CONCERT FALLS THROUGH.

New Zealand Herald, Volume LXIII, Issue 19391, 28 July 1926, Page 14

CONCERT FALLS THROUGH.

TICKET MONEY RETAINED. FAILURE OF PROSECUTION. A proposed coiacert on behalf of the unemployed that failed to eventuate resulted in the appearance in the Police Court yesterday of J. R. M.cKinley on a charge of obtaining one shilling from Donald Henderson by means of a valueless concert ticket. After hearing the evidence the magistrate, Mr. Poynton, dismissed the case on the ground that false pretences had not been shown.

Donald Henderson, labourer, said accused organised a concert to be held in the Town Hall on June 22, the proceeds to be given to the local unemployment association to distribute. Accused approached witness and several others, and an agreement was drawn up that the association should receive 50 per cent, of the proceeds, but should not be liable for any expenses. Tickets were sold at from is to 3s, and accused had about 15 of the unemployed acting as ticket-sellers. , When the people were waiting for the concert to commence accused arrived in a state of intoxication and informed them the concert could not be held,- as the necessary deposit for hire of the hall had not been paid. Accused told those who had bought tickets that their money would be refunded next day, but did not say where. Witness purchased a ticket from a man named White, but did not get his money back. Christian N. Scott, manager of a boarding house where 14 of the unemployed stayed, said that prior to June 22 accused resided at the house. Witness guaranteed the expenditure involved in printing posters for the concert. He understood accused was to pay for the hiring of the hall. Witness bought several tickets and did not get his money back. Together with others he requested accused after June 22 to make arrangements for the taking of accounts, but accused refused. Later he disappeared from town.

The magistrate said the charge must fail. The facts showed that accused intended to give the concert and false pretences did not exist. False pretences must; be shown by the person charged and not by an agent. The case would therefore be dismissed.