WINNER’S EVIDENCE

Dominion, Volume 30, Issue 42, 13 November 1936, Page 2

WINNER’S EVIDENCE

Motor “Car Skill Test Competition

CONSPIRACY CHARGE Twenty-four Witnesses In Lower Court Evidence by witnesses of the test in a Lower Hutt motor garage, by the winner of the competition, and by a Treasury inspector, who had investigated the position, was called by the prosecution yesterday in the Magistrate’s Court, 'Wellington, in the case in which three meu are charged with conspiracy to defraud arising from a motor-car skill test competition. The competition offered a prize of a motorcar to the person correctly estimating how long the engine would run on 18 gallons of benzine with the back wheels jacked up. Harold Fairchild Pobar, agent, Bertram Egley, company secretary, and Hannath Noel Blake Marshall, company director, are charged with conspiring vrtth 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.

Mr. E. D. Mosley, S.M., is on the bench. The prosecution is being conducted by Mr. C. Evans-Scott. Marshall is represented by Mr. 11. F. O’Leary, K.C., with him Mr. T. P. McCarthy: Pobar by Mr. C. H. Arndt; Egley by Mr. A. H. Macandrew. The hearing opened on Wednesday, and at the adjournment last evening 24 witnesses had been called by Mr. EvansScott. 'When the court resumes to-day the evidence of the final witness, Detective W. R. Murray, will be heard, followed by the addresses of counsel. Evidence by Accountant. Thomas Forsyth, public accountant and auditor, Wellington, said that in July, 1935, he was approached by Mr. V. M. Simpson in reference to auditing the accounts of a competition to be held in the interests of the Wellington Rugby League, of which Simpson was chairman. ■Witness met Pobar and Blake in Simpson’s office. They showed witness an agreement drawn up between themselves and the Wellington Rugby League, and assured him their solicitor had told them the competition was all right. He agreed to act as auditor, to check over the returns, so that the amounts agreed upon to be paid to the League could be ascertained and certified as correct. In a month witness called at the office of Pobar and Blake and was told that they were not ready for him. On August 14, September 7, and October 8, his next calls, they were again absent. On October 9 Pobar told witness he was not in a position to make a start with the audit. The following day Pobar introduced witness to Egley, but was again told he was not in a positiou to start the audit because certain dockets had not been returned by Blake. They mentioned some cash being short —sent by Blake. Witness never heard further from Pobar and reported to Simpson that as a result of these visits he was not satisfied. He was never permitted to see or audit the books.

180,000 Tickets Printed. Maurice Wilford Revell, printer. Boulcott Street, said that in 1935 he printed tickets for Pobar. He printed 180.000 tickets in books of 25 each. The commencing number was 10,000. There was an unlettered series and an A series. There were 90,000 in each series. Witness also printed 10.000 pamphlets for Pobar on October 11, 1935, and overprinted some pamphlets for Marshall which had, he understood, been printed by Marshall’s father. He had obtained judgment for £66/15/7 against Pobar and Blake for accounts which had not been paid. He had received no payment at all from Pobar and Blake. Leon Gordon Macdonald, motor - mechanic, Valley and Bay Motors, Lower Hutt, said that on March 21 this year a test was held in his garage. An Auburn sedan car was used. It had run a few thousand miles. IVitness saw Pobar with seals in his hands just prior to the test. He did not see him take them from the car. All four wheels whye jacked up for the test. The tank was drained. Eighteen gallons of petrol were put in the tank. When the test started, Pobar, witness, his father, and another employee were present, Mr. Grimwood, he thought, recording the starting time. Search for the Winner. The test started in the morning, witness proceeded. The car was left running all that day and during the night. No one was left in attendance. Next morning the engine stopped, Pobar noting the stopping time. IVitness saw that it had been running 21 hours 11 minutes 1 second. Pobar made an exclamation, “Thank God for that,” and was then away for a few minutes. When he came back he went/o the office. He had some bags of butts with him giving the various times the motor was estimated to run, with the name and address of the entrant. The butts were arranged in hourly sequences, Pobar said. Pobar looked for the bundle with 21 hours, opened it up and commenced to sort the butts out to find whose time was nearest.

After about an hour’s sorting they found the nearest ticket, Macdonald proceeded. The note with the time the engine took was in front of, Pobar. Pobar found the winning ticket, witness thought. The writing on it was not clear. The time on that ticket was 21 hours 11 minutes 1 second —exactly right. No other tickets with the exact time were found. The man's name looked like Gayford. Jayford. or Layford. The address was just “Wellington.” Witness further inspected the winning butt. It was written in pencil and appeared to have been written in an awkward position. Evidence of the Winner. William Henry Gayford, commission agent. Eastbourne, said he received a book of tickets in the Auburn skill test from Pobar. He sold some of the tickets. Witness and Pobar both belonged to the Working Men’s Club. Witness filled in the times in the butts of the other tickets in his bopk. No one helped him in doing that. He kept a record of the times lie entered. Continuing, witness said he beard in Kent Terrace from Pobar that he had won the ear. “It knocked the senses out of me foy a time." witness said. Pobar said witness would receive official notice later. Witness went to the D.I.C. Building and was told by the liftman that Pobar had gone. He later went with Pobar to see the car at Lower Hutt. Pobar said there was a mortgage on the car and witness could not got it. IVitness saw the car and thought it was in a bad state and had had a lot of running. He was surprised at the condition of the ear. He would not exchange his car for the one he had won. Later, Pobar wanted witness to sign the ear away. Pobar kept following him around. They ended up in the Panama Hotel, where ho v.as most anxious witness should sign. Pobar said his partner had let him down badly, and that he (Pobar) could not find the mortgage money and probably would have to

"o to jail. Pobar said witness could still claim the car from National Motors. IVitness signed. Advertising the Test. Wilfred Brian Fitchett, principal of IV. D. Fitchett, Ltd., advertising agents, said he was instructed to insert advertisements in connection with the Auburn skill test, which was done in seven metropolitan newspapers. Albert McGregor, accountant iu the inspector’s branch of the Treasury Deuart'nent. who made an examination o the books, tickets and ticket-butts received from Detective Murray, ’■a l ' e found the cash-book was incomplete I ayments out according to the pass-book and the cash-book were £1046. Receipts would not be as high as £2482 A reasonable statement would be £2OOO. He gave other results of hi? investigation. Evidence was also given by Mary Rebecca O'Brien, employed from July to December in the office of Pobar ami Blake: Evelyn Macdonald, proprietor ot Valiev’ and Bay Motors. Lower Hutt, and a director of Guarantors. Ltd., a suhw iary company of National Motors, - liam Harold Davis, salesman, one of the men selling tickets; Alexander Paterson, groceto’ assistant; Spencer Leslie Izett, confectioner; John Johnston Henderson, motor-hodv assembler: John Leitch, employee of the Post and Felegrapb Department: Henry Gastein, cabinetmaker. The court adjourned till 9 a.m. today.