MERCHANT FOUND GUILTY

Dominion, Volume 34, Issue 119, 13 February 1941, Page 9

MERCHANT FOUND GUILTY

False Representation

DEAL WITH BALES OF STOCKINETTE

A jury of 12 iu the Supreme Court, Wellington, yesterday, found Anthony Hoggard, merchant, aged 26, of Wellington, guilty of obtaining two bales of stockinette, valued at £125, from Bing, Harris and Co., Ltd., with intent to defraud by falsely representing that the bales were being purchased by It. Gapes and Co., Ltd., Wellington. He was alternatively charged with receiving the two bales knowing them to have been dishonestly obtained.

The jury, after a lengthy retirement, returned with a strong recommendation to mercy on account of accused's youth. Prisoner was remanded for sentence.

The ease was heard by Mr. Justice Johnston. Mr. C. H. Weston, K.C., with him Mr. W. R. Birks, appeared for the Crown, and Mr. G. I. Joseph represented accused, who -pleaded not guilty. Maurice Nelson Toms, buyer for Bing Harris and Co., Ltd., said that he received a telephone call at 3.30 p.m. on the afternoon of July 30, asking for quotations for stockinette on behalf of Gapes and Co. He told the inquirer that the firm could supply two bales, and the speaker at the other end of the telephone said be would send a lorry for the goods. A few days afterward the firm received word from Gapes and Co., stating that they had not ordered two bales of stockinette.

Raymond Frederick Marley, packer at Bing Harris and Co., gave evidence of supplying the two bales of stockinette to a carrier. The man who received the bales signed the delivery book. Witness knew accused, and it ■was not lie who took delivery of the bales.

Cross-examined by Mr. Joseph, witness said neither he nor any other member of the.firm could decipher the signature on the docket. Bertie James Tuckwell, Wellington manager of R. Gapes and Co., Ltd., said his company did not order any stockinette from Bing, Harris and Co. on July 39 last, nor did anyone else have authority I do so. Accused had never been in the employ of Gapes and Co. Douglas Charles Stevens, traveller employed by G. R. Stevens and Co., said that accused had approached his firm and had offered them stockinette at 20/- a roll. They agreed to take 200 or 300 rolls from. him. Rolan Robert Burns, a member of the firm of G. R. Stevens and Co , Ltd., said that accused on July 31 last arrived at witness's firm’s office in a grey car and delivered a bale of stockinette, 'which he said was for Stevens and Co. The firm paid for the bale with an open cheque for £5O. Ou August 19 accused arrived again at Stevens and Co.’s office, and delivered 98 loose rolls of stockinette, for which the.firm paid £49, again with an open cheque. James McKay Gilchrist, yard foreman for Stevens and Co., gave evidence as to accused calling with stockinette at Stevens and Co.’s premises in xlbel Smith Street on July 31 and August 19. William Frederick Wilkins, storc-man-packer at Bing, Harris* and Co., said he assisted to load the bales of stockinette on to a car. He was present at Stevens and Co.’s premises on August 20, and recognized a bale of stockinette there as one. of the bales which had been sent out of Bing. Harris and Co.’s warehouse on July 30. Identity of Bale. To Mr. Birks, witness said he could definitely swear that the b;ile of stokinette which he bad examined at Stevens and Co.’s premises in Abel Smith Street was the one he had assisted to send out from Bing, Harris and Co.’s on July 30. Detective G. Hogan said that when he had interviewed accused, Hoggard had said that he had sold two bales of stockinette to Stevens and Co. in the course of business. Accused made a statement, in which he said he had purchased the stockinette from a man named Bouzaid, who delivered one bale to Stevens and Co. On August 20 witness went to Stevens and Co. in company with Marley, and

the latter identified a bale of stockinette as one of the two he had assisted to load from Bing, Harris and. Co.’s warehouse on July 30. Witness made inquiries to find Bouzaid, but they were fruitless. Witness arrested accused on the morning of November 30. Cross-examined toy Mr. Joseph, Detectivq Hogan said the police had been unable to find the carrier who had

taken delivery of the bales of stockinette from Bing, Harris and Co.’s. Detective-Sergeant Kane, Masterton, said he had made inquiries into the case in Masterton. There was a Bouzaid in Greytown and another in Masterton, but both were respectable business men and had not been connected with the Wellington case in any way.

This closed the case for the Crown. Robert Alexander Bell, manufacturer’s representative, said that before starting business he had been employed by the firm of G. L. Giesen, Ltd. Giesens in 1940 sold 17 bales of stockinette to Bing, Harris and Co., Ltd. The Giesen bales were branded in a distinctive way. With Detective Hogan and Air. Toms, of Bing, Harris and Co., he inspected a bale of stockinette at Stevens and Co., Ltd., on August 20 last, and saw a bale branded G.L.G. over AV., showing that it was one of the bales which had been sold by Giesen, Ltd., to Bing, Harris and Co. Accused’s Evidence. Accused, giving evidence on his own behalf, said he had made purchases from Bing, Harris and Co., and had also sold them a line of buttons. He also dealt With Sargoods and Ross and Glendining. He knew a man named Bouzaid, whom he met about 12 months ago. Bouzaid was also engaged in buying and selling, and witness bought two lawnmowers from him. He had endeavoured to sell to Stevens and Co. stockinette and cotton waste. On about three occasions he had offered to sell .Stevens and Co. stockinette round about £1 a roll, but they had considered the price too high. Bouzaid arrived at witness’s office on July’ 31, 1910. with two bales of stockinette, which be had on a car in the street. He suggested that he should deliver the bales, but witness said he would deliver them, as he did not want Bouzaid to know to whom he was selling. Witness delivered one bale to Stevens and Co., and took the other bale back to Bouzaid, who took it away in his car. He gave Bouzaid £47/10/-, having received £5O from Stevens and Co. He saw Bouzaid a fortnight later, when he arrived with another bale of stockinette, which witness took, and conveyed it to Stevens and Co., receiving £47/10/-, and he paid Bouzaid. Bouzaid was a man who would inspire confidence in anyone; witness understood that he eame' from Napier. He spoke good Eng-

sli, with a trace of aceent. Witness

had not rung up Bing, Harris and Co. on July 30 last and ordered two bales of stockinette. The reason he had told Detective Hogan that he had not.

delivered the stockinette to Stevens and Co. was because he did not want to incriminate himself in any way. He had applied for a licence to import stockinette from Japan and England.

Cross-examined by Mr. Weston, accused said that Bouzaid travelled about New Zealand, but did not have any fixed address. Mr, Weston did not address the jury, and after Mr. Joseph had done so, and his Honour bad summed up, the juryretired at 3.49 p.m. They returned at 7.45.