ALLEGED FALSE PRETENCES.

Manawatu Standard, Volume XLI, Issue 9135, 7 February 1910, Page 5

ALLEGED FALSE PRETENCES.

A PAHIATUA CASE. At tho Magistrate's Court this morning, before Mr A. D. Thomson, S.M., Frederick Dunn, formerly of Konini, contractor, was charged that'being the seller of three draught horses, one dray, three sets of harness, and three horse covers, for the sum of £155, in order to induce the purchaser, Joseph Powell, to accept the title, he did on November 2, 1903. with intent to defraud, conceal from Powell a bill-of-sale for £100 over the horses- and outfit; Sub-Inspector- O'Donovan conducted the case on behalf of the police, and Mr H. R. Cooper appeared on behalf of the accused. Joseph Powell deposed that he and his brother were living at Pahiatua in November, 1903. They met accused on the first Sunday in November, and he then stated he-had a team of three horses to sell at Konini. They made arrangements to go down to Konini the next day to see them. They saw accused with the horses next day, loading firewood into a dray in some bush the dairy factory. The three horses were harnessed to the dray. They agreed to purchase them for £155 14s. The horses were heavy draughts. They then went to tho Konini Hotel, and witness- gave

accused £100 and his brother gave a t £.s_s cheque. Accused signed the receipt for the amount. Nothing was said by him about any previous liability on the horses either on the Sunday or Monday. Witness and his brother then took tho horses, dray," harness, and covers to Pahiatua with them. Either the same day or tho next day the horses, etc.. wore taken from them by a man. named Vile, who claimed possession under a bill-of : sale. The mao who took possession did so on behalf of Mr J. D. Crewe. Eventually witness's brother had to pay £100 to satisfy the bill-of-sale. A short time afterwards witness went to Ngaruawahia an,d had riot seen accused since. The Sunday that witness met accused was the first occasion on which he had seen 'him. He lai<J the information a few days after the seizure, on the advice of a solicitor.

Thomas Powell, brother to Joseph Powell, knew the accused at Pahiatua, and remembered the transaction. Witness and his brother were thinking about buying a carrying ' business, and on the Sunday in question they met accused, who said ho heard they wanted to buy a team of horses. He said also he had a team for sale at Konini. Next day witness to Konini with hisbro.ther, and agreed to buy the horses and the outfit for £155 14s. Witness gave a cheque for £55 14s, and it was cashed on November 2,' 1903. Accused wanted £160 and witness's offer was £150. They eventually. split the difference. Witness never understood that anyone else was concerned in the deal, and considered the horses and outfit were entirely his and his brother's, who was his partner at tho time. There was nobody present at the transaction exbept witness, his brother, and accused. On Tuesday following the purchase witness met a man named Crewe, and in consequence of what he said understood there was a bill-of-salc "for £100 over, the horses. Next day Vile (on behalf of Crewe) came down and seized the horses. Witness then took a fresh, bill-of-sale over the. horses to secure them, and eventually - paid''it off. Witness never received "the £100 from accused, nor did he ever see Jiim or hear from him till after his arrest.

Jonas D. Crewe, Pahiatua, gave evidence, after which accused was committed £or trial.