ALLEGED CONSPIRACY.

New Zealand Herald, Volume LXI, Issue 18703, 8 May 1924, Page 6

ALLEGED CONSPIRACY.

i 1 ... PURCHASES AT AUCTION. f■ : sx : *: -:'N '& ■'(■ ■ MATTER OF VALUE OF GOODS . RETRIAL OF TWO, MEN. l , The retrial of -Clarence Russell (Mr. ■V Singer) and ~ A Henry ' James Abraham \ (Mr. Moody) ; was taken at the Supreme Court yesterday, • before ' Mr. Justice Stringer. Accused were charged ■ with having conspired to defraud Jefferson . Davis Edwards :of £195 and Alexander Percy Young of £245. Two charges of having obtained money by false pretences were also 1 preferred against accused. At the last session the jury failed to . agree ' , when accused appeared upon these charges. .. . , Mr. V. R. Meredith, for the Crown, said that accused had 1 conducted sales at the Central Auction Mart, Queen Street. It was alleged they had imposed" upon Young and , Edwards by representing that they were holding a special auctioneering Bale for advertising purposes, and that any bids made , would bfe refunded. Accused stocked a class of goods calculated to appeal to the goods as handsome in appearance as they wer<i poor in quality. It was alleged that Abraham moved among the crowd and announced that to "boost" business an advertising sale was to be held. Russell urged spectators to bid, and assured them tneir money would be refunded. Young and Edwards had goods knocked clown to them to the value of £245 and £195 respectively. When they later asked for the cheques paid to be refunded, they were told absolute sales had been effected. The • goods for which Edwards and Young paid were altogether worth about £60. r " I Don't Remember." _ Jefferson Davis Edwards, a farmer, stated that on December 4, at the mart. Abraham asked him io assist in an advertising sale. Witness did so on the under* standing that he would have his money refunded. The cheques had not been re- . funded, and payment had been stopped. The day prior to the Police Court proceedings a man named Brown called upon witness and asked him to say nothing that would incriminate Russell. In return the man offered to pay witness' board and to give him a present. ' ; To Mr. Singer: I agreed to keep silent on condition that he gave me my cheques ■ back. . ;' ; . " # Cross-examined by . Mr. Singer, witness■persistently answered that his . memory was defective and he could not recollect • . facts which he had, stated in the Lower .. Court. ■ . .. Mr. Singer: Do you remember having stated on oath that you had declared to the auctioneer that you were satisfied ?—I don't know;. I was confused that morning. Witness then replied to- a number of questions, "I don't remember." Said Ho Was Hypnotised. His Honor, (to witness): Do keep whatever little brains you may have together and answer intelligently. Witness said he remembered having . agreed to accept a set of crockery included m. the things knocked down to him. When repayment .was refused .he signed a document authorising Russell to : sell the goods again on his behalf. , i Mr. Moody (to witness): You were not j quite normal on the day of the sale — I don't know. ' " ' , You said in the Lower Court that you hid been hypnotised ?—That is correct. I was hypnotised. I felt queer. Mr. "Moody: What will you say if other witnesses declare that you and Young were bidding against each other like a pair of old women ?—Oh! you should not ■- say thing* like that. .-■■■■■ Alexander Percy Young said his first ' > purchase,, a pocket wallet, was handed to him later, with the 10s he paid for it. As other articles were knocked down •• to him :he . handed up cheques in payment. The money was not paid back to him, and An attendantasked him for his address in. order that the articles might be forwarded to him. Witness protested that he did not want them, and he went to the •r: bank to stop payment of his cheques. He 'was informed that £185 worth had already been cashed, and that one 1 for £50 had " ; Been. rejected on account of irregularity v in the signature. /' [ Mr. Singer: You consider yourseH a / fairly clever man?— Not as smart as your- " self, Mr. Singer. • ' . . Counsel: I agree with •• you. - „ ' . V Dor vou remember having told - Russell ; : at- the : close of > the ..sale that you > were 4satisfied I may. have remarked 'I was .:p satisfied with my ;first purchase. • * ' Other Evidence of Auctions. ; John F. Hill stated, that he saw Russell z ".endeavouring to persuade people to en- • trust him with half-crowns in return for small cardboard boxes. v;-He\did not dis- _ - close what the boxes contained, but'exhorted the people to "take a chance." > After Russell had! assured v his hearer* a that if they invested in the boxes "he ---. would reward - them beyond i their expectations," a number of .half-crowns were ■ handed 'to him. „ • -' To Mr. Meredith: He heard Edwards and ' Young bidding frequently, and con- '.. sidered there was some rivalry. -. ; x - A Mr. Moody to witness: Do you dis- - agree with 'the' two; previous .witnesses 'that there was no : competition in the . bidding and that they were prompted to make bids by Abraham?— would have -.noticed it if. that had been the case; • > . Thomas Martin, jeweller, said the goods for which Edwards paid £195 were worth ' V £30, • and -Young's purchases were "worth - about £35. ' ■'/. - '* •* V Lacey Whinray deposed that he had witnessed a so-called advertising sale conducted at the Central Mart by Russell and . another assistant. He . purchased a ■watch and handed lip a banknote. Although he made frequent demands for'his change, witness received none. James Emanuel % Christini said he purchased & watch for £2 and tendered £5 in payment. Abraham was. not working rwith Russell at that time. When witness -wanted £3 change he was presented with a cake of shaving soap and other . small goods.'.. Witness again demanded ' his money, aad was told a tea, set had been knocked down, to him.•; The Court adjourned until this morning, -•r ■when the case for the defence will be . opened. • r •