"NOT CRIMINALS."

Auckland Star, Volume LXI, Issue 237, 7 October 1930, Page 8

"NOT CRIMINALS."

SECOND-HAND CAR DEAL MAGISTRATE'S DECISION. "A LITTLE SHARP PRACTICE." A rather involved motor car deal was the cause of two piano tuners appcap. ing in the Police Court this morning. They -were Francis Victor Hanks (35) and Edward Albert Hayden (24), both of whom were charged with stealing a motor car valued at £15, the property of Northern Automobiles, Ltd; obtaining "' £15 from William Pjcton Butler by falsely representing that the car w<l g their own property; ana unlawfullydisposing of the car, belonging to North, em Automobiles, Ltd., and held on lii re ] purchase agreement, thereby committing theft. The first charge was withdrawn on the application of Detective Sergeant Kelly, who said he would offer no ovi dence. A further charge was laid a*amsf Hanks, that at Taumaruuui he did nub , , hdy use, in connection witli his biri" ness of piano tuner and mechanic tL" ' abbreviation A.M.T.A., snc h .bbfrffi tion being contrary to fact and intended ' to cause a person to believe he-'Vm II associate of the Musical Tuners' W ciation, London. , °" < Mr. K. C. Aikens appeared for H-mW who denied all charges. ks, Percy Free, direefm- n t v j, Automobiles, Ltd. SVat hand car was sold by his finn to £b on January 3 last for-£25, under afe purchase agreement. A deposit of £q" was paid with weekly instalments of £1 to follow. Only two instalments were paid. On February f, received a telegram from Hanks stating that the car had broken down Hanks inquired whether the insurance covered the breakdown. Four days later 1 6 received a letter from Hanks, who said that the car had already cost him more than he had paid for it. He asked if he could surrender the car. He also said in his letter that a resident near Waih'i was prepared to take over the car for £10. The sum of £20 0/5, including insurance on the vehicle, was still oWhijr Witness replied to the telegram and letter stating that he would leave the whole matter in the hands of Mr. H. Wrigley, agent for Northern Automobiles, Ltd., at Waihi. . i v Agent's Evidence. . Mr. Aikens: Did you receive a telegram from Hanks offering you the car at £10?— Not that I can remember. You know Wrigley's handwriting, I suppose?— Yes. Are these his initials on this receipt for £2?— They look like Mr. Wrigley's;. ' "What is the receipt for?" asked the magistrate. Counsel said the receipt was given by Wrigley to Hayden for a deposit of £2 i paid on the car, the total price being£lo. • ■■ ■ Horace Wrigley, of Wailii, said ; \he* saw Hayden at Waihi, and Hhydeiij' said lie was taking over the tsir frtiiu.' Hanks. Witness agreed to this and the £2 was received on behalf of Northern Automobiles, Ltd. Mr. Hunt (to Wrigley): Well, that lets Hanks out of this matter, as fains I can see. Witness added that he sent a truck into the country to bring the car back to Waihi, Hayden paying for the hire of" the truck. Hayden was to take the car down to ascertain whether it was worth-, repairing. The next time witness saw thecar it was in Butler's possession. 3\lr. Hunt: Why did you not make out a new hire-purchase contract with Hayden?—l merely took his word for it. , Mr. Aikens: You signed the informal tion ? —Yes.

Mr. Hunt: I think you should have got a little legal advice before you did that. At this stage counsel submitted that there was no case to answer, as the evidence showed i.t was a straight-out sale to Ha yd en. Farmer's Purchase for £15.. ■ William Picton Butler, farmer, of Wailri, said ho met Hayden and Hanks walking towards Wailii, away from their disabled car, which was on the roadside. Tho ear was left at witness' place on the understanding that it was to be taken away in a day or so. After it had been at witness' farm for three weeks ho reported tho matter to the Wailii police. Afterwards, when in Wailii, ho saw Hanks, who later took the car away. On February 2G last Hayden telephoned witness and offered him the car for £20. Both Hanks'and Hayden later called to see him, and he eventually bought the car for £15. Hanks seemed to do tho selling, although at Hanks, request, witness made out the cheque to Hayden. Hanks transferred the car to Hayden at Pacroa on February 27, and the same day it was sold to witness for £15. Detective Xaldcr said both accused were, located at Marton on September 17. lie produced statements made by. both men to the Marton police. . "I think these two men had been working a little sharp practice, 'but I am not prepared to say it was in any , way criminal," said Mr. Hunt. "The money is owing on the car all right, but it can be- recovered civilly. It is quite apparent that tho agent at Waihi was not an alert man by any means. There is nothing to warrant convicting .cither man of a' criminal. ofYcncc and the charges will therefore be dismissed."' Tho charge against Hanks, of using the letters "A.M.T.A.," was adjourned sine die. :