CHARGES OF FRAUD.

Auckland Star, Volume LIX, Issue 260, 2 November 1928, Page 7

CHARGES OF FRAUD.

YOUNG SWISS INVOLVED.

AN ADVERTISING SCHEME.

QUESTION OF OWNERSHIP. ■-<_.

A 21-year-old Swiss—Maurice Emile Gander —who was arrested in Sydney and extradited to New Zealand, owing to complications arising over the disposal of a novel advertising scheme.in Auckland, was tried in the Supreme Court this morning before Mr. Justice Blair and a jury on charges of false pretences and theft.

It was alleged (1) that prisoner, between June 20 and ouly 5 last, with intent to defraud, obtained from John Edward Hutchinson the sum of £10 by falsely representing he was the owner of the advertime clock system; (2) that by similar representation he obtained £167 from Elizabeth Ann Dawson; and (3) that on July 16 he stole a typewriter, a motor car indicator and a directory, valued at £24 5/, the property of Elizabeth Ann Dawson.

Represented by Mr. Northcoft and Mr. Vialoux, Gander entered a plea of not guilty.

For the prosecution, Mr. Hubble said the facts briefly were that prisoner first of all sold his advertising system, which consisted of an idea for advertising round the face of a clock, to Mr. Hutchinson. The latter paid only £10 deposit, but the Crown alleged that from that time the accused was not entitled to sell the clocks. Subsequently, however, he disposed of the whole of the business to Miss Dawson for £167, including the advertime portion of it which he had actually sold to Mr. Hutchinson. The charge of theft arose out of the fact that Miss Dawson acquired the furniture in the business, in addition to its rights and agencies, and, according to her understanding, the typewriter and indicator i were included in the transaction. On July 16 prisoner left New Zealapd by the Aorangi, but he was subsequently arrested as a result of a chance meeting between Miss Dawson and Hutchinson, and their exchanging of experiences. It was not suggested that Gander suddenly made up his mind to bolt to Sydney, because it was known his intention was to return to his native country. When a cable was sent to prisoner relative to the articles that were missing from the business after his departure, he replied pointing out that they were not included under the heading of furniture, and, if required, would cost extra. However, Miss Dawson declared that the typewriter was discussed while the furniture was being inspected. Therefore, added Mr. Hubble, Gander's conduct at the very, best was very misleading. Te Kataahi Kawera Thompson, travel' ling salesman, said he had called at accused's office in Auckland and acquainted him with an advertising scheme of his own invention. He agreed to canvass on accused paying him a salary. Witness said he patented his idea, but under cross-examination admitted that the patent was not protected. Only the name of the advertising system was

protected. J. E. Hutchinson, indent agent, said on June 26 an agreement was entered into between accused, himself and William Castle and William Keenan to purchase the advertising system for £75. Witness said he and the two others had paid £10 deposit for twenty cabinets. Cross-examined witness said he waa of the impression that he was to purchase the patented idea along with the cabinets. Prisoner had made no secret of his movements at any time. William F. Keen&n said he had talked the advertising scheme over with Hutchinson and accused. Gander led him to believe he owned the business. Crossexamined, witness said he believed the agreement in respect to the system waa still binding. The document provided for the delivery of the cabinets,. but contained nothing about the transfer x>l patent rights. (Proceeding.)