WORDY CHARGE.

Auckland Star, Volume LXII, Issue 86, 13 April 1931, Page 8

WORDY CHARGE.

PURCHASE OF A SECTION. TROUBLE OVER DEPOSIT MONEY. YOUNG MAN COMMITTED FOR TRIAL. "That at Auckland on or about December 13, 1929, he did do an act for the purpose of aiding the Palmer Ward Construction Company of New Zealand, Ltd., to commit the theft of £75, which sum the said company had received from* James McLeary Smith, with a direction' that it should be paid to John Henry Lyons as a deposit on a purchase of land in Seaview Terrace, Mount Albert, and which sum was fraudulently applied by the said company for a "purchase! other than that specified" was the wordy charge preferred against Bernard Godfrey McGinn, a young man, before Messrs. C. King and L. S. Rickerby, J.P.'s, in the Police Court this morning. Accused, for whom Mr. Ward appeared, pleaded not guilty. James McCleary Smith said that in October, 1929, he got in touch with the Palmer Ward Construction Company and asked the terms under which the firm' built houses. In answer to a letter he called on the firm, where he discussed with accused terms and sections available. Later, an agent from the firm railed on witness, and he visited a section in Seaview Terrace, Mount Albert. He was told that the price of the section was £400.

! Deposit Money Paid. I A week later witness went to the i office of the company and was informed by McGinn that the owner, a Mr. Lyons, required an immediate deposit of £7"). It was understood that the cheque was to be paid over to Mr. Lyons as a deposit on the section, although the money was to go through the Palmer Ward Company's books. McGinn had said that he coulr*. raise a Government loan for witness to build a house. Witness got a receipt for £7-1, but some days lat?r he received a letter from accused enclosing a receipt which accused said had been picked up in Newmarket. Witness afterwards made several visits to question accused about the receipt, but he did not see him. He gave no authority for the money to be used in any other way than as a deposit on the section. Henry John Lyons said that a . epivsentative of the Palmer Ward Construction Co. called on him to make inquiries about a section he owned in Seaview Avenuc. Witness said that the deposit rcqnpired was £23. Later witness called on accused and was informed that the deposit, the amount of which was not mentioned, would be sent to him. Ho had, however, not received any money. "Business to Build Houses." Cross-examined by counsel, !Sa!ph Marsden, the salesman who took Smith to inspect the section in Seaview Avenue, said that the business of the company was to build houses and not to sell sections. He had supplied Smith with plans and ppecifications for a hou-?. He knew McGinn as the managing director of the company. A clerk from the Official Assignee's office said that the Ward Palmer Construction Company had gone into liquidation in April, 1930. He had exaurned the books of the company, but could find no. record of £7~> having been paid into the company's account. A butt in the receipt book showed the receipt of £75. i

Accused was committed for trial, bail of £175 being allowed.