SUPREME COURT.

Manawatu Standard, Volume LXI, Issue 192, 16 July 1941, Page 2

SUPREME COURT.

VERDICT OE NOT GUILTY. In the Supreme Court yesterday, or remand from the Magistrate s Court Jtalpii William King, aged 86, inai. delivery contractor, oi Palmerstor North, faced lour charges alleging false pretences. The first charge was that on February 8, 11141, at Palmerston North, with intent to defraud, lie obtained from the Postmaster-General £2 6s by falsely representing that he had a trailer which he was using oil his motor-car for the purpose of conveying extra mail matter from the Palmerston North Post Office to Oliakea Aerodrome. The other three charges were identical with the first except that in each case the sum mentioned was Til 6s 8d and the dates specified were February 2S, March 131, and April 60. The Chief Justice (lit. lion. Sir Michael Myers) presided. Mr H. It. Cooper conducted the ease for the Crown and Mr E. G. Itowe appeared for accused, who pleaded not guilty to all the charges. The foreman of the jury was Mr J. M. Pearson. The case was begun yesterday and concluded to-day, when the jury returned a verdict of not guilty. W. J. Taylor, clerk in the motor registration brunch of the P. and T. Department, stated in evidence* that accused registered a trailer (shown as new) on February 14, 1041. To Mr Rowe he said a trailer that had been used but not previously registered should be shown as “second-hand,” “reconditioned,” or “used.” A fee of £1 extra was charged for a new registration, or one in respect of which there had been no registration for two yearsA. Charles, supervisor of the clerical branch of ihe department at Palmerston North, outlined that accused was granted an additional £4O remuneration for using a trailer to carry extra mail to Ohakea from Palmerston North. In a letter dated January 25 accused advised the Chief Postmaster that the extra facilities had been used as from January 11. In reply to Mr K6we. witness said a small proportion of accused’s claim for -extra remuneration was for extra handling of the mail and for the time involved. J. Lindsay (Chief Postmaster at Invercargill), who was arting-Chiet Postmaster at Palmerston North from November 18. 1940. until March 14, 1941, gave evidence of his interviews with accused, who sought a. subsidy on account of extra mail having to he carried and who had stated that the extra facilities for the carriage of this mail had been in operation since January 11. On January 25 accused said lie was having difficulty in securing a trailer and was using a larger In cross-examination by Mr Rowe, witness said the payments were made for the performing of a service: lie was not concerned whether they included tlie payment for the extra cost of petrol or not. After evidence had been given by other officers of the P. and T. Department, in reply to a question bv His Honour, Mr liowo said it was admitted that the trailer had never lieen used in connection with the mail contracts Mi- Cooper said that in view of that admission ho would close the ease lor the Crown. Mr Rowe said lie did not propose to call evidence, and Mr Cooper did not address tlie jury. Mr Rowe, in liis address to tlie jury, said it was denied that the paymerits were accepted; it was submitted that they were accepted for the use of a larger ear. Failure to keep a promi sc was not false pretences, although it might bo breach of contract. To be a false pretence, the taking of the money would lie pursuant to a deception, a concealment by the receiver of flic money from the payer of the money. A full disclosure had been made in this case, and payment made after that disclosure. Tlie obvious contract between the parties had been for accused to carry the extra mails and This had been done. Now it was proposed that accused should be deprived of payment of money lie had earned. After His Honour’s summing up, in which he dealt with the statements presented in evidence, the jury retired, .and after 50 minutes returned with a verdict of not guilty. Accused was accordingly discharged.