HEARING ENDS

Dominion, Volume 33, Issue 195, 14 May 1940, Page 9

HEARING ENDS

Trial Of Chrystall And Aston CASE FOR DEFENCE Mr. Justice Smith To Sum Up This Morning COUNSEL’S APPLICATION The case for the defence in the trial of Harvey Maitland Chrystall and Gordon Percy Aston was presented in the Supreme Court, Wellington, yesterday at the sixth day of the hearing before Mr. Justice Smith and a jury. Defending counsel and the Crown Prosecutor delivered their final addresses to the jury, and the Court adjourned till 10 o’clock this morning, when his Honour will sum up. Accused arc jointly charged with conspiring toy deceit to defraud the former secretary of the New Zealand Racing Conference, Hartley Roy Sellers, deceased, of £6705. Six other associated charges include two of false pretences, two of attempted false pretences, one of theft, and one of receiving. The Crown Prosecutor, Mr. W. h. Cunningham, with him Mr. M. 11. Birks, is conducting the prosecution. Mr. W. E. Leicester, with him Mr. R. T. Peacock, is appearing for Chrystall, and Mr. D. W. Russell, Christchurch, for Aston.

Application By Counsel.

Mr. Russell made an application to his Honour for the withdrawal from the jury of the attempted false pretences charges against Aston in respect of C C. Lavis and H. L. Nathan, on the ground that there was no evidence that Aston came into the negotiations with either of them. ™.„ ' The Rev. Owen Wallis Williams, chaplain of Christ’s College, Christchurch, called by Mr. Leicester, said he had known Chrystall for 16 years. Chrystall had been an enthusiast for the welfare of the boys and had been closely associated with ■witness latterly. Chrystall had discussed the patent with witness, but not very fully. Witness said he felt convinced Chrystall had a strong belief in the secret process behind the scheme. Chrystall was regarded as a great enthusiast in any project he took up and his integrity was never questioned. „ , , Cross-examined by Mr. Cunningham, witness said Chrystall was an old boy of Christ’s College. Witness understood he had an engineering degree and had gone to Cambridge University. He had been a consulting engineer in Christchurch and was a man whose word witness would accept. ■Replying. to a further question by Mr. Leicester, witness said Chrystall had a. scheme either to rebuild the college or at least to build a chapel from money he hoped to get. Interest in Sport. George Mackenzie Lester Lester, registered medical practitioner, Christchurch, said Jie had known Chrystall for more than 20 years, and he had been practically a member of witness's family. He had mentioned the project to witness, but had not discussed the financial aspect. He was a man who had always been keenly interested in sport and was one of those straightforward, optimistic people who never grew old. He was a man with a great many friends, and witness bad never heard any man question his honesty. To Mr Cunningham, witness said he .thought since 1937 Chrystall had been Working on the patent for keeping torpedoes off ships. He had mentioned ‘the financial side to witness very vaguely, and said the patent had been sold to the Admiralty for a large sum To Mr. Leicester, Witness said during recent years Chrystall’s financial position had been bad, and he had been as poor as a crow.

At Cambridge University.

Gordon Buchan Chrystall, sheepfarmer, Taihape, a brother of the accused Chrystall, said his brother took an engineering diploma at Canterbury University College and a post-graduate course at Cambridge University, Returning to New Zealand, he started as a civil engineer. He was in Nigeria or the Cameroons before the war, and went to Gallipoli, where be was severely wounded by a shell. Witness subsequently visited him in a mental home in England, where accused was an inmate for at least a year. Members of the family had been interested by accused and put money into the patent. During the past three years the family had provided for his personal needs. To Mr. Russell, witness said money had been put into the invention by the family, and above that upward or £lOO had been paid to Chrystall. for his personal expenses. To Mr. Cunningham, witness said he knew nothing about the nature of the patent till the Crown case was produced. Accused had always said lie wap bound to secrecy and could not fell witness anything. His sister, two aunts, and his mother had put money into the venture, totalling in all about £4OO or £5OO. Defence of Clirystall. Addressing the Court, Mr. Leicester referred to the death of Sellers, and said the facts surrounding it had been Introduced as part of the Crown case. The introduction of that brought with it the inference that in some way or other accused Chrystall was connected with it. But Chrystall was not accused with causing the death of Sellers. “Whatever your responsibility may be to the’dead, you have an obligation in this case to the living,” Mr. Leicester said. If Chrystall had committed au error of judgment, he bad not suffered once but many times. Counsel asked the jury to project themselves back into the period of time when Sellers was alive and ask what was Chrystall’s relations with Sellers. Aston and the various other .people who had been mentioned. Chrystall 'thought Aston was an inventive genius, and that was a belief he would not have disturbed, counsel continued. Chrystall also believed that he had to adopt the mask of secrecy. Aston know Chrystall had that belief, and that it was a very good means to get people to invest in the business. There were many reasons for crime. Where money was concerned, the motive was mostly greed. But it was a novel proposition that a Dian engaged in crime to do charity, as Chrystall did, to help others, and to work for a. jieriod when be was not getting the wages even of a relief (fworker. On the criminal theory the

thing just did not hang together. If Aston had a hold over Seilers and Chrystall, then it was quite underslta.njda.ble that the visions took on the rosy aspect of reality. Review of the Charges. Counsel proceeded to review in detail the charges which had been preferred against Chrystall. In conspiring criminal design must be common to all the alleged conspirators, he said. Throughout Aston went out of his way to build up an atmosphere that would convince Chrystall of the genuineness of everything that was done, counsel continued. Then there were Aston’s constant references _to completion dates when everything would ibe paid over. He was drumming that into Chrystall’s mind. Aston sought also to build up the atmosphere by his actions, as illustrated by the moving camera incident. Then again there was the White Ensign incident, attempted negotiations to purchase the Trafalgar Hotel, and the tearing up of £5 notes. Aston wanted to create the impression that he was a super-man, who could do what he liked.

When Sellers disappeared Chrystall was upset, but Aston's attitude was different. He said he had had a clearance from Sellers a month before the latter “went for his swim.” It was also curious that Aston said Batt and the others would have to look to Chrystall for the money. Questioned by the police, Aston produced a document purporting to show that Aston was Chrystall’s agent.

Before Racing Conference. “It was not Aston who went before the Racing Cnference, and we have it from Croinb that Aston would not go," counsel said. Aston had- Sellers under his domination, and it was equally suitable for him to have Chrystall under his domination. Chrystall thought he was a partner in the scheme, but Aston had very different ideas. He had described Sellers and Chrystall as tv/o mugs. Chrystall was a man of boyish enthusiasm, counsel continued. He had been a consulting engineer for some years, but there was no evidence he had more than a rudimentary knowledge of electrical matters. And as time went on he allowed his judgment to become merged in what Aston said, and become quiescent. There' was clear evidence of that belief persisting to the end.

Witnesses agreed that Chrystall bore no evidence of getting any affluence from the patent. '"When the moneys were received, they had to be received by Aston, who was the only one who could pay them into the parent company. From over £7OOO, Chrystall {received the enormous sum of £4/18/6, counsel contended. Was it conceivable he would allow money from his family to be put into the concern if he had not had belief in it? Counsel read letters written by Chrystall and commented that they did not sound like the letters of a confidence trickster. Crown Prosecutor’s Address. In his final address, Mr. Cunningham said the two main points to be determined were whether there was a contract with the Admiralty to pay over large sums and whether there was any invention for diverting torpedoes. It was apparently admitted by both accused that neither of them had ever been to England. Both apparently claimed that the negotiations took place with the Admiralty via the earth circuit telephone, which Dr. Marsden said was wholly impracticable. There was no evidence of auy payment having been received from the Admiralty. The case of the Crown was that there was no evidence at The Hut or ou the launch that either had ever been used for experiments, and accused had claimed that the headquarters for the experiments were at Nelson. When shown the letters from the Admiralty and the Australian Navy Office, Aston insinuated that they were false replies. What possible object could the Admiralty or the Australian Navy Office have in telling untruths, when they were merely asked whether they had heard of the alleged inventions or of the two accused? Mr. Cunningham asked. Referring to the conspiracy charge, the Crown Prosecutor said there was ample evidence that since October, 1937, the two accused had been acting in the operations surrounding, the various transactions. Chrystall in his statement admitted his share in it. Aston endeavoured to shoulder the responsibility ou to Chrystall by saying ho was Chrystall’s agent. Chrystall seemed to have been saddjed with the task of making the representations to the parties. But there was reason for that. He was an educated man of some standing in Christchurch and would be more readily listened to. Defence of Aston. In his final address, Mr. Russell said the jury was balled on to give the benefit of any reasonable doubt to the men in the dock. Mr. Leicester had made a strong attempt to throw responsibility on to Aston, but Aston did not seek to escape responsibility at the expense, of Chrystall. Aston bad not come at all into the negotiations between Chrystall and C. C. Davis. Both Aston and Chrystall at all times made out that they were acting under the instructions of someone- else. Likewise in the instance of H. L. Nathan, except that Chrystall telegraphed to Astori, Aston’s name was not mentioned, and there was to evidence that he had authorized the approach to Nathan. Couusel contended that the Crown had not proved agreement between Chrystall and Aston to approach Sellers in the first instance. Sellers was known to Chrystall and there was no- evidence he was known to Aston till October, 1937. There was no evidence that he knew Chrystall approached Sellers or that he authorized the approach to Sellers. Seilers said he was in something big with Chrystall. He did not say with Chrystall and Aston.

"If Sellers were alive today, what would be his responsibility for the money advanced by A. 15. Batt?” counsel asked. “On his own statements he had a great knowledge of the matter; sufficient _ Io persuade his friends to put money into it.” Receipt of Money. q.’heu a Crown witness said, he had seen a receipt Aston had received from Sellers for from £3OOO to £4oo<l. Chrystall and Aston did not receive one penny from Batt. They received it from Sellers'. Aston made no representation to Batt prior to the guarantee being given. Batt was to receive a premium on his guarantee at 800 per cent., where the usual business practice was 4 to 1 per cent. There was no direct evidence that, Aston was present when the £750 cheque on the Racing Conference account was paid out, counsel further contended. Mr. Justice Smith said in view of the lateness of the hour and the application by Mr. Russell he would sum up this morning.