CHARGE OF FALSE PRETENCES

Press, Volume LXXII, Issue 21938, 12 November 1936, Page 5

CHARGE OF FALSE PRETENCES

♦ CAR OFFERED AS A PRIZE SCHEME TO HELP RUGBY LEAGUE (PBSS* A.SSOCIVTIOK TXLRGIUX.) ; WELLINGTON, November 11. Vais® pretences in the conduct of 3 petition for which a motor-car was 'iled as a prize were alleged in the " Magistrate's Court against Harold FairI hild Pobar. an agent, Bertram Egley, company secretary, and Hannath Mod Blake Marshall, a company direcFive charges were made against principal charge was that, between July 16, 1935. and March 31, the defendants conspired with other in Wellington and other wes to defraud such persons as vSaild be induced to purchase tickets latest of skill competition by falsely Presenting that a car was available s a prize without disclosing that the car was subject to an instrument w wav of security securing the princiZti a sum of £450, and by falsely representing that the car was new and being kept sealed. There were four oAer charges, that the defendants by same false pretences obtained from jvJhn Leith Is, from John Johnston Henderson 6d on two occasions, and from Henry Gastein sums totalling £l. There will be 25 witnesses and the hearing is expected to last till tomorrow. Mr E. D. Mosley, S.M., is on the bench. , . Douglas Avery Park, a clerk in the Supreme Court office, produced an instrument by way of security registered in August, 1935, and granted by Edward Jones to Guarantors. Ltd., affecting a car with the engine number WF7151. No satisfaction had yet been registered on that security. Origin of Scheme Victor William Simpson, chairman of the board of control of the Wellington Rugby League, said that in July 1935, Pobar and Blake suggested to him a test of skill competition, the net proceeds to be given to the Wellington Rugby League. The proposal was that the league should receive the net profits and 7J per cent, of all gross sales was to be banked to the credit of the league. It was agreed that Pobar jind Blake were each to receive £4 a week as wages, plus all expenses and finally a bonus and 15 pef- cent, of the profits. The competition was to compute how long the engine or the prize car would run on 18 gallons of petrol under certain given set conditions. ■Witness communicated with National Motors, Ltd., and saw the defendant Marshall, who showed him what he understood was a receipt for the price of.the car, which Pobar said had been paid for in cash. Marshall gave an undertaking for National Motors that the car would be sealed and held in sale custody by the firm until the final test It was also arranged that the Eugby League’s auditor should inspect the books and keep the league informed of the position. After getting legal advice that the test did not contravene the law, the league agreed to thfc competition. It had received £42 i lis from it. Witness informed Pobar Jsthat the position was unsatisfactory, and asked him for more money. Pobar ’ said that the expenses had been much higher than was anticipated, in addition to which, he said, he had difficulty with his partner and", canvassers, and was not in a position to pay further moneys. When the date for the final test arrived, witness expected National 1 Motor? to hold it. When he found the test did not take place*, the league dissociated itself from the whole business. Later be saw an advertisement extending the date, and still another in which National Motors dissociated themselves from the competition. Witness became concerned about the delivery of the car. Pobar said that the expenses had been such that he was unable to find the necessary money to carry out the final test Witness insisted on the test going on, and gave Pobar approximately £lO for it. Witness was not present at the final test. “An Amicable Arrangement” Pobar said he had found a winner in Wellington and had come to an amicable arrangement with the winner over the fact that the car was subject to a bill of sale. That was in March. Witness had been informed of the bill of sale in February by Egley, but did not know till just before the test that the car had been Unsealed end in use. Had he known of the bill of sale he would not have agreed to the proposal. Kennett James Blake gave evidence of selling tickets in the competition With Pobar in Auckland, Wellington, and Christchurch. In Christchurch «ey had. with them the prize car, but it was not run in Auckland. Witness borrowed the car from the agents. Pobar came to Auckland in the car, which he said he brought as a demonstrator. That car was later used in demonstrating in Auckland, Hamilton, *od N6w Plymouth. Before the dissolution of the partnership between him and Pobar witness did not know that it Was the prize car. He was not sure of it now. He was not aware up to the dissolution of the partnership that the ■oals on the prize car had been broken ~ at New Plymouth. The car was seized by Marshall, who said that the payments had not been kept up. Pobar suggested dissolving partnership, giving as his reason witness’s failure to aaep in touch with the office. Witness inter agreed to dissolve partnership, and the deed was drawn up and signed. After November, 1935, witness’s only connexion with the competition was as *n agent. Andrew Robertson Grimwood, director of Guarantors, Ltd., said that his Ann seized the car before the final test, it was therefore not available to the winner unless he paid off the bill of *ale. farther witnesses gave evidence dealing mainly with accused’s financial transactions. x , Ten witnesses were heard to-day, and 15 remain to be called when the nearing is continued to-morrow.