Alleged False Pretences

Hawke's Bay Tribune, Volume XVII, Issue 203, 11 August 1927, Page 5

Alleged False Pretences

Charges Against Sawmillers ACCUSED RESERVE THEIR DEEENCE. COMMITTED FOR TRIAL. The hearing of tho charge against Frank Burge and Oliver Burge, of attempting to obtain from C. and A. Odlin £191) 2s 3d, by means of false pretences, was concluded at the Hastings Magistrate’s Court this afternoon, before Mr A. M. Mow! cm, S.M. Ronald J. McDonald accountant at the Hastings branch of the Bank of N.S.W., said he examined the dockets from No. 616 and onwards. He deposed to nuemrous alterations in the figures on the dockets and to the presence of strange figures, that were different to. the other similar figures. There were two different pncil impressions in different writing on one docket; one impression was made by a wet idelible pencil. In 620 docket the bottom line had been gone over with a pencil afterwards. The same occured in docket 621. There was a similarity between some of the figures on the dockets and those shown on exhibit A (1924 dockets). In docKet 624 most of the figures had been gone over in one column. He did not think that some of the alterations had been made by tho person who had filled in the dockets. In 626 and 628 some figures seemed to have been put in after the carbon had been taken out. Mr Duff did not cross-examine. CLERK’S EVIDENCE. Albert P. B. Collins, clerk in Odlin’s Hastings office deposed that the current dockets were hung on a clip above the desk and defendants could not fail to see where they were kept Mr Popplwell left on a holiday on April 5 and about April 8, he saw Frank Burge at witness's office on business. Frank Burge was in the office on April 9th, when he came to get the numbers of his last docket. Witness gave him the number. Frank Burge, in conversation, said to witness “Do you want to make some money?’’ and witness said “Too right’’ Burge said, “If you will alter our dockets by adding pieces to them 1 will see you are well paid for it.” Witness asked how it could be none and Burge said “You could easily alter them.’’ Witness replied “I couldn’t do anythink like that?’ Burge said, “all right, but don’t mention it to Mr Poppelwell.” He rcmemberd a shortage reported by Nicholls on April 7 and witness investigated the dockets, and on find ing certain irregularities, he reported immediately to Mr Poppelwell, who was on holiday. To Mr Duff: He was with Gdlins for 6 years and he knew his own work thoroughly which was office work at the Hastings branch. He was in the Hastings branch a year and two months now. What is your purpose in saying that defendants could see the dockets plainly?—l had no purpose. 1 just answered the question. METHOD OF TALLYING. Amos Hill, timber worker at Odiins yard deposed that he had worked for Burges as mill muuagcr, He ieit last August. He also acted as yardman for them. In sending out a load of timber, a tally board was produced and the timber wag tallied off the stack on to the board. The timber was put on a lorry and when the load was completed the tally board was made up ana entered in a book. The first page of the book (produced) was in his writing. He would enter that from the board straight to the book. There w’ould be no additions made to a load after the book had been filled in, unless the driver wanted more timber than the tallied load. I’hen it would be entered on a fresh line in the book. There would be no occasion to alter the existing figures. Practically all the time he was with Burges he w T as doing that particular kind of work. Frank Burge gave him instructions that, when the three ries got going, the Odlins would not be able to tally the pieces, but could count the pieces only. In tallying loads they got the actual number of feet and in counting they got the number of pieces. Burge suggested to witness that, as soon as he got to the big lengths, he snould tally 135 as 145, 145 as 155 and so on. That was to put a foot on to each length. Mr Duff: And, of course you wouldn’t do that?—l would not. 1 was finished with his employ at the time. To the Magistrate: Burge got a new manager the same day and wanted him to go as a yardman. That was why he left. Mr Duff: Did you start at Odlins after?—Yes. I got a job the same day and I have been with then since. You are comortable in your job?— YcS, 1 have a good job, tailing out to the planing sinco about January Ist. Prior to that?—l was working in the yard stacking Burges’ timber. You made a good job of it —Yes. STARTED ON MARCH 21. Andrew Potts, yardman at Burges’ mill, Puketitiri, said he filled in the docket-book in triplicate. He started on March 21 this year. The dockets were filled in by him, and addressed to Odlin, and sent away with tho lorry load of timber. He found the timber in different heaps in the yard and he knew it was out for some purpose, and he asked T. Hodly, who told him it had to go to Odlins. He took charge early in April when he took over the delivery books. Witness .wrote to Burges about this and Oliver Burge came up and he told witness to send the timber to Odlins. He got the dates and the records of timber from the tally boards. Dockets 622, 624, 625, 626, 627, 628, 629 and 630 were all written out by, him. Re 624, a person might have to use two pencils in filling in a docket. The listings on 1009, 1010 were supposed to have been shown on the load 624 in March, but not itll the timber. The total of 4902 feet on 624 could come down on one load. To His Worship: Green heart would go 450 feet to the ton. The load he referred to would be a heavy load. Some of the figures in the altera-

tions lookd like his but they might not be. When the load was completed and tue book filled in a copy of the docket was given to the lorry driver. Mr Duff: Regarding the weight of loads: They vary according to the weather. In wet weather the load would be lighterSYes, by a long way. And the state of the roads would affect the load. That’s the biggest factor. I suggest that sometimes the dockets are written when you are walking about the yards?—Yes, sometimes. And sometimes the weather is colder than at others ?—Yes, in cold weather I can hardly hold the pencil. In wet weather they were prohibited from driving the lorries, but if a lorry started for the mill in dry weather, it was allowed to return in .vet weathei. WEIGHT OF LOADS. Charles P. Flowers, builder, Hastings, said that he weighed Powdrell Bros.’ Thoneycroft lorry on June 17 on the Napier Gas Co.’s weighbridge, at Hastings, and it weighed 4 tons 8 cwt. 2 qrs. He weighed timber similar to that disclosed on docket 624 M, on the lorry on June 17 at the Gas Co.’s weighbridge. He couft not weight the timber in one load on the lorry. It had to be weighed separately. There were two weights —-the first load 6 tons lOewt. Iqr., and the second 3 tons 19 cwt 3 qurs.; total 10 tons 10 cwt. That weight was independent of the weight of the lorry. Some of the timber was more than half dry, and some more or less in a green state. It would be dryer than when counted from the mill. Harry H. Powdrell, of Powdrell Bros., Motor Engineers, Hastings, deposed that they were tho Hawke’s Bay agents for the Thorneycroft lorry. Tho makers’ maximum load was 5 tons. To his mind it would be impossible for the Thorneycroft lorry to carry 10 tons 10 cwt. on the road from Burges’ mill to Hastings. The lorry owned by H. A. Thompson was the same horse power, but differently geared. Mr. Duff: When did you sell tho lorry to Thompson?—Two or three years ago. I told him it was a 5-ton truck. This concluded the case for the prosecution. DEFENCE RESERY r ED. Mr. Duff said he proposed to plead not guilty, and to reserve his defence. Both defendants were very axious to give evidence and to call evidence, but, from indications, he thought it most improbable that His Worship would take the responsibility of dismissing tho case, and that he would send it to the Supreme Court, so he reserved his defence. His Worship said counsel’s position was correct. He (His Worship), no matter what the defence, would not undertake the responsibility of dealing with a case that ought to go to tho Supreme Court. Both defendants then pleaded not guilty, and they were committed for trial at the sittings of the Supreme Court, commencing at Napier next Tuesday. Bail was allowed in defendants’ own recognisances of £2OO each, the police offering no objection.