CONSPIRACY PROVED

New Zealand Herald, Volume LXIX, Issue 21252, 4 August 1932, Page 12

CONSPIRACY PROVED

i FRAUD ON FARMER SUPPOSED -SALE OF LAND TWO MEN FOUND GUILTY The hearing was concluded in the Supreme Court yesterday, before Mr. Justice Smith, of the case in which Clifford Spencer Dahlin, aged 37, and Reginald Clarence. Williams, aged 45, were charged with conspiring with others to defraud Georgo Montaguo Poyner, farmer and bushman, of Waiotira, of £I2OO on August 21, 1931. They were further charged with the theft of £I2OO. The alleged offences were said to have taken place in connection with a supposed sale of land at Fonsonby for the erection of glassworks. Counsel for Williams said there was no

evidence to justify tho charge of theft against his client. His Honor said ho would advise tho jury that no theft, bad been proved. In reply to counsel's contention that there was no evidence to connect Williams with conspiracy, His Honor said if, at the conclusion, it seemed fitting, he would sum up separately on each count. Counsel's Contentions Addressing the jury, counsel for Dahlin said it was clear that Dahlin was not present at Poyner's house. That evidence could only bo evidence as to Thomas and Williams, whoever they might be. Power was not represented in any way as tho seller of the land. It had not been shown

that there were not blocks of land for sale at Ponsonbv. Dahlin's actions at tho bank wero quite open. In an address from the dock Dahlin said he and Williams were in business in Auckland together as bookmakers in March, April and May, 1931. He then met Thomas, whom he understood to bo a superintendent of land salesmen. At the end of May he and Williams were arrested for bookmaking and fined £75 each. He could not pay without pledgipg some trinkets and so he decided to evade tho police. For this purpose ho assumed tho name of Power. A week before tho alleged happenings at Whangarei he met Thomas, who said if accused could get a motor-car he could put somo employment in his way. Accused went to Williams' home and borrowed the car owned by Mrs. Williams. He then met Thomas, who had Hammond and Vallance with him, and they drove to Whangarei. At Whangarei Thomas said he had a client in the back country and, with Hammond, drove away, leaving accused and Vallance behind. Accused was an employee only. Events at Whangarei On the Friday in the Settlers' Hotel at Whangarei he was introduced to a man named Howell who, after writing something, told him to go to the post office and post somo letters. Later Thomas instructed him to go to Dargaville, giving him a cheque to cash. He returned and gave Thomas the cash and remittance slip. Later they "drove back to Auckland where, at Thomas' instructions, lie drew £2OO for Thomas and made out two other cheques, one for £560. payable to Howell, and another for £39, payable to one Townsend. He himself received £2O from Thomas for his services and the use of the car, and since then had seen nothing of tho other four men. Counsel for Williams submitted that there was no evidence against Williams on any of the counts in the indictment. In a conspiracy charge there must be some proof of agreement. The jury must remember also that the Crown solicitor had stated that Poyner could not identify Williams or Dahlin in the identification parade at Whangarei. His Honor said it was quite plain that Poyner intended to part with his chequo so that theft did not exist. It rarely happened that conspiracy could bo established by direct evidence, but evidence of individual acts were there to enable them to conclude whether there had been a conspiracy or not. On the charge of conspiring to defraud both accused were found guilty, the charge of theft being disregarded. They were remanded for sentence. until the end of the criminal sessions.