ALLEGED TALSE PRETENCES

Lyttelton Times, Volume XCVI, Issue 14396, 12 June 1907, Page 5

ALLEGED TALSE PRETENCES

A CASE DISMISSED. Before' iVlr hi. Vv. bisnop, S.M., at the Magistrate's Court yesterday, Michael luarpay (Mr E. T. Harper; was tiiargea witn being a rogue and n vagabond witmn the meaning of the Ponce Offences Act, 18m, in that ho clia impose -on .John doornail J a meet by a vernal tVuso representation, with a view to obtaining money. Tim accused pleaded not guilty. John Cooaali J arret t ami that on April tiie accused camo to him auci stated that he was an advertising medium, and that ho was prepaimg a guide, wnich would bo printed within a mouth by Whiioombe and Tombs. Witness gavo liim an order and, paid for an advertisement for the publication. Harry Baker, printing order clerk for Messrs Whitcomb© and Tombs, said that in December last Murphy asked for a quo-Mion for the print.ng of 2000 guides. Tlio accused gai & no order, and witness did not geo him again. Detective Bishop said that, when charged and told that probably other charges would be preferred against him, the accused said that the Police could not beat him, and that ha need not. publish the book for at least three years. To Mr Harper: Ho knew a number of people who had given the accused orders two years ago, but they had never received any copies. Mr Harper, for the defence, submitted that no offence had been committed. Tho accused had not been guilty of fraud, and the only remedy against him was in the Civil Court, aim not under a criminal charge. He had been in the advertising business for years,’ and had brought out several publica tions. Ho had obtained quotations for tha work, ami had endeavoured, to tbs beet c-f his ability, to publish the guide; but he had failed, and the only remedy open to Jarrett was for a breach of contract. The accused bad bean charged under Section 48 of the Indictable Offences, Summary Jurisdiction Act, 1894, and that section required false pretences to be proved. Section 42 of the same Act defined “a-,, false pretence” ns ;i a representation either by words or otherwise, of a matter of fact either present or past, which representation is known to the person making it to bo false, and which is made with a fraudulent intent to induce the person to whom it is made to act upon.” Under that definition tho accused could not bo

convicted on the present charge, which was in respect, to a future fact, and neither present nor past. There was no reason why the accused should not publish the guide at any time. The Magistrate said that he was sorry to have to agree with Mr Harper, but ho had grave doubts as to the bofia fidee of the accused. Under the law there was no case against- the man, bat there would always be a doubt if a man, as in this case, went round obtaining orders in a wholesale manner. As Mr Harper had said, it was a broach of a civil contract, but he had grave doubts ae to the accused’s bonu tides when he sailed so close to the borders of a criminal offence. Mr Harper said that if ho were allowed to load evidence, he was sure that the Magistrate would reconsider'his remarks. The accused had brought out several publications, and he had been in the business for years. The Magistrate: Show some of the publications to me. Continuing, the Magistrate said that ho acknowledged the previous publications, but here was a man who got a quotation, and on the face of _ it obtained orders. Pl© would not withdraw any of bis remarks. The accused could carry out the work if ho wanted to, but he gravely doubted that he intended to do so. The man was dismissed.

On the application of the police, seven charges of false pretences preferred against MurpSy were withdrawn.