NOT GUILTY

Dominion, Volume 22, Issue 116, 9 February 1929, Page 22

NOT GUILTY

STORY OF A “STORY” FALSE PRETENCES CHARGE FAILS After a retirement of three-quarters of an hour a- Supreme Court jury yesterday returned a verdict of not guilty in the ease of Robert Edward Cobb, who was charged with attempting to obtain £2O from “Truth”. (N.Z.), Ltd., by means of false pretences. His Honour Mr. Justice Herdman was on the bench. Mr. P. S. K. Macassey prosecuted, and prisoner, who pleaded not guilty,' was represented by Mr. E. P. Hay. In evidence Robert Nelson Burns, managing-edjtor of “Truth” at the time of the incident; said that prisoner, who was introduced as Detective Cobb, of Oakland, California, had Offered to sell to “Truth” ‘ for £2O the story of the arrest by him of an accomplice of Hickman, the American murderer. Cobb mentioned also that he might have a story in connection with the Marrickville murder in New South Wales. It was arranged that prisoner should come to the office next morning, and bring the story, and produce credentials. Witness saw Cobb the following morning, and informed him that he had been given authority by cablegram from Sydney to make the payment Cobb then said he wanted to bring his associate to the office at 10.30 a.m., when the story was to be told. Roy Sinclair, .a reporter on the Wellington staff of “Truth,” said that in response to a telephone message from Mr. Will ’Appleton, managing director of the Charles Haines Advertising Co., he went to the Midland Hotel, at the entrance of which he met Mr. Appleton and prisoner, the former saying that Cobb had a story to tell. Cobb' informed witness that he'had lodged in the cells at the Police Station a prisoner named Quayle, who was supposed to be an accomplice of Hickman, the American murderer. On a later occasion Cobb said he had arrested a woman in connection with the Marrickville (New South Wales) murder. In conversation with Cobb the next morning, witness paid that no doubt Cobb would be willing to produce his. credentials. Cobb said that Mr. Appleton had seen them.' and was satisfied with them. Witness later asked Mr. Appleton if he had seen Cobb’s credentials, and was told that he had not bothered. at which witness became suspicious. Witness made a few inquiries about Cobb, who the next morning told him he did not think he could give the story to “Truth" for a week. Witness said that was unfortunate, since a cablegram had been received authorising the payment of the £2O. Cobb replied, “Oh. all right.” Following this, witness introduced Cobb to Detective W. R. Murray, and the three men went along to the “Truth” office, where prisoner said triat to protect himself it would be necessary for one of his colleagues to be present when he told the story. He said he “had a date” with his colleague at 10 a.m. Prisoner left the office, and that was the last witness saw of Cobb. “To Look Big.”

Detective Murray said he met prisoner with Sinclair, Cobb being introduced as Detective Cobb, and during Sinclair’s absence in a tobacconist’s shop trie two discussed Cobb’s work. Cobb pointed to some scratches on his neck, saying they were received when cross-examining a woman in connection with the Marrickville murder. He also said that while tracking down his man in New Zealand he had worked as a bricklayer’s labourer and as a baker. When Cobb left the Truth" office witness thought by his demeanour that he had no intention of returning, and that his suspicions had been aroused. Witness followed him and disclosed his identity, after which Cobb accompanied him to the detectives’ office, where he made a statement. Witness read over the statement, which stated that prisoner's original motive for the deception was “to make himself look big." Cobb also put down in the statement that he did not intend to accept the £2O, and denied that the money had any connection with £2O required to settle a claim made against his brother by a girl. This closed the case for the Crown, after which counsel for accused addressed the jury. Case for Defence.

The first witness for the defence was Will Appleton, who detailed the manner in which he met prisoner, saying that Cobb was introduced to him in the lounge of the Midland Hotel by an American rabbitskin buyer. Cobb aroused the sympathy of the ladies present by a reference to his wife, whom he purported to be ill in a private hospital. Witness realised that Cobb’s story would be a wonderful story for “Truth” and telephoned tthe editor and asked for a reporter to be sent along. Asked why he gave credence to the story, witness said the circumstances warranted riis believing it, since he was introduced by the rabbitskin buyer, and also because the captain of <the Tahiti, who was present at the hotel, said that he remembered Cobb being on the vessel a few trips previously. Robert Edward Cobb, in evidence, described himself as a. grocer. Referring to a document found on him in connection with the payment of the £2O to a young woman, he said that it had been alleged that his brother hgd assaulted the woman and he (witness) wanted to prove that she only wanted money. About ten minutes after this he went to the Midr land Hotel where he had about five long beers in the bar. It was there that he met the American, and to make an impression he concocted the story about being a detective. Witness had been in America, and had been a steward on the Tahiti. Later he was introduced to Mr. Appleton and others, including Captain Aldwell, of the Tahiti, as Detective Cobb. When he went to the “Truth” office on the following morning he wanted to explain that the affair was a hoax, blit decided to get away quietly. He was hot going to take the £2O. Mr. Hay addressed the jury, remarking at the outset that the whole case faqd a “Gilbertian aspect" about it. The case was reviewed by His Honour who described it as a perfectly simple case, and pointed out that prisoner was not charged with obtaining money by false pretences, but with attempting to obtain money by false pretences. There could be no doubt that prisoner had told a story that was untrue. The jury retired at 3.5 p.m., and returned at 3.50 p.m., and brought in a verdict of “not guilty.” Prisoner was discharged.