FALSE PRETENCES CHARGE

Dominion, Volume 37, Issue 115, 10 February 1944, Page 3

FALSE PRETENCES CHARGE

Action Against Salesman Fails

Following a hearing which lasted ail day, a jury in the Supreme Court, Wellington, yesterday, after a retirement or 53 minutes, found Philip Donald Martinovich, salesman, sged.St, not guilty on a charge that, at Wellington, ou. October 15 last, with intent to defraud, he obtained from Fred Gaeina, porter at the Empire Hotel. Wellington, £6O in New Zealand money and 200 American dollars, by falsely representing that he was the owner ot the Wairau Hotel, Marlborough, and also owned two motor-cars, one o> which he was willing to pledge as secujjty.' and that he required the money as a deposit on the purchase of another hotel. The case was heard by the Chief Justice (Sir Michael Myers), and the prosecution was conducted by the Crown Prosecutor, Mr. W. H. Cunningham.' After the evidence for the prosecution had been heard, licensed, who conducted his own defence, addressed the jury for two hours. His defence, he said, was an absolute denial to the charge. Gaeina, he alleged, was engaged, in sly-grogging, and sold bottles of Hokonui whisky to servicemen at 20 dollars a bottle, but he told accused that the trouble was that he could not get enough of it; Gaeina asked him to get two cases of whisky for him, which he did, delivering them at Gaeina s place of residence in Kent Terrace. Then Gaeina asked him if he could procure for him £l2O worth of Hokonui whisky, and paid accused £55 ajid a little later ou £6o for this whisky. He had supplied Gacina with two dozen -bottles of whisky, and bad gone to ibe Wairau Hotel to see whv three eases of whisky he had ordered for’ Gaeina had not been delivered. He bad been arrested at the Wairau Hotel four months ngo. and the police in that time had repeatedly refused to allow him any assistance to prove the truth of his statements., ", . “I would like to thank the Public Prosecutor and the registrar for ( the impartial manner In which the case against me has been conducted,” said accused after the jury had given their verdict.