DEFENDANTS ACQUITTED

Evening Star, Issue 21220, 29 September 1932, Page 9

DEFENDANTS ACQUITTED

TIVOLI THEATRES CASE FRAUD CHARGES DISMISSED Press Association—By Telegraph—Copyright. SYDNEY, September 28, In connection with the Tivoli Theatres fraud allegations, the magistrate, after a lengthy hearing, acquitted and discharged the three defendants, Messrs H. D. MTntosh, E. Corel!, and A. J. R. Curtis. The magistrate said that, although single transactions might be suspicious, he did not consider that fraud had been , made out, therefore there was no case to answer. Further minor charges were also dismissed. Mr Maughan, K.C., who conducted the prosecution, said that the case was a tragic one for him, since a leading fellow-barrister and friend happened to be one of the defendants. The charges were that M’lntosh, Coveil, and Curtis on September 10, 1929, being directors of the company, received and possessed themselves of certain property of the company a cheque for £13,570 5s lid—otherwise than in payment of a just debt, and omitted to make or direct to be made a true and sufficient entry in the hooks and accounts of the company with intent to defraud; that M'lntosh, Covell, and Curtis on September 10, 1929, at Sydney, fraudulently applied, for a purpose other than the purpose of the company, a cheque for £13,570 5s lid; and that between May 21, 1928, and September 14, 1929, the three defendants did conspire among themselves fraudulently to apply, for a purpose other than the purpose of the company, the freehold of the Tivoli Theatre, Sydney, subject to a prior mortgage in favour of the City Mutual Life Assurance Society Ltd., and the leaseholds of the Tivoli Theatres in Sydney, Melbourne, and Adelaide subject to certain prior charges in favour of the City Mutual Life Assurance Society,