PRISON FOR FRAUD.

New Zealand Herald, Volume LXVI, Issue 20332, 13 August 1929, Page 12

PRISON FOR FRAUD.

EASY MONEY-MAKING SCHEME

NOT LAWFUL AND HONEST.

"PARTICULARLY MEAN OFFENCE."

[BY TELEGRAPH. —OWN COnrtESPONIUCNT. ]

WELLINGTON. Monday. "This is a particularly mean offence," said Mr. J. S Barlori, S.M., in the Magistrate's Court to-day when convicting Thomas Francis foyno of obtaining money by means of false pretences. The charge arose out of accused inserting an advertisement in n newspaper in which he stated that by sending a stamped addressed envelope and a postal note for Is inquirers would be told how to make .01 to £5 a week easily at home A number of men and women replied to this advertisement and in return received a small card on which was written. "Do as I do—advertise."

Detective Murray, in evidence, said he interviewed accused in regard to the coin plaints which had been received about the advertisement. In reply to witness accused said he had spent £1 on renting a post office box 15s in advertising and 9s on envelopes OJid small cards in putting tho scheme iji action. lie had received from 130 to 140 replies, including some from Auckland. All the people who replied enclosed a postal noto and a siajnped addressed envelope and accused • said he had replied to every one of them. Witness continued that when ho asked what ho meant by the reply accused said ho intended that the people should do as he had done and they would make £4 to £5 a week. \\ itness suggested that this would not be possible if they all followed tho advice. Accused said he had most carefully thought out tho scheme beforehand in order to keep within the law. Since being interviewed, continued witness, accused had received a number of other replies and he had sent back his usual answer.

For accused Mr. Leicester said he did not deny that the schomo when investigated was of the shabby type, but he had his duty toward his client and ho was going to endeavour to show that the scheme was within tho law. Counsel then quoted a number of authorities to support his submissions that tho schenio did not constitute a false pretence and had been carried out with no fraudulent intent.

"I have no doubt about that matter," said the magistrate. "I am of tho opinion that tho charge is proved and I am going to convict tho accused."

Tho magistrato a>dded that the wholo point of tho matter was whether it was a reasonable and {lroper inference from the advertisement that the scheme was a lawful and honest one. He thought tho answer was yes. It was suggested that thero was no false pretence, but if that was so a man could have any scheme whatever. He could advise, people to sing like Caruso or give any similar advice and if counsel's contention were correct the law could not touch him. Tho schomo, said the magistrate, must bo something reasonable, possible and honest and tho person reading the advertisement must bo able to imply that. The offence was that accused did not havo an honest scheme at his disposal. The magistrate sentenced Coyno to 14 days' imprisonment with hard labour.