CONSPIRACY ALLEGED

Dominion, Volume 30, Issue 41, 12 November 1936, Page 18

CONSPIRACY ALLEGED

Promoters of Car Skill Test Charged

TWENTY-FIVE WITNESSES

Police investigations into a competition held last year with a prize of a motor-car for the person correctly estimating how long the engine would run on 18 gallons of benzine with the rear wheels jacked up resulted in three men who were concerned with the competition being charged in the Magistrate’s Court, Wellington, yesterday with conspiracy to defraud. Accused are Harold Fairchild Pobar, agent, Bertram Egley, company secretary, and Hannath Noel Blake Marshall, company director. They are charged -with conspiring with each other between July 16, 1935, and March 31, 1936, to defraud such persons as should be induced to purchase tickets in a skill test competition by falsely representing that the car was available as a prize, without disclosing the fact that it was subject to an instrument by way of security securing the principal sum of £450, and by falsely representing that the car was new and was being kept sealed. Four charges of obtaining sums of money by the same false pretence were also laid. A further charge against Pobar of conducting a lottery was adjourned to February 26. Twenty-five witnesses are to be called, 10 of whom were heard yesterday. The hearing occupied all yesterday and will be continued to-day. The case is being heard by Mr. E. D. Mosley, S.M. Marshall is represented by Mr. H. F. O’Leary, K.C., with him Mr. T. P. McCarthy, Pobar by Mr. C. H. Arndt, and Egley by Mr. A. H. Macandrew. Mr. R. Hardie Boys is watching proceedings on behalf of a witness Blake, a former partner with accused. Bank Account Opened. William Baxter Russell, an officer in the Union Bank, said that on July 22, 1935, an account was opened at the bank in the name of “The Pobar and Blake Competition Trust Account.” The account was guaranteed by Bertram Egley for £25 and interest, and he deposited a fixed deposit of £25. In April. 1936, the fixed deposit was used to close the account, which was approximately £25 overdrawn. Douglas Aubrey Park, clerk in the Supreme Court office, Wellington, produced an instrument by way of security granted by Edward Jones to Guarantors, Ltd., affecting a car with the engine number WF7191. Victor Milton Simpson, chairman of the Board of Control of the Wellington Rugby League, said that in July, 1935, Pobar and his partner Blake saw him. They wanted to approach the league with a view to having printed on the tickets, “Net proceeds of this competition will be donated to the Wellington Rugby League.” The proposal was that in consideration the league would receive the net profits, and in addition 74 per cent, of all gross sales was to be banked to the credit of the league. It was agreed that Pobar and Blake should receive £4 weekly as wages, all travelling expenses, and a bonus of 15 per cent, of the profits. Took Precautions. Witness was concerned to see that the public was protected in the competition, his main concern being to ascertain that the car was paid for and held in safe custody until the test. He was also concerned about the test and took what he thought were reasonable precautions. He communicated with the vendors, National Motors, Ltd., and saw their representative, accused Marshall, who showed him what he understood was a receipt for the price of the car, which Pobar said had been bought for cash. Marshall also gave an under*. iking for National Motors that the car would be sealed and held in safe custody by the firm until the final test. It was also arranged that the Rugby League's auditor, Mr. T. Forsyth, should inspect the books and keep the league informed of the position. After getting legal opinion that the skill test did not contravene the law the league agreed to the competition. The league had received £42/11/- from the competition. These payments were most unsatisfactory, because pressure was necessary to get the money. ■Witness informed Pobar that the position was unsatisfactory and asked him for more money. Pobar said the expens.es of the competition had been very much higher than was anticipated, in addition to which he said he had had difficulty with his partner and canvassers and was not in a position to pay further moneys. When the date for the final test, December 20, 1935. arrived, witness expected National Motors to hold it. When he found the test did not take place the league disassociated itself from the whole business. Later he saw an advertisement extending the date to February 29. Still later lie saw another advertisement in which National Motors dissociated themselves from the competition. Test Insisted On. Witness became concerned about the delivery of the car to the winner. Pobar informed him that expenses had been such that he was unable to find the necessary money to carry out the final test, to pay for the 18 gallons of petrol, to advertise the test and the result, and for other incidentals. Witness insisted on the test going on, and gave Pobar approximately £lO for it. Witness was not present at the final test. After it I’obar said he had found the winner in Wellington ami had come to an amicable arrangement with tlie winner over the fact that the car was subject to a bill of sale. That was in March. In the previous month witness found out about the bill of sale when Egley informed him of it. Witness did not know until just before the test that the ear had been unsealed and in use. Had he known of the bill of sale he would not have agreed to the proposal. To Mr. O’Leary, witness said he had possibly expressed a doubt as to whether it was I’obar or Marshall who showed him the receipt for the car. Now lie had no doubt about it. Lewis Smith Drake, chief traffic officer of the Wellington City Council, said that in July. 1935, lie was asked by a representative of National Motors to attend a petrol consumption test. He had no idea that it was in connection with a competition, but he learned of it on the afternoon of the test. The test carried out was the one stated on the back of the tickets. The engine was sealed by one of his officers in his presence. In his opinion, if the seals were broken and the car driven for at least 6000 miles, there would be a difference in the running time on a. gallon of petrol. JIo had

nothing to do with the supervision of the competition. Former Partner's Evidence. Kenneth James Blake, Auckland, said that in July, 1935, he saw Pobar in Wellington. Pobar suggested the competition on the lines set out on the tickets. "Witness agreed to take part in the scheme with him. For the financing of the car it was arranged that National Motors was to pay part of the cost for advertising and a financial company would guarantee payment to the firm. It was arranged between the firm of Pobar and Blake, and Egley and Marshall. They were to pay off so much per month. He saw the receipt for the car when Marshall handed it to Pobar. Egley was first engaged, by Pobar as a bookkeeper. For a time witness and Pobar sold tickets in the streets. The car they had with them was not the prize, but was a demonstrator lent by National Motors. When they went to Christchurch they displayed the prize car, but it was not run under its own power. Witness then went to Auckland, and Pobar followed in a new car which he said he had purchased for the firm as a demonstrator. Witness used the car to demonstrate in Auckland, and he then went to Hamilton and New Plymouth. He did not know that the car he was driving was the prize car, and he was not sure now. He was not aware that the seals of the prize car had been broken or interfered with. While he was in New Plymouth the three accused arrived, and the car was seized by Marshall, who said there was a distraint on the car as the payments had not been kept up. In a conversation Pobar suggested that the partnership between him and witness should be dissolved. On his return to Wellington witness agreed to the dissolution. After November, 1935, his only connection with the competition was to act as an agent. Henry William Charles Morris, clerk employed by the D.1.C., said . when Pobar left the office he rented in the building he left behind books of tickets and butts, used and unused. Later he asked witness to take care of them for him. Andrew Robertson Grimwood, broker, and a director of Guarantors Ltd., described the business dealings his firm had with Pobar and Blake. Witness said his firm seized the car before the final test, and it was therefore not available for the winner. In order to get the car the winner would have had to pay off the bill of sale held by Guarantors Ltd. The car was kept in the premises of a director of the company at Lower Hutt. Pobar complained that National Motors would not lend him a car for the test, and he asked Guarantors Ltd. to lend the car they had seized. The firm took legal advice and agreed to let him have the car, but without waiving their rights under the bill of sale.

Cross-examined by Mr. O’Leary,.witness said he knew a truck was being prepared at National Motors for Pobar to display the car. He did not know what came of the arrangement. Evidence dealing mainly with the financial transactions of accused was given by James Charles Ross Marchbanks, security clerk in the Bank of New Zealand, Wellington, Frederick James Spelman, chief clerk of the Mutual Life and Citizens’ Assurance Company, and Edward Jones, clerk in the Lands and Survey Department and brother-in-law of the witness Blake.