CREAM TEST CASE

Manawatu Standard, Volume XLIV, Issue 1009, 7 May 1924, Page 5

CREAM TEST CASE

ALLEGED CONSPIRACY. TO DEFRAUD DAIRY COMPANY. The local sessions of the Supreme Court were continued at the courthouse to-day before His Honour Sir John Salmond. Henry aimpscjn and Alfred Wright were jointly charged that during the moiith of October last they conspired to defraud the Cheltenham Dairy Company of £2B 3s 9d by furnishing false cream tests to the company. . Botii accused pleaded not guilty. Mr Ongley appeared for the accused Wright and Mr Cooke, Crown Prosecutor, conducted the case for the Crown. The case was similar to that concluded yesterday, when Simpson and John Jens Sorens Thomasen were acquitted on a like charge. The following jury was empanelled: Messrs N. L. Palmer (foreman), W. JArcher, E. Jones, J. 11. Rush, F. A. Orr, A. E. Blackboard, W. Spackman, H. J. Burrell, T. Allan, E. A. Smith, L. W. McEwan and F. E. Coutts. Addressing the jury Mr Cooke stated that the accused Wright had complained about his cream tests to Simpson, who was employed by the company as a cream collector "on the Stanway lound. Counsel alleged that the pair entered into a conspiracy to defraud the company by means of false cream tests, which Simpson took from the cream at the top of the cans without first stirring the cream to an even consistency, a necessary process before a true sample could be. taken Simpson was absent from his work owing to illness for several weeks and it was noticeable that the tests went down while he was away and went up again when he returned to work. Simpson was arrested on the present charge on 'February 16. Patrick B. Desmond, secretary of the company, stated that the accused, Wright, had the following tests over a given period: First period of November 42 per cent, second period 43 per cent, third period 42 per cent. First period in December 37 par cent, second period 34 per cent, third period 33 per cent. First period in January 37 per cent, second period 35 per cent, third period 40 per cent. Witness stated that Simpson was absent from his work from December 8 to January 15 owing to ill-health. Wright was credited with 5411bs of butter-fat in November, 382ibs in December and 3471bs in January. To Mr Ongley: He did not know how many cows Wright was milking in November, lie knew that Wright had arranged about December to give up the farm and that he actually did leave it in January. To Mr Cooke: The cream tests were lower during Simpson's absence when ill than they were before and afterwards. David Hull, manager of the company, also gave evidence. Percy Dallison Wildbore, employed in the testing room at the factory, stated in reply to Mr Ongley that in testing samples* of cream, a measure of care had to be exercised in adding the acids. On the occasion of taking the test in Wright's case from the sample brougnt by the police ho could not recall whether he (witness) had added the acids or whether that duty had been carried out by the manager. Mr Ongley: Now, 1 put it to you that when you took this test a good deal of argument was going on between you and the other young man who was in the testing room with you at the time. Witness: There was no argument.

ilr Ongley: Well, a general discussion on religious subjects then. —No. Mr Ongley: 1 put it to you that you had the Bible in the room and you were discussing religious matters. —No, not at all. His Honour (humorously): This is not meant to discredit that sort of discussion, is it Mr Ongley ? Mr Ongley: Oh no; merely to show that there was a good deal of discussion going on at the time in question. Constable Thorn, of Feilding, stated that, in consequence of information received, he took two samples of cream from the accused, Wright's, can and sealed them, forwarding one of the sample bottles to the factory manager and the other to the Government analyst. Simpson was arrested on February 16 but prior to his arrest he made a statement concerning his dealings with Wright. Mr Cooke read out the statement in which the accused Simpson stated that Wright saw him and told him he was "pushed" and had had a bad run with his cows. He asked Simpson to help him and the latter undertook not to stir the cream before taking the samples. Wright saw Simpson taking the sample in the manner arranged bv the latter. Simpson admitted in the statement that he was doing wrong but all he had received from Wright for his services was a quarter o! lamb. Mr Ongley asked iiis Honour to direct the jury's attention to the fact that the statement was not -evidence against Wright. , . ■ . • His Honour directed the jury to ignore the statement in so far as Wright was concerned. Constable Thorn, under cross-oxamina-tion, said the accused Wright was arrested at Hawera and witness proceeded to Marton to take charge of him from the escort from the Tara::iaki town. He denied that he had endeavoured to extract a statement from Wright on the train journey to Feilding. . , Mr Ongley : Did you not say to W right when you boarded the train: Come on now; I want you to tell me all about it. Witness: No, I did not. Mr Ongley: Did vou not also say that all the other men concerned had made statements admitting the offence ? Witness: I told him they had made statements. , Mr Onglev later objected to alleged statements made by Wright at the police station being admitted as evidence His Honour, after hearing Mr Ongley s contentions in support of liis point, said he was not satisfied that counsel had justified his objection, but he would be pleased to hear anything further he wished to say on the matter in Chambers The Court then adjourned until 2 o clock this afternoon.