man were ab the store. He thought Miller accompanied him to the Railway Station. He recognised the cases at McArthur's warehouse as bhose he had carted. They wero marked "Smith, Inglewood." On the 23rd November he carted some more goods. Acting on Miller's instructions witness bad booked bhese goods to Inglewood, Taranaki. Thomas Rattle, stationmaster at Waitara, said he recognised the accused, Jackson and Smith. He first meb them in September. The accused Smibh inquired of wibness whether some goods had arrived consigned to Pearle. The goods—s cases and 3 packages — had arrived, and Smith paid the freight. A week later the goods were re-consigued to Smith, Inglewood. Tho reason for the change of name was thab accused thought Smith a better-sounding appellation than Pearle. Two months later he again saw Smith, who was in company with the other accused, Jackson. Some goods then returned to Waitara from Inglewood for Smith. The two accused opened a place of business ab Waitara, bub witness only knew' one of the pair, who wenb by the name of F. Smith. Witness had visited the shop and bought two pairs of children's shoes, for 6s. The shoes produced were the articles he bought. Tbe idea in bhe district was that the firm was selling goods very cheap. He had received a receipt (produced) signed by bhe accused, Smibh. He saw Smith sign the receipt. James Clement Webster, a clerk in his father's employment ab New Plymouth, deposed thab his father waa agenb for tho Norbhern S.S. Company. Ho know tho accused, Smith. He first met him on or aboub the 26th September in his father's office. Accused came to claim some goods consigned to Pearle. Smith produced no consignment note. The goods had arrived from the breakwater ab the Railway Station. Witness then railed the goods to Waitara.

George Percy Faris, stationmaster and postjnaster at Inglewood, recognised the accused Smith and Jackson. He remembered goods, consisting of 5 cases drapery and 1 packago, consigned to Smith, arriving on October 3rd. Smith claimed the goods and signed a receipt for them in the station book. On November 20th somo more goods arrived, and their freight was paid by Smith, who senb a carter for them. The accused opened a shop ab Inglewood about 3rd October, and were thereat intervals up to January. Henry John Julian, hotelkeeper at Inglewood, said ho knew the accused Smith and Jackson. He firsb meb Smith on the 28th October, 1893, whon accusod lodged with witness. He had a place of business ab Inglewood, bub lefb frequently to hawk goods. Jackson arrived at tbe hotel on the 17th Novembor, in company with a man whom witnoss knew by the name of Epstone. The last-named twain joined Smith, and worked with bim in the shop. One generally remained in tho shop, and the others hawked goods round the country. The plan Epstone was ball and dark, and informed wibness thab be (Epstone) waa troubled with rheumatics. He saw Smith and Jackson on a later occasion, and they finally lofb on the Bth January, 1894. Walter Chapman, a baker residing ab Eltham, Taranaki, said ho knew the two accused, Jackson and Smith. He firsb met Smith some time in October, when bhe labter was selling drapery. Accused returned bo Eltham in . December again in company with Jackson, who then wont by bhe name of Miller. Wibness renbed a shop bo bhe twain. A bhird man bhen appeared on the scene. He was ball and dark, and somewhab lame. The firm sold a considerable amounb of goods, and had the reputation of being very cheap. Several cases arrived for Smith, and wibness identified bhe cases now ab McArbhur and Co.'s as bhose he referred to. The accused in question had remarked that the goods were first-class, and warehouse articles.

Charles Fitch, reporter and canvasser for the " Egmont Settler," residing ab Eltham, recognised bhe accusod Smith and Jackson, known as Miller. He first met Smith ab Elbham in October last, whon accused started a drapery sale. He saw the two accused bogebhor with another man in December again. The trio were apparently acting in concert, Smith and Jackson remaining in the shop, and tho stranger distributing handbills. The latter was tall and dark, and walked lame, as though troubled with rheumatism. Witnoss did nob know his name. Wibness took an advertisement from Smith, and ib was published by bhe labber's instruction. He believed the lamo man left tbe district first.

John Searle, sn hotelkeepor ab Eltham, said he was acquainted with the accused, Jackson and Smith, the latter having first come to Eltham. He departed shortly after bub reburned in December wibh two

other men. one of whom was lame. Several lebters arrived ab bhe hotel addressed to Smibh. «