FALSE PRETENCES ALLEGED

Evening Star, Issue 25927, 19 October 1946, Page 9

FALSE PRETENCES ALLEGED

SALESMAN COMMITTED FOR TRIAL DEAL WITH SHOP ASSISTANT Thomas Gibson Waters, a salesman, aged 61, who was charged in the City Police Court yesterday, before Mr J. D. Willis, S.M., that with intent to defraud he had obtained the sum of £3OO in money from Arnold • Dytmore Walker by falsely representing that he was the owner of a section at Abbotsford, was committed to the Supreme Court for trial, bail being allowed on his own recognisances. The accused was represented by Mr 1. B. Stevenson and Mr J. G. D. More, and Chiefdetective T. Y. Hall conducted the case for the police. After lengthy evidence was heard, Mr Stevenson submitted that a prima facie case had not been made out, but the Magistrate held that the evidence justified his sending the case for trial. Arnold Dytmore Walker, a shop assistant, living at Abbotsford, gave lengthy evidence describing his dealings with the accused. Witness said that he had intended to get married, and while employed at the Self Help store at Green Island, he heard the accused tell the manager, Mr Heggie, that it would take about 27 weeks to build a house. Witness was introduced to the accused and he arranged to have a house' built on a section witness picked out. Witness told accused that he had £4OO at his disposal, approximately £IOO being gratuity money. The accused told him that the cost of the section .and dwelling would be £1,600. Witness took the accused to his parents home and explained to him the kind of home. he wanted. The accused made certain measurements and told him that he would draw a plan of the house he wanted. Witness said he would like to put the matter in the hands of a solicitor, but the accused said that except in making the final arrangement he could do practically everything himself. The accused spoke of the fact that witness was a young returned serviceman, and said he wanted to help him.

When the question of a loan was brought up, witness continued, the accused said this could be obtained without consulting a solicitor, and that he had a form for the purpose in his office. He added that it would help to keep down costs if he did not see a solicitor. He promised to draw a rough plan and bring it to witness next day. The accused showed him the plan next morning, and told him that he would have it blue-printed if it was in accordance with what . witness wanted. Arrangements were made for. a blueprint to be picked up on July 26. The accused promised to call on the following Monday, and he subsequently telephoned witness that he would not be able to see him for a day or two. Witness called at the accused’s office at 11.30 a.m. on July 31, and the accused came in a little later. Witness explained that the plan was suitable except that an extra door was needed, and the accused made provision for this on the plan. Witness was then handed typewritten specifications of the house and a memorandum of sale, which he signed. This did not show who the owner of the land was. The accused also had a form dealing with a proposed loan from the Dunedin Savings Bank, the accused stating that it would ,be necessary to apply for a loan of £1,400.

Witness signed the form for an alleged loan from the bank, and the accused said that he would put it in the hands of a solicitor, and that witness was not to worry about it. Witness asked how much he would he required to pay, and the accused said it would be £3OO. The accused said that the £loo' above the contract price would be reimbursed to witness. The accused said he wanted two payments of £l5O each. One was to cover the cost of drawing up plans, etc., and the other as a deposit on the house. DREW £3OO. Witness said he went with the accused to the Dunedin Savings Bank and withdrew the sum of £2BO, and then to the Post Office Savings Bank and withdrew £2O. The accused gave witness two receipts. The accused then made out a memorandum of agreement, which witness signed. He told witness that the building would be started just as soon as he - could get a bulldozer to prepare the site. On August 20 witness rang the accused and asked him when he intended starting the contract, and he repeated again that he was waiting for a bulldozer, and added that a start would be made that week. Witness did not see the accused again until he saw the report of a case m the newspapers. He told him that ha was startled by what he had seen, but the accused told him not to worry, as everything would be all right. On September 19 witness went with his fiancee to the accused’s office. Witness told the accused , that he had come to the city to buy furniture, and asked him when a start would be made on the house. The accused said that, as witness did not have a section, he could not build him a house. Witness said he understood that the arrangements made included a section, but the accused said he had never understood that that was the position. The accused said that if he paid another £IOO he could obtain a section, but witness explained that he could not afford to spend another £IOO, and that he would place the matter in the hands of a solicitor. Witness understood that when he paid over the £3OO he was obtaining a house and section for £1,600, or less. Witness did not hear anything more from the accused. To Mr Stevenson: The price of the section was to have been £IOO. Witness remembered that at the interview in the shop before the section was inspected, the accused told-him that he should make up his mind, as he had taken an option over the section. Witness had not made any inquiries from the Green Island Borough Council concerning the property. He was aware that the property had to be subdivided before being sold. Every time witness mentioned the land the accused reassured him. Witness was aware that the accused had consulted a solicitor about the transaction. Evidence corroborating certain statements by the previous witness was given by David Douglas Heggie, manafer of the Self Help Co-op. Grocery tore, Green Island, and Daphne Joyce Davey, shop assistant. William George Hilliker, accountant in the Dunedin Savings Bank, said that no application had been made in the name of Arnold Dytmore Walker for a loan for mortgage purposes. POLICE INTERVIEW. Detectve J. A. Marshall gave evidence of an.interview with the accused on October 14 last. He told the accused that there had been a complaint by the chief witness in the case concerning the sum of £3OO which had been handed over to him. The accused replied. “ The job is definitely going on.” He also stated that lie intended to go on with the purchase of the section. The accused said the money was safe, adding that it was “ in the boy’s account.” Witness then asked him in

which bank the account was lodged, but the accused said, “If you are going to ask me theses questions I had better see Mr Stevenson.” The accused said in reply to other questions that a building permit had been issued. He admitted that Walker’s • solicitor had asked for a return of the £3OO, and said that Mr More had fixed it up. As a result of a suggestion by the accused’s counsel, Mr Stevenson, witness had asked the accused whether the accused’s daughter-in-law. and two sons held any money on his behalf, and the accused said that they did not. An objection to the evidence given by Detective Marshall relating to his interview with the accused on October 14 was made by Mr Stevenson, and the magistrate said the objection would be recorded.

Robert Wylie, a brcklayer, living at 13 Dali street, Green Island, said that his wife owned a section in James street, this being lot 17, township of Burnside Extension, containing 1 rood 13 perches. Witness said the accused had called at his home in June last stating that he would like to purchase the James street section. He told the accused that he was willing to sell at £2OO cash, and the accused asked for a month’s option over the section. This was agreed to by witness and his wife, the accused passing over a shilling to his daughter as a token of good faith. On July 18 the accused called and told witness that he would purchase the section and that the money would be paid to a firm of solicitors the-next day, but the money had not been handed over.

The Finance Committee of the Otago Hospital Board will report to the monthly meeting of the board on Thursday .next that the DirectorGeneral of Health had advised that the Minister approves of the board taking steps to acquire under the provisions of the Public Works Act, the land iu Hanover street extending to Cumberland street from the board’s property at the corner of King street. The board’s solicitors have been instructed to proceed herein. *