UNEXPECTED THEN

Evening Post, Volume CXIX, Issue 32, 7 February 1935, Page 13

UNEXPECTED THEN

CROWN TO CALL MR. HISLOP

An ~unexpected 'development was the appearance in .-' the Supreme - Court today of Mr. T. C. .'A. .Hislop, w)io as a-, solicitor acting in the early stages of the company's'formation has I been mentioned in evidence. Vickers's evidence was heard by Mr. Hislop, who is to.be'called by the Crown as a rebutting witness at the conclusion of the: defence evidence. ~ ' . ' {Vickers's. evidence in chief, mainly along .the lines, of. Mr. W. E: Leicester's opening, was^ completed at 11.30 this morning. '"'' ';. " ... . ; .' ~. PACKAGE FROM AUSTRALIA. - Yickers said the papers had beenforwarded,froiri. Australia to the Natipnal Bank." He picked up'the package;from the bank and gave it; to Mr. Hislop; who said,:"Leave them' ,with.me, ,and I will: peruse'ithem." 'V .': ' :\f;'; V :',7.'. A ■:;■ "Witness never opened the package and did not know "anything about patent rights. He considered : it, was the job ... of the solicitor for the proposed new' company to see' about patent rights. .There ; neyer : had .been any competition in' Australia as far as' witness • knew. On,...calling on Mr. Hislop a day or two afterwards Mr. Hislop said,"i have'studied- these documents, carefully. Tttere will need to be one or. two minor amendments because of the New Zealand law about (companies." . . ' " At a meeting in 'Mri Hislop's office in May,' 1930, :Mr. ; Hislop had -seven copies' of a document for those- present to sign. ' Mr. Barbouf asked- if Mr. Hislop had the patent: document. ■> Mr. Hislop said,:"Hands up, ;it,is hot among these documents." ; Witness said as far as he knew the reflector was a patent. He rang i ; and,- got a reflector sent round. :The;i reflector;' the same as one produced in court and handed to. the jury for inspection. Witness;took out the bulb arid' showed it to Mr. Hislop, who said, "Yesi here is the patent number. I thought it. .would be all right."; Witness read from the reflector the words: "Patent Nds;; ,196032-204464 Craftsman." He then suggested that Mr. Hislop. should confirm the patent, and the others present "said ''"th'at3 would' < 'be "a good idea." Witness thpught-that/Mr, Hislop -would <do, or: \vould'have -done; all that was: necessary about any patent after that: -, ~' /At a' further meeting in, June,; continued witness, Mr. Hislop said;. "Gentlemen, have' you read the: documents carefully?" . Those'present said they: had done so, and Mr. Hislop asked if• those present "-were '.willing to form■ themselves into'a eompariy to take over' the rights.;: That .was Hbe "day,.!the memorandum... of association wassigned. :::■■ ;.v_'..v ;,■■/'■:'■..■.;•■ :.- '; ■ ■.'>; , : ;v, : ;JffIB,.'HISLOP;. ARRIVES. . ,:■".; 7-. At- this;.stage; Mr.' T.. C. A. Hislopj appeared in'-court and took a seat behind the Crown Prosecutor (Mr. Macassey), who- said he. wanted Mr.. Hislop to :listen.' .-. ■-■ , Witness^, said Che.believed' that' - the company, had the' patent rights, but in using the terhi .had never used it in any technical sense. He considered he had done his duty in New Zealand by. lodging the documents and asking Mr. Hislop to. go into the matter. A Mr. Charles Boyle: had introduced witness to Gilmour in Wellington. That was the first time witness met Gilmour, who had had secretarial experience, witness .learned. •., ■■ . "It's the greatest selling article in the world," declared witness. "It. is made on the principle" of the human ■eye." ."'." '; -" "' • ■ '■' '"•':.. '" \ ■The time'for Jpaymentof the cash consideration •" to' the vendor (Flight) was. extended "early in' ■■the piece" with .witness's ponsent. V r Gilmour had asked for time, six months, to* get some money -in, and. witness thought an agreement was prepared oh those lines by Mr. Stewart Hardy and Mr. Hislop.; The . company .would ~ have been a'flourishing one had: it gone= on with the sale: of reflectors and established the; service station. The royalties would have been' valuable then. "There is a better opportunity here than in Australia, and the company could make ..good now with the ; sale of the. reflectors," said witness. ].. : ','1 never knew there was anything wrong until: I received a warrant in April last year. Had I been asked I would, have-come over to get:behind the company! I was never., given; a chance to explain." ;:'. - McKinley, said witness,.' had approached Him aiid asked for some vendors' shares to. sell, as he knew vendors were always anxious to, unload some of their shares and that such' shares could .be sold for better commission. McKinley had said he was managing director of a £ 10.00U company in Christchuirch. "Jenness was'present at the meetings arid heard' all the-discussions; he knew as much about the patent rights as a did," said witness. He denied there was .any contract for royajjies., Cross-examined. ,by Mr. Rollings, Vickers said that an executive olGenr eral Motors, Ltd., told him in 1930 that if the company could sell General Motors, Ltd., the .lights one penny, or twopence cheaper than' they could be landed, business could.be done. - .:■ Witness told' his Honour that he could not describe-the gentleman—it was nearly five years ago. THE AUSTRALIAN COMPANY. Cross-examined by' Mr. Macassey, witness, said he had 1000 shares in the Australian Company. •No dividend had been paid, but he did not know .the exact position .of the company. The company was not in .liquidation:. Witness met Kelly in Melbourne and they CaKwSo- and.2s.ooo.|hares in the Australian company, and /witness "supposed" Flight was the only one who got anything out oi! it.. , "I have never seen one," said witness, asked if he knew what a patent was "You're not as simple as all that, are you?" asked counsel.. "You're a bettf!iTipfa little flutter," said witn*'Not big ones?"-No, Bttle on» , "You've won big bets with bookmakers in Australia?" ~-ainn .;Mr. Leicester: The same .question might be asked of a lot of people. It

doesn't take a very intelligent man to bet with a bookmaker. Counsel: Kelly, Gilmour, and Vickers went to South Africa and'formed a company there. Some vendors' shares were sold. .'.._■

Witness asked if he might make'an explanation. After he had been in bouth Africa for some time and sold I some shares, he found according to the Roman Dutch law that it was not allowable to sell vendors' shares until six months after the registration o£ the company.

His Honour: A very good law, too. Mr. Macassey: A pity it hadn't been done here.

Witness said he had been in ignorance of that law and had refunded the money. It had cost him about £2 Is 6d for every pound, to send the money from an Australian bank and remit it.

In answer to his Honour witness said he had done that voluntarily.

(Proceeding.)