CRIMINAL SESSIONS.

New Zealand Herald, Volume LIX, Issue 18170, 16 August 1922, Page 6

CRIMINAL SESSIONS.

OBTAINING MONEY BY FRAUD.

ELECTRICAL FIRMS TRICKED

ACCUSED FOUND GUILTY.

Thirteen charges of obtaining money by fraud were preferred against James Francis Nclligan (Mr. Moody), in the Supremo Court yesterday, before Mr. Justice Stringer and a jury.

Mr. Meredith, for the Crown, stated that between April 20 and May 5 the accused obtained credit from various Auckland firms to the amount of £120. Accused told the National Electric Company, Turnbull and Jones, and others having an exclusive agency of a particular make of lamp, that ho had just come from Australia, and wanted to engage in the lamp business. He undertook to devote himself exclusively to the sale of their particular lamp. This induced the firms to make him a liberal allowance. Accused was given the ordinary credit terms, under which lamps bought in April would not have to bo paid for until May 20. Accused left for Sydney on May 5, under an assumed name, leaving amounts of £20, £30, and £40 owing to various firms. As showing the cleverness of the fraud, it was suggested that accused left only these amounts owing, in the belief: that they would not bo sufficient to wjirrant the expense of having him extradited from Australia. However, it was considered advisable, in the interest of commercial enterprise, to bring him back. Mr. Meredith said that another important fact was that accused could not have had any intention of carrying on the business legitimately, as he sold the lamps at the price at which he obtained them. Vincent O'Connor, accountant for th» National Electric Company, described the arrangements made by his firm with accused, who received a specially reduced wholesale price. On April 21 accused made a cash payment of £10, and on April 26 a further payment of £10 for lamps received. In reply to Mr. Moody, witness said the proceedings would have been withdrawn had accused paid the amount he owed the firm. Similar evidence was given by Geo. L. Thorburn, manager of the Electric Construction Company, John Morley Crosher, of the firm of Crosher and Sons, Ltd., and Benjamin Claude Stevens, who also had dealings with accused. Mr. Moody did not call evidence for the defence. Addressing the jury, counsel said the Crown had failed to prove its case. The prosecution, he submitted, had the appearance that the criminal law had been invoked to attempt to enforce a civil right. It would be unsafe to convict accused on the allegations made by the Crown. He had led a good life and there were no convictions against him. His Honor: You have no right to make a statement that is not supported by evidence. . Mr. Moodv said he had omitted to prove this when Detective Ward gave formal evidence as to the extradition of accused from Australia. His Honor: You should know better than to put such a thing to the jury, unless it is supported by the facts. The jurv returned a verdict of guilty, prisoner being remanded until this morning for sentence.

THEFT OF PARTS OP MOTOE-OAE.

RECOMMENDATION TO LENIENCY.

Six charges of the theft- of the parts of a motor-car, the property of Gilbert Thornton, were brought against Alex. James Churton (Mr. Inder), who pleaded not guilty. ' Mr. Meredith stated that in April accused made an arrangement with Mrs. Thornton to take over a motor-car on the hire-purchase system, the condition being that he pay hire at the rate of £3 a week until tho amount of £237 had been paid. A little time afterward, Mr. Thornton was notified that certain parts of his motor-car were missing. Investigations showed that these parts had been sold to different people in the city. . As a matter of fact, accused had not paid anything on the car, and therefore he had no right to dispose of it or any of the parts, as it remained the property of Mr. Thornton. Several witnesses gave evidence supporting the statement made by Mr. Meredith. Mr. Inder, addressing the jury, said it was entitled to assume or to take into consideration the attitude of the accused, he having received some title to these goods. It should also be considered whether accused rightly or wrongly believed he had a right to temporarily dispose of portions of the motor-car, with the intention of subsequently replacing them. The jury was entitled to assume that accused believed he had an ownership in the car. The jury, after a short retirement, brought in'a verdict of guilty, with a recommendation to leniency on account of accused's youth. Sentence was deferred until Saturday.