ARMY OFFICER CHARGED.

Auckland Star, Volume LIX, Issue 258, 31 October 1928, Page 7

ARMY OFFICER CHARGED.

TROUBLE OVER A CAR. '~ \ I CASE IN SUPREME COURT. FALSE PRETENCES ALLEGED. "y • I An Englishman, Geoffrey Edward' Gibson Forster (29), (Mr. Schramm), a retired olEcer of the regular army, who had been on service in India, was placed on his trial at the Supreme Court this morning before Mr. Justice Smith-• on charges of false pretences and theft..Mr. V. R. Meredith prosecuted. The charges related to a motor car, owned by Jennie F. Syme, clerk of a Whangarei dairy company. Case for Prose cation. The Crown Prosecutor said the main issue alleged was that, by making false statements, accused obtained from Miss Syme, possession of her motor car, knowing he could not pay for it. The parties met in a boarding-house at Devonport and Forster represented that he had an interest in an agricultural experimental farm at Morrinsville. He said he' had just sold a car, and discussed the purchase of her car with complainant. In April, he obtained the car on trial, agreeing to pay £10 a week if he did not purchase it. The valuation of the car was £150. Forster disappeared for a time, and it was not until some months later that the car was recovered at Thames, where it had been detained by a hotelkeeper under a lien. Interviewed by the police, Forster admitted that when he originally took the car he had no means of paying. In evidence, Jennie F. Syme said Forster represeuted himsqlf as a man in a good financial position. She read correspondence showing that accused had agreed to take the car at her valuation, but later he stated that he had expert advice that the value of the car was from £75 to £100. She agreed on a compromise, and offered to sell for £135. Forster made a number of promises of payment, which he failed to satisfy. Accused's Story. Accused, from the witness-box, said his father was vicar of Bradford. He wished to obtain complainant's car in connection with his work, and denied having said to complainant that he had a car in New Zealand. He had no spare cash when he discussed the purchase of a car with Miss Syme. Mr. Meredith: How were you going to pay for the car Accused: "I was receiving £3 a. week in wages, and had my niontnly amounts of £3 from England.

Do you suggest that was sufficient to enable you to pay for the car?—Xo.

What other prospects of making payment had you at that time?—x was expecting a claim in the form of a gratuity from the War Office.

A letter was produced by counsel showing that at tiie eud of Jilarch accused received notification from his father that it Was the last occasion on which he would be a charge on the family exchequer. This accused admitted, but he saia he expected his prospects would bring about a continuance of the remittances as soon as they became known to his father. Wrote to Lady for Monty. Counsel produced a further letter showing that accused had written to a young lauy in England asking for £20, and she replied it was not easy to borrow'from relatives, and she was unable to send the money. ■' T' ' Mr. Meredith: Why did you 1 go past your father I —My father was not corresponding regulariy with me. Had you written to him ?—No. _ The letter showed that the young lady had previously sent out to accused 'her reserve savings of £21>0. When you wrote to the young lady in £ngland was that the omy source you haa to go to for £20?—2i0. Questioned next regarding a position he said he held with an Auckland £rm, accused replied he was a salesman on commission and had prospects of being appointed a district manager. The car had been seized at Thames, explained accused, because he had left a hotel in which he was staying without paying his board.

His Honor, in summing up, said the jury should be able, witnout great difficulty, to arrive at the imerence that accused had no reasonable prospect of paying for the car when he obtained it irom jJiss Syme.

Tlie jury, after an adjournment of a quarter 01 an liour, returned a verdict mat the accused was guilty on the charge of false pretences ana not guilty on ttoe theft charge.

Sentence was deferred until Saturday.