Conspiracy Case; Further Evidence For Crown

Northern Advocate, 10 May 1940, Page 2

Conspiracy Case; Further Evidence For Crown

[Per Press Association. Copyright . 3 WELLINGTON, This Day. Further evidence for the Crown was heard in the Supreme Court yesterday before Mr Justice Smith and a jury in the trial of Gordon Percy Aston and Harvey Maitland Chrystall, on conspiracy and other charges arising from the alleged invention of a device to divert torpedoes from ships. The accused, among other counts, are charged with conspiring by deceit to defraud Hartley Roy Sellers, of £6765. The Crown Prosecutor (Mr W. H. Cunningham) is conducting the prosecution and has with him Mr W. R. Birks.

Astcn is represented by Mr D. W. Russell, of Christchurch, and Chrystall by Mr W. E. Leicester, with him Mr P. T. Peacockc. Sellers’ Banking Transactions Wilfred Hugh Robertshaw, stock and share broker, and for six years, until December 16, 1939, manager of the Bank of Australasia, in Wellington, gave details of Sellers’ banking transactions connected with the alleged offences of Aston and Chrystall. He said that, in addition to nine cheques on Sellers’ account mentioned as being traceable to either of the accused, there were other substantial amounts drawn on Sellers’ private account. The total involved was £2750. Donald Gordon Johnston, auditor to the New Zealand Racing Conference, said he first became aware of irregularities in the No. 2 account on June 13, 1939. The shortage was £I2BO. Deducting Sellers’ salary, the fund shortage was £1167. •‘Statement Incorrect” Mr Leicester referred to a statement made to the police by Chrystall, in which Chrystall said with regard to withdrawals by Sellers from the No. 2 account: “I. of course, questioned his authority, and he told me he was entitled to draw from this account his salary and against his' salary, subject to the matter being adjusted.” “Assuming Sellers to have made that statement in regard to a cheque for £l5O, to what extent was that statement correct?” asked Mr Leicester. Johnston: To my knowledge it was incorrect. I have no knowledge that he could draw against his salary. To Mr Cunningham, Johnston said the total drawings on the account by Sellers had been £1530, but £362 had been replaced.

Given Time to Clear the Position Charles Winfooton Tringham, a member of the executive of the Racing Conference, said Chyrystall understood the position Sellers was in. The committee postponed further action for 14 days to allow Sellers and others associated with him to clear up the position.

Chrystall said the money would be forthcoming in the following week. Herbert Richard Churton Wild, barrister and solicitor, Wellington, now with the Expeditionary Force at Trentham, said he lodged at Sellers' house, where he met both accused on June 16, the day the Racing Conference committee met. Chrystall came to Sellers’ house for tea. Sellers was in the best of spirits. He said he had been on the mat, but Chrystall had made things right for him. Chrystall went to Australia. Sellers sent cables to him and daily expected a cable from him. No Document Defining Sellers’ Interests On July 2, Sellers left the house on receipt of a telephone call early in the morning. He returned late at night. The next morning Sellers got up quite early in a state of worry, and went to the city about 8.30 a.m.. His body was found on August 2 at Ngahauranga. As a trustee under Sellers’ will. Wild said he received no payment from either accused and had found no document which defined Sellers’ interests. Cross-examined, Wild said Sellers changed towards the end of the period he lodged at Sellers’ house, and apr peared to be ordered about by Aston. He thought Aston was the directing force of the three men. The hearing, was adjourned until today. Power of Aforney. Alma Monica Clarke gave evidence today that, as the result of pressure in connection with a mortgage by Levin and Co., she gave Aston power of attorney over the property known as “The Hut,” Nelson, for two years. She understood that at the end of that period, control of the place would revert to her. ; Aston gave her no money for the power of attorney, but her husband paid him £7O, which was to pay certain accounts. She was not' until the police told her, that Aston had transferred “The Hut” to Electric Elements, Ltd. To Mr Leicester, she said she regarded Electric Elements as Aston’s company. At no time did Chrystall control or seek control of the company’s opera--tions.