CONSPIRACY CHARGE.

New Zealand Herald, Volume LIII, Issue 16337, 18 September 1916, Page 7

CONSPIRACY CHARGE.

DALMATIAN'S ALLEGATIONS. FURTHER EVIDENCE GIVEN. JUDGE AND COUNSEL. In the Supreme Court on Saturday, before His Honor Mr. Justice Hosking, the hearing was resumed of the trial of George Sumich, gumbroker, and Herbert Young, railway signalman, who are charged with conspiring to defraud Mate Janovich, a Dalmatian gumdigger, of £500 at Auckland on May 8 last. Sumich was further charged with false pretences, with intent to defraud Janovich, and with stealing £20 from the latter. The Hon. J. A. Tole, K.C., appeared for the Crown, and .Mr. J. K. Lundon defended. The case for the prosecution was to the effect that the accused threatened to sue Janovich for £500 for slander, and that the man was eventually frightened into parting with £20 to Sumich. " Tony the Kaiser." Antoni Radojkovich, gum merchant, and an interned prisoner of war, said ho was known as "Tony the Kaiser." He spoke to giving evidence in a maintenance case against Sumich, to whom he was " fourth cousin." Mr. Lundon was asking questions regarding the men having drinks when His Honor intervened, remarking: "Whathas this to do with the case?" Mr. Lundon : I wish to show that it was absurd to suggest that they thought Young was a private detective. There was also a partnership existing between the foreigners, and that had been broken up since they had a quarrel. His Honor: I want to know where we are. It all seems so remote to ime. We want something to throw light on the case. "The Echo of a Row." Mr. Lundon: I desire to show that Sumich and the witness were partners, and that the present trouble is an echo of the row that started, causing bitterness between them. His Honor: You say, then, that this row is the cause of a concocted story and the £20 business. Mr. Lundon: That there were rows which broke up the partnership, and that witness had given false evidenco against Sumich in the Police Court. His Honor: It is all irrelevant. You suggest that because he gave evidence against Sumich this story has been got up. You have the £20. Mr. Lundon. We have. His Honor: And you have to account for it. Mr. Lundon: I wish to show that it is also an attempt to "get one back" on Young because he was said to be the cause of the witness being interned. "Spinning a Huge Web." His Honor: You are spinning a huge web outside the case altogether, and leading us astray to paths that end nowhere. Mr. Lundon : I have to show motive. His Honor: This Court has no time to inquire into the private domestic affairs of all the Dalmatians in the place. That is what we are entering upon. Mr. Lundon: Accusations have been made that are not true.

His Honor: I understand you have an ample defence that the money was a loan returned. If you prove that there is an end to it. There would be' no difficulty if the defence is honest.

Mr. Lundon: I don't think Your HonoT would say that I put up dishonest defences. His Honor: The reflection will bear upon those who are responsible for the defence. Witness proceeding, denied there had been bad blood between him and Sumich, but there had been some talk of proceedI ings, j Suggestions Contradicted. i His Honor: I never heard a case with so many suggestions contradicted by witnesses. There must be some grave errors about the instructions. Mr. Lundon : There are no errors. His Honor : It seems singular that in almost every instance the whole thing is contradicted. Mr. Lundon : In a concocted case one expects contradictions. His Honor: It is not a concoction at all. Mr. Lundon : If the whole Dalmatian colony were here they would be able to show something. Stated Money Was Loan. Joseph Downey, a tally clerk, said in May last he was in Auckland, when lie saw Janovich and Sumich. He remarked to the latter, " You pot £20 from Janovich," which he admitted. He asked him what the money was for, and Sumich replied that he lent it to him before tho war. Janovich denied that in the presence of witness. Sumich then said he would £o and get the money and return it to him. Young was there at the time, and walked away with Sumich. Witness and Janovich waited over two hours, but the two men did not return with the money. Janovich put the matter in the hands of the police. Cross-examined by Mr. Lundon, witness denied the suggestion about "being in Mount Eden." He resented tho manner in which counsel put the questions, and His Honor was led to remark: "This case must be conducted on proper lines." Witness, after protesting again, eaid it was true that he had been taken to Australia in custody on a charge of wife desertion, but, he added : " I was tried by the Chief Justice and a jury of 12 and acquitted. Now you have it." Advised Settlement. George Leonard Scansie, mercantile manager, said Janovich and another Dalmatian named Eadicli, called at his house and informed him that Sumich had obtained £20 from Janovich under threats of an action for slander. He advised them to settle the matter if possible without going to Court. Constable Gourley gave evidenco of arrest. The further hearing of the case was adjourned until this morning.