CREAM TESTS.

Kaikoura Star, Volume XLIV, Issue 38, 9 May 1924, Page 3

CREAM TESTS.

PALMERSTON NORTH, May (5. The local sessions of the Supreme Court opened this morning. True bills were returned in five cases, wherein Henry Simpson was charged with Arthur 'Melvin Taylor, John Jens Sofens Thomason, Otto Kreegher, Richard Gairgan and Alfred Wright with conspiring to defraud in connection with the supply of cream to the Cheltenham Dairy Company. The first case heard was against Simpson and Thomasen, who were charged that during October last they conspired to defraud the Cheltenham Dairy Company of £S9 18s by means of false cream tests. Simpson pleaded guilty, and Thomasen not guilty. Simpson left the dock, and the trial of the second accused was proceeded with. Prosecutor said that while there was no question of the company having been defrauded of a certain sum, the amount set out in the charge was merely speculative, and represented the probable loss by the company due to accused’s alleged conduct. The way the alleged fraudulent conspiracy was found out was somewhat unusual. When Simpson was absent from work the tests went down, but when he returned a few weeks later, the tests immediately went up again. The suspicions of the company were aroused, ami the defendant and the others involved were given an opportunity of explaining. They attended a meeting of directors, and counsel claimed that the offence was practically admitted. An extraordinary legal situation arose when the jury returned with a verdict of not guilty of conspiracy but guilty of defrauding the company through Simpson’s neglect. The verdict caused, some consternation, His Honour confessing he could not understand it, and pointed out the question was whether accused (Thomason) had conspired with Simpson with intent to defraud. The Foreman: The jury finds no agreement between the two men. His Honour: In that case I shall take the finding as one of not guilty. Does the jury understand .Simpson has already pleaded guilty of having conspired with Thomasen ? The Foreman: The jury dealt with the case from Thomason’s point of view and found he had no part in the conspiracy. The Crown Prosecutor suggested that the jury be asked to reconsider their verdict, but this was disallowed. His Honour said the best way would be to discharge Thomasen, and as other charges were pending against him that he be detained till to-morrow. The Crown Prosecutor said Simpson should be allowed to withdraw his plea and be discharged. His Honour: But he will have been arraigned on a criminal charge and discharged without trial or plea. As it required two to form a conspiracy, Simpson, according to the jury, was not guilty, In addressing Simpson his Honour (Mr Justice Salmond) said, “You have pleaded guilty to conspiracy. You may have thought you were guilty, but the jury has found that there was no conspiracy. The Crown Prosecutor searched vainly for a parallel case. Both prisoners were discharged, though Simpson was detained on other similar charges in respect of several other farmers. PALMERSTON N., May 7. The second of the cream test cases commenced this morning at the Supreme Court. Henry Simpson and Alfred Wright wore charged with having, -luring October, conspired to defraud die Cheltenham Dairy Company of £2B by furnishing false .cream tests to the company. The accused pleaded not guilty. The case was similar to that heard yesterday, when Simpson and a supplier named Thomasen were acquitted on a like charge.