MOCK TRIAL.

Auckland Star, Volume LXII, Issue 53, 4 March 1931, Page 9

MOCK TRIAL.

i CREDITMEN AMUSED.

AFFAIRS OF "UTOPIA," LTD,

BURSTS OP ELOQUENCE,

There was much more life and laughter in the mock trial—if it might so be called —held this afternoon under the auspices of the Auckland Creditmen's Club, than in an ordinary trial. One of the counsel concerned, for instance, turned at the beginuing of the case and asked his Honor whether lie objected to being called honourable.

The hearing was one in wlxich the shareholders of a company which has gone into liquidation, after allegedly shameful operations, were trying to get back again some poor remnant of their investment. Mr. Julius Hogben pleaded soulfully and eloquently for his clients, the wrathful shareholders, but nevertheless the action went to the liquidators, who were represented by Mr. W. H. Cocker. After each burst of eloquence from Mr. Hogben, who begged that his Honor —if he did not mind being called honourable —would not allow poor 6chool teachers and widows to be deprived of their life savings, Mr. Cocker would rise, and, with the smug complacence of one who knows that the law is with him, reply to the effect that all these things which his learned friend -was saying might be so, but the law eaid so and so.

The capital of Utopis Plantations, Limited, was £25,000. To Mr. W. Turpin 5000 fully-paid shares were issued as part payment of tlie price of £20,000 being paid to him for the business. He was paid £5000 in cash, and had agreed to accept a debenture from the company for the balance of £10,000. Among the assets of the company were music, musical instruments and saxophones, £850. Mr. Turpin was to be paid a salary of £5000 a year. > Mr. Hogben outlined the case. There .were several items, he said, and he suggested' that they should be dealt with seriatim (turning to his Honor, Mr. C. J. Tunks), "That is Latin, sir. °lt means one by one. His Honor agreed that it did mean one by one. Mr. Hogben proceeded. He attacked Mr. Turpin, his character, his antecedents, and all about him. "Should not the public be protected from a man like that?" he asked his Honor. His Honor said nothing, so counsel added that the prospectus was misleading and inadequate. Tfiat should prove his point. However, Mr. Cocker merely rose and smiled superciliously. What the personal Character of Mr. Turpin was had nothing to do with the case. He was an individual and the company was a separate entity. The two should not be confused. That was where his learned friend was making the mistake, he beamed at Mr. Hogben. There was no claim on the company at all. All it had dome had been done in the broad light of day. If the public had been foolish to invest in the company, it was their lookout. Mr. Cocker implied that he would not have invested, not he.

And so the case wore on. The shareholders could see that their counsel was waging a valiant but losing fight. Even ' hfe whom they had dubbed of the,company, Mr. W. J. l v dsworth, could do nothing. The widows and the school teachers had to lose everything. •It was foredoomed. His Honor gave his •decision weightily. All Mr. Cocker had said was good law, and Mr. Turpin, commonly known as "Dick," might'well be Op his way again to York as of yore. "Until the law is amended to control the actions of a company, I am powerless." Mr. Cocker decided his Honor was honourable. • .