GAOL SENTENCES IMPOSED

Evening Post, Volume CXXXIII, Issue 47, 25 February 1942, Page 4

GAOL SENTENCES IMPOSED

REMOVAL OF CARDS FROM BALLOT

COMMISSION AGENT ACQUITTED

A charge against Frank Brenden Diederich, commission agent, of offering a bribe to Henry Joseph August Berthold, a clerk in the National Service Department, in return for the removal of his card from the ballot, was dismissed by Mr. J. L. Stout, S.M., in the Magistrate's Court yesterday afternoon without the defence being called upon to submit evidence.

After this case had been disposed of, sentence was imposed upon Berthold, who had previously pleaded guilty to seven charges relating to the removal of cards from the register, and on several others concerned in the offences as follows: —Berthold, three months' imprisonment on each of the first four charges, to be cumulative, totalling 12 months' imprisonment, and convicted and discharged■ on the remaining charges; John Lamont Howard, musician, three months' imprisonment on each of two charges of offering a bribe to Berthold, terms to be concurrent, and convicted and discharged for failing to report for military service; Francis Joseph Dwyer, hotel manager, three months' imprisonment on one charge of offering a bribe; Hubert Edward Howard, soldier, three months imprisonment on one charge of offering a bribe; and Edgar Hugh Sharpe, photographer, one month's imprisonment on a charge of wilfully attempting to procure his exclusion from the ballot. ; In imposing sentence the Magistrate commented upon the absolute necessity of scrupulous conduct of the ballot, and on the gravity of the offences in lending to destroy public confidence in the impartiality of the ballot. ,

Mr. H. R. Biss prosecuted, and Dr. O. C. Mazengarb appeared for Diederich.

Diederich, said Mr. Biss, was a commission agent in Wellington, and he visited quite frequently the Gresham Hotel. He was friendly with Berthold, who at that time was employed in the National Service Department. Some time about June or July, 1940, said Mr. Biss, it was alleged that the defendant had a discussion with Berthold in the Gresham Hotel. The discussion turned on the«question of military, service, and the possibility of evading military duty. Berthold apparently told Diederich that he was prepared to remove his ballot card from the register, and it would have the effect of the name not going in for the ballot. He told him, of course, that he would have to return the card befbre the last ballot, because if he did not do so he (Berthold) would be found out. Diederich i apparently agreed to the scheme, and told Berthold to get on with it. Berthold said he would require some payment, which Diederich allegedly agreed to make. Berthold, as a matter of fact, produced the card and the card of anothei/man, and showed them to Diederich to convince him that he had got control of the ballot cards. As a result of Berthold's salesmanship, it was alleged, Diederich paid Berthold £5, and Berthold handed Diederich his (Diederich's) card. It was later returned, however, to Berthold. Subsequently, it was also alleged, further payments of money, making a total of £15, were made. Berthold later ceased to be employed by the National Service Department, and he arranged for another employee of the Department to restore the cards to their original places. As a matter of fact.this man did return a number of the cards. When inquiries were being made the defendant was interviewed by Senior-Detec-tive Doyle and Detective Hogan. No written statement was made, but Diederich admitted knowing Berthold. He admitted that Berthold put the proposition to him, and he admitted throwing Berthold a "quid or two" occasionally. He said he often did that for his clients or customers, or what^ ever they called them in the business in which the defendant was engaged (Laughter.) Diederich said that when the boys were hard up he would throw them a quid or two and not expect them to return it. LIABILITY FOR BALLOTS. Evidence was given by Herbert Leslie Bockett, Controller of Manpower, who said that Diederich was liable for four overseas ballots. He was actually called up on August 6, 1941, at which time every eligible single man was deemed to be called up. If a man's card had been removed from the ballot draw he would not participate in a ballot unless the removal were discovered. Berthold, said witness, was employed in the Department from May, 1940, to November, 1940, when he was transferred at the Department's request to another Department. For part of tllat time he would have access to the ballot' room. A man named C. B.^ Lye was also employed in the Department during at least part of the time Berthold was there. Lye was inspecting officer in charge of the ballot register and ballot cards. To Dr. Mazengarb, witness said that on August 21, 1940, Diederich was medically boarded and graded class 3. Berthold would be in the ballot room only two or three weeks prior to November, 1940. Henry Joseph August Berthold said that he had known Diederich for some years. He saw Diederich in the Gresham Hotel and suggested that he could arrange for the defendant's card to. be withdrawn from the ballot if it was made worth while for him. In anticipation, he had brought Diederioh's card with him. Diederich said that he was unfit and had a bad leg and a bad heart. He was inclined to laugh at the proposal. Witness said that he knew Diederich had a friend, who was also a single nian, and that he might be able to do something for him. Diederich said that witness had better see the other man himself; he personally would have nothing to do with the plan. At his request witness showed him his card and that of his friend which he (witness) had also removed from the register in anticipation. Diederich put both the cards j into his pocket and witness did not recover them until a day or two later. Witness did not have any further discussion with Diederich on the subject of the cards. He borrowed several sums of money from Diederich, but tho latter did not pay him anything with the object of keeping his card out of the register. , "I could not sell the cards to him," witness added. Witness said he told Diederich that his card could be kept out of the register until the last ballot for single men. "NOT INTERESTED." Mr. Biss: What did he say to that?— He was not interested. To sum the whole thing up, I suppose he did not want me to keep the cards out. He did not pay me anything to do it for him. It was about six weeks later that I first received money from him. Had the money any relation to the cards? —None at all. Is the statement you are now making in the box on oath the same statement as you made previously to the police? No, it is not, but when I made that previous statement I had no idea that action would be taken against the people* whose cards I had taken out. If I.had known that I might have been more inclined to tell the police the real facts.

The Magistrate gave Mr. Biss leave to cross-examine the witness on his statement to the police. Mr. Biss (to witness): What did you say in that statement was the reason for Diederich paying money to you?— To keep him out of the ballot. What did you say was Diederich's reaction to the proposal?—l don't remember. Did you say that he accepted or refused?—l think I said that he accepted. But I had no idea at that time tha.t action would be taken against him. I thought. I could make any statement at all. I knew that whatever I said I was going to get into trouble myself. Witness repeated that he had received nothing by way of a bribe from Diederich. > 10s EACH WAY. Mr. Biss: You did receive some money from Diederich about the time you took his card from the ballot? — Yes, but that was in connection with a bet, and I think it was about £10 or £11. I know I had had 10s each way on a horse. (Laughter.) What objection would there have been to telling the police that Diederich paid no money to you for the purpose of getting his card out of the ballot?— The evidence I am giving today is the correct evidenced My imagination runs away with me sometimes. Mr. Biss: How often does your imagination run away with you?— Not now. You still say that Diederich's payment of money to you had nothing to do with the removal of his card?— Nothing at all. To Dr. Mazengarb, Berthold said he had known Diederich for. ten years.