TRIAL BEGUN

Gisborne Herald, Volume LXVII, Issue 20241, 8 May 1940, Page 11

TRIAL BEGUN

CONSPIRACY CHARGES ALLEGED INVENTION ANTI-TORPEDO DEVICE WEEK'S HEARING LIKELY (Per Press Association.) WELLINGTON, this day. The trial of Gordon Percy Aston and Harvey Maitland Chrystall on conspiracy and other charges arising 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. The joint charges against the accused were: That between October 1, 1937, and July 3, 1939, at Wellington and other places in New Zealand, they conspired by deceit to defraud Hartley Roy Sellers of sums of money totalling about £6765 Is 9d; that between March 9, 1938. and June 21, 1938, by falsely representing 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 £2094 4s 6d; 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 Conference account, well knowing the same to have been dishonestly obtained; that on the same day, by falsely representing themselves as coowners of the alleged invention and that they were required by the Admiralty to clear a mortgage off a property at Nelson, known as The Hut, they obtained from Sellers a cheque [or £750 drawn on the Racing Conference account; that on or about October 12, 1937, at Christchurch, by falsely representing themselves as coowners of the alleged invention, they attempted to obtain £SOO from Charles Christopher Davis; that on or about March 5, 1938, at Wellington, by means of the same false pretence they attempted to obtain £3OOO from Hubert Louis Nathan “Both pleaded not guilty to all charges. Jury to be Held The Crown prosecutor, Mr. W. IT. Cunningham is conducting the prosecution, with him Mr. W. R. Birks. Aston is represented by Mr. D. W.. Russell, Christchurch, and Chrystall, by Mr. W. E. Leicester, with him Mr. R. T. Peacock Mr. Cunningham said 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. His Honour told the jury they would be accommodated in an hotel and the court adjourned to enable the jurors to make the necessary arrangements. In opening the case for the Crown, Mr. Cunningham said it would prol> ably prove fairly long and difficult because the person who might have been the principal witness was dead and therefore there was the necessity to prove a great number of isolated facts from which inferences could be drawn as to what was the real story surrounding the transactions between the two accused and Sellers. Dealing with the first charge of conspiracy, he said the jury would either have to convict both or acquit both the accused. The essence of the charge was an agreement between 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. Specific Acts The other counts deal 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 £I4OO 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, an imprest account, No. 2 imprest account and a No. 3 or jockeys’ trust account. Except for No. 2 account, it was necessary to have two signatures to cheques, that of Sellers and that of some member of the committee. Nothing in Writing Mr. Cunningham said the financial transactions between Sellers and the accused started about October 1, 1937, and lastqd until July 3. 1939. when Sellers disappeared from Wellington. In that period Sellers paid over to the accused about £7OOO. That money was made up from Sellers’ private resources —he was able to overdraw his bank account by £2OO0 —borrowing from friends and from a guarantee he arranged for £3700 and £llOO which Sellers misappropriated from the Racing Conference. There was not a single thing in writing to show what consideration or guarantee Sellers received from the accused for the money. The history of the case would seem to divide the transactions into roughly three phases, first, when Sellers had practically exhausted his private resources and had made a few loans, secondly, when he secured for the accused a guarantee account of £3OOO and thirdly, when he was taking money from the Racing Conference. The hearing is proceeding.