£2000 Bail For Accused In Fraud Case

Northern Advocate, 20 February 1940, Page 3

£2OOO Bail For Accused In Fraud Case

t Per Press Association. Copyright .l WELLINGTON, This Day. THE HEARING WAS CONCLUDED IN THE MAGISTRATE’S COURT YESTERDAY, OF THE POLICE CASE AGAINST HARVEY MAITLAND CHRYSTALL AND GORDON PERCY ASTON, WHO WERE JOINTLY CHARGED WITH HAVING CONSPIRED, BY DECEIT, TO DEFRAUD HARTLEY ROY SELLERS (DECEASED) OF SUMS TOTALLING ABOUT £6765. The accused pleaded not; guilty and were committed to the Supreme Court for trial. Bail was fixed at £IOOO, with a surety of a similar amount, or two sureties of £SOO each. Continuing in evidence yesterday afternoon, Detective-Sergeant Murray gave evidence of an interview with Ghrystall at Nelson. Me also produced a statement signed by Chrystall detailing Ids connection with Aston and Sellers. The statement said that. Chrystall and Aston were associated throughout, and he (Chrystall) accepted full responsibility in getting the money for Aston’s patent.

[ Experiments were actually carried out at Tahunanui as stated, according to Chrystall’s statement, witness continued. Experiments with great danger to himself, accused had said, were carried out on the patent. In the signing of the agreement with Batt for the guarantee of Sellers’ account for £3OOO, Chrystall said he and Sellers were taken completely by surprise by Bait's insistence that the premium should be £6OOO instead of £3OOO. Alleged Statement. Continuing, witness said reference was made in the statement to a cheque handed to Chrystall by Sellers for £l5O and drawn on the Racing Conference No. 2 account. Chrystall stated that Sellers had assured him it was all right, and subsequently told him that he had seen his chairman. Accordingly, when Sellers wrote out the other cheque on the same account for £750, accused said to witness, both Chrystall and Aston were completely disarmed. The fact that two further cheques for £l5O and £BO respectively, both drawn by Sellers on the same account, corresponded with remittances by Sellers to Aston of similar amounts, was a matter about which Chrystall said he knew nothing. Referring to his meeting with the Racing Conference executive committee, Chrystall said to witness that he frankly told the committee that he accepted full responsibility for what had occurred, but he did that as much to help Sellers as anything else. Chrystall also stated that while in Sydney in June, 1939, he had completed arrangements so that Aston would have £llsO available in New Zealand to reimburse the Racing Conference, subject to Sellers agreeing to certain conditions. All moneys he had received from and through Sellers, continued Chrystall’s statement, were used in connection with the business. “I want to make it clear that from my own personal knowledge and experience ' as an engineer the whole business is bona fide,” the statement continued, “and all the matters I represented to Sellers, Batt and others in obtaining finance for the business have been genuine.” Interview With Aston.

Detective-Sergeant Murray also produced notes on an interview with Aston at Christchurch last December. Witness said Aston was questioned as to the alleged invention and said he had no money transactions with Sellers.

Aston added that a month before Sellers disappeared he (Aston) had received a clearance showing that there was no money owing between him and Sellers. In a subsequent interview Aston had told witness that in all the money transactions with Sellers and Chrystall he had simply acted as Chrystall’s agent with any money he had received. Aston had denied having said the Awatea had been fitted with antitorpedo plates at Sydney, and, answering other questions, had replied that he was not prepared to discuss his financial interests in Australia or elsewhere. He could not understand Sellers disappearing, because everything could have been fixed up within 24 hours. Witness added that when Aston was asked whether he did claim to have some contract or arrangement with the British Admiralty he shook his head and said: “I cannot tell you that.” Money traced from Sellers to Aston was, Aston said, in connection with ordinary business, and there was no fraud in anything he had done. Detective-Sergeant James McClurg, of Christchurch, said that on July 10, 1939, he had a conversation with Aston in connection with another matter not before the court. Had No Interest. Aston said there were no financial difficulties between himself and Sellers, but that there were considerable financial difficulties between Sellers and Chrystall, and that the amount involved was about £7OOO. He said he had no interest in any financial matters with Chrystall and that Sellers had told him that he was having financial difficulties, and was trying to arrange an overdraft at the bank. Witness corroborated evidence given by Detective-Sergeant Murray, and this concluded the case for the police. Mr W. E. Leicester, for Chrystall, intimated that Chrystall had nothing further to say to the court at the present stage. Publication of Evidence. Counsel suggested that the court might formally overrule any objection he had made as to the admissibility of evidence, his reason being: the evidence had been published and so far as Chrystall was concerned counsel had no complaint regarding the manner in which the evidence had been published or the fairness of the prosecution. It seemed unprofitable to embark on a discussion of the evidence for the purpose of pressing the objection. Therefore it did not follow that if objections were allowed at the present stage the trial judge would necessarily take the same view or that there would be any substantial gain in pressing the objections. No harm had been done to Chrystall by the publication of the evidence.

Mr Purchase, for Aston, said he wished to associate himself with Mr Leicester’s remarks, and so far as Aston was concerned, he was content to leave the matter in the hands oi the court. The only matter to which he felt he had substantial objection, said counsel, were those referring to the gold-making episode in 1928 and Aston’s habit of tearing up bank notes. The first reference was to something said to have taken place years before anything that could have possibly affected the present case. As to the second objection, • it had not been shown that the habit was outside Aston’s normal personal habits for a period of years. It might be foolish, but it had no relation to the present charge. The magistrate, Mr J. H. Luxford, S.M., in ruling that there was a prima facie case against the two accused, said it was not necessary for him to go into the question of objections to evidence. He would formally overrule all objections and commit the accused for trial at the Supreme Court. Further Evidence. Continuing his evidence yesterday, lan Burns Cromb, of Christchurch, managing director of Cash Radio (Westland) and Cash Radio (Southland), said that on occasions Aston came to his office unshaven and tired in the mornings and said he had been talking to the Admiralty by means of his earth telephone.