ACCUSED OF GETTING MONEY BY FRAUD

Dominion, Volume 29, Issue 224, 18 June 1936, Page 5

ACCUSED OF GETTING MONEY BY FRAUD

Motor-car Transactions YOUNG MAN COMMITTED FOR TRIAL Accused in the Wellington Magistrate’s Court with having obtained a car in Auckland on hire-purchase and having sold it in Wellington as his own unencumbered property, thus obtaining money by fraud, a young man was yesterday committed to the Supreme Court for trial. The hearing took place before Mr. E. D. Mosley, S.M. Detective-Sergeant L. Revell prosecuted on behalf of the police. James Lawrence Holden, mechanic, aged 23, was charged with fraudulently obtaining £l6O from Independent Motor Sales, Limited, by falsely representing that a motor-car was his own and unencumbered. He pleaded not guilty. A motor salesman employed by an Auckland firm, Denis Sheard, gave evidence that early in March Holden came to his place of business and inspected a second-hand car. He gave bis correct name and an address. When he called he had in his possession a coupe car. He said he was promoting a club called the Civic Social Club. He was looking for another car and said he had one to trade. On March 5 Holden entered into an agreement to purchase the car. The coupe was traded in for £6O. Witness produced a hire-purchase agreement signed by accused. The total price of the car, with extras, was £277. He took possession on March C and paid one instalment of £l2. Subsequently the firm repossessed the car in Wellington. The car did not belong to accused, as it was only hired to him, and the firm had a lien on it until it was paid for. Accused had no authority to dispose of it. A 'Wellington motor salesman, Lionel Robert Johnson, of Independent Motor Sales, Ltd., said that in May Holden called at his firm’s premises with a car similar to that described by the previous witness. He asked the firm to make an offer for it. He said the car was his and gave the name of the firm at Auckland from which he said he had purchased it. It was free and unencumbered, he said. He was paid £l6O for it. Later the same day witness ascertained from Auckland that the car was on hire-purchase and not yet paid for. He telephoned the bank, but the cheque had already been cashed. Next day witness went out to the Hutt and by chance saw Holden entering a hotel at Petone. He followed him and told him that he had found the car had not been paid for, and he would like to have the money back. Holden replied that that was all right; the firm could have their money back if they handed over the car. He accompanied witness to town, drew out the money from the bank and took over the ear again. Witness informed him

that the police would probably be looking for him as his firm had already been in touch with them. Accused explained that bis father was to have paid the Auckland firm, when he would have had the use of the £l6O. John Shelley, partner in the firm, corroborated Johnson's evidence. Murdoch Edgar Rogers, clerk at the Bank of Australasia, recalled accused depositing £l6O in the name of Lawrence Tone. He had withdrawn the money again next day. Bail was allowed at £lOO, with one surety of £lOO.