Alleged False Pretences

Hawke's Bay Tribune, Volume XVII, Issue 202, 10 August 1927, Page 5

Alleged False Pretences

Charges Against Sawmillers. LENGTHY EVIDENCE A HASTINGS CASE. At the Hastings Magistrate’s Court this morning, before Mr. A. M. Mowlem, S.M., Frank Burge and Oliver Burge, of Hastings, sawniillers, were charged with, between March 4 and April 1, 1927, at Hastings, with intent to defraud, did attempt to obtain from O. and A. Odlin, merchants, Wellington, £199 2/3, by false pretences, to wit oy falsely representing that they supplied them with 47.350 feet of timber to the value of £648 1/10, whereas they only supplied 35,262 feet to the value of £448 19/7. Frank Burge, Hastings, sawmiller, was charged, on or about February 11, at Hastings, with intent to defraud, he did obtain from C. and A. Udlin, merchants, Wellington, £(9 14/7 by means of false pretences, to wit by falsely representing that iie supplied them with 40,982 feet of timber valued at £612 0/2, between January 1(1 and January 25, 1927, whereas he had supplied only 36,307 feet, valued at £532 5/7. Detective Fitzgibbon conducted the prosecution and Mr. C. Duff appeared tor the defence. Mr. E, Commin watched the proceedings on behalf of C. and A. Odlin. The charge against Frank and Oliver Burge was heard first. CASE OUTLINED.

In outlining the case, Detective Fitzgibbon said that defendants were sawmillers, carrying on business in Hastings, and they had a contract with C. & A. Odlin, timber and hardware merchants, of Wellington, who had a branch in Hastings, to send them all their timber, less 5000 feet a month, which they were allowed to ke'ep for their (defendants’) own requirements as builders. The timber was to be delivered at Odlin’s yards in Hastings. The yardman at the defendants’ mills, responsible for the loading, took an account of the loadings on a board, and that was copied in triplicate into a book, and when that was completed the original went with the timber. These particulars showed the quality, lengths and numbers of the timber, and the copy on the dockets should be the same as on the original. Since January last Odlin’s had been up against shortages in their supplies from the Burges. On April sth, Odlin’s manager (Mr. Poppelwell) at Hastings, left on a holiday, and while he was away Frank Burge called at the office and saw Mr. Collins regarding the shortages. He told Mr. Collins that if he would certify to the dockets he would pay for it. As the result of this the dockets were turned up, and it was found that there had been wholesale fabrications. Further, he told Mr. Nicholls, who checked the timber at Odlin’s yards since March 4th, that he would see he was well paid if he would let the dockets go through. Nicolls always took a note of the deliveries from the dockets in his own book when the loads came in, and he checked the loads against his book some time afterwards, endorsing the docket with the result of his own tally. It was discovered that there were 90, 107 and 167 feet short. It would be shown that in the March dockets several alterations and additions had been made in figures identical to those of Oliver Burges. At the end of the month the account was rendered for timber supplies, as stated in the information. Detective Fitzgibbon also said that Burge Bros.’ documents had been destroyed in a recent fire at their yards, when the office was burnt. YARDMAN’S EVIDENCE. William S. V. Nicholls, yardman for C. and A. Odlin at Hastings, deposed that lie received the timber as it arrived from Burge Bros, and a docket was handed in with every load by the driver. He used to copy the docket into a pocket book, just for his own use. A week or 10 days, or longer, would elapse before the load was checked. In checking it he used own book, and if the load agreed lie would enuurse the uocKet ua the back. Ho would then put in the total number of pieces und signed the docket. There were 12 dockets and all boro his signature and he entered the total on each, except one. He was examined exhaustively regarding the receipt of the dockets and the timber in the yards. He said he checked the loads against the record in his own book as copied from the dockets, and he altered his figures where lie found a surplus of pieces to the credit of the load, and he also altered the figures in bis book to show the shortage, endorsing the docket to show surplus or shortage, according to his own tally. He knew both the defendants who were often in the yard in connection with the timber. There was a shortage in docket. 619. Frank Burge had a discussion with witness over the shortage. Frank Burge came alone once and both came together the next time. After discussing the rejects Frank Burge said he could use them, but that he could not understand the shortage. At the time both the Burges came, they had a look at the shortage of the 6xl, but neither said whether they were satisfied. After discussing the rejects, Frank Burge said to witness as far as witness could remember the exact words, “It will be worth a quid a week” or, “Its worth a quid a week to you to let them go through,” mean-ing the dockets. Witness did not understand that to refer to the shortages, but to the rejects. When Frank Burge made the remark to witness Oliver Burge would bo about four yards away. He was within hearing, but witness could not say if he heHrd. Witness made no reply to Frank, who asked him to think it over and witness said he would.

Cross-examined by Mr Duff, witness said the lorries nearly always arrived before 4.30 p.m. The dockets were handed to witness and witness directed the carrier where to put the which would be unloaded in one heap. Witness imm-’diately copied ■<* 77dcket and handed It into the office at once.

THOUGHT IT A JOKE. Did you think over the proposal?— 1 told my mates I was getting a rise of £1 a week from Frank Burge. We laughed over it, and thought it a joke. Did you think it so much a joke that you didn’t go back to Burge and speak of it a gain?—No 1 did not go back.

What date was the conversation held? —I can’t say; it was well six months ago, in the morning about 10.30 or 11. I did not note it in my book.

The Odlins are constantly selling timber from their yards —Yes they are, but the foreman, Mr Leeves, was tho only one to give delivery of timber.

Who accepts delivery?—Since early in March I’m the only one to accept delivery. Who have the handling of the timber in the yard?—Four or five of us. Who is your branch manager?—Mr Poppelwell. Do you know if Mr Poppelwell is friendly disposed towards Burge Bros?—

His Worship: You shouldn’t put that question to this witness. It might prejuuice his position with his employers. I rule that the queston cannot he put to this witness. Mr Duff asked that his objection be noted, which was accordingly done. Continuing, witness said he knew there was correspondence between the Odlins and Burges about the 90 shortage. Since March 4th, dockets arrived with each lorry load. He could say nothing regarding what happened before. Mr. Poppelwell told witness not to take loads without dockets. The shortage on the line of 6xl was not stacked away when witness and F. Burge discussed them.