BIDDING AT AN AUCTION.

New Zealand Herald, Volume XLVIII, Issue 14767, 24 August 1911, Page 5

BIDDING AT AN AUCTION.

AN ALLEGED BRIBE.

ACCUSED FOUND NOT GUILTY.

[BY TELEGRAPH.PRESS ASSOCIATION.] Wellington, Wednesday. The Supreme Court criminal sittings were continued to-day before Mr. Justice Sim. Patrick James Murphy was charged that on February 28 ho proposed to accept the sum of £200 from Edward Wilberfoss Spooner on condition that ho abstained from bidding at a public auction of Crown lands. Mr. H. H. Ostler prosecuted on behalf of > the . Crown, and Mr. T. M. Wilford appeared for the accused. The case presented some peculiar, features. The prisoner was indicted under section 69 of the Land Act, which makes it an indictable offence for any person to directly or indirectly offer or propose to accept or receive money as an induce-, ment to abstain from bidding at a sale of Crown lands which have been advertised for sale ;by public auction. Mr. Ostler produced two newspapers to prove the sale was advertised.

* Mr. Wilford pointed out that under section 69 there was no offence unless the land was advertised for sale in accordance with section 67 of tho Act, which provided that notice of sale should be published in the Gazette and in a newspaper circulating in the district where the land was situated not less than one month before the sale. This sale was advertised in the local newspaper, to take place on February 29, 1911, whereas no such date existed. As the advertisements appeared on February 13 and 15 they were not printed one month before the date of the sale.

Mr. Ostler maintained that the sale was advertised, but admitted not for the statutory month.

His Honor said he could not see how Mr. Wilford's objection could be successfully answered.

The facts of the case showed that Spooner had a pastoral lease of 1400 acres near Taihape, which lease expires on February 29, 1912, and it was up for sale on February 28, 1911. Murphy and Spooner appeared to bo the only two persons interested in the sale, and in conversation the offence was alleged to have occurred. Spooner told the Commissioner, who said that if he could get corroborative evidence he would . take proceedings. Spooner tried to induce Murphy to repeat his offer, but though something was said in the presence of witnesses about an alleged offer, it was not specifically repeated. -

. The jury returned a verdict of not guilty.