CONSPIRACY CHARGE

Greymouth Evening Star, 7 May 1940, Page 5

CONSPIRACY CHARGE

- ACCUSED?’ TRI AC- OPENED' ; '■ ‘LONG 1 AND DIFFICULT CASE” : •• [PER PRESS ASSOCIATION,] ’/ WELLINGTON, May 7. * The trial of Gordon Percy Aston and Harvey. Maitland Chjystall, on £ conspiracy and other charges, arising c. from the alleged invention of a device £ to divert torpedoes from ships, was ; begun in the Supreme Court, to-day,.. - before Mr. Justice ...Smith and a jury. -ri The joint charges against accused were: — s That, between October 1, 1937, and July 3, 1939, at Wellington and other s places in-New Zealand, they conspired 1 by deceit to defraud Hartley Roy Sei- i lers of sums of money totalling about s £6,765/1/9; | That, between March 9, 1938, and ; June 21, 1938, by falsely representing S that they, as co-owners, had sold to the .; British -Admiralty a secret invention ■? capable of diverting torpedoes from ?, ships, for £280,000, they obtained,-by means of an agreement made by that false pretence, with Edward Augustine Batt, sums totalling £2,094/4/6; That, on or about June 3, 1939, they stole a cheque for £750, drawn on the ' New Zealand Racing Conference No. 2 Account, at the Bank of Australasia, Wellington, the property of the Racing Conference;

That, on or about June 3, 1939, at Wellington, they received a cheque for £750, drawn on the Racing Con- > ference account, well knowing the same to have been dishonestly obtained ; That, on the same day, by falsely representing themselves as co-owners of an alleged invention, and that they were required by the Admiralty to clear a mortgage off property at Nelson known as The Hut, they obtained from Sellers iafcheque for £750, drawn on the Racing Conference account; That, on or about October 12, 1937, at Christchurch, by falsely representing themselves as co-owners of an alleged invention, they attempted to obtain £5OO from Charles Christopher Davis; That, on or about March 5, 1938, at Wellington, by means of the same false pretence, they attempted to obtain £3,000 from Hubert Louis Nathan. Both pleaded not guilty to all charges. The Crown Prosecutor, Mr. W. H. Cunningham is conducting the prosecution, with him Mr. W. R. Birks. Aston is represented by Mr. C. W. Russell, of Christchurch, and Chrystall by Mr. W. C. Leicester, with him Mr. R. T. Peacock. - ... Mr. Cunningham the case would probably occupy the whole of the present week, and probably a day or two next week, with which statement the defence agreed.

The Judge told' the ‘ jury 'thafr’ they would be accommodated in an hotel, and the Court adjourned to enable the ■jurors to make the necessary arrangements. COUNSEL’S ADDRESS '< 1J ” ,! y; .a, Opening the case for the Crown, Mr. Cunningham' said it would probabdy prove fairly long and difficult, difficult because the person who might have been the principal witness was dead, and therefore there was necessity to prove a great number of isolated facts, from which inferences could be drawn, as to what was the real story surrounding the transaction between the two accusedrand Sellers. Dealing with the first- charge of conspiracy, he said the jury Avould either have to convict both or acquit both. The essence of the charge was the agreement betwee„n the two accused to go into fraudulent dealings with Sellers. The jury had to distinguish between an agreement to do a fraudulent thing, and the actual fraudulent act, which followed the making of the agreement. The other counts dealt with certain specific, criminal acts, and the jury would ' have to satisfy themselves that either both or one of the accused should be convicted on any of the charges. Mr.. Cunningham said that Sellers was secretary of the New Zealand Racing Conference at a salary of £1,400 a year. He had an office in Mercer Street, and owned a private account at the Bank of Australasia, where also the Racing Conference had accounts, consisting of a general account, imprest account, and a number three, or jockey’s trust account. Except for the number’ two account, it was necessary to have two signatures to cheques, that of Sellers and that of some member of the committee. (Proceeding).