CHARGES OF FRAUD

New Zealand Herald, Volume LXIX, Issue 21253, 5 August 1932, Page 14

CHARGES OF FRAUD

DEALINGS IN PRODUCE DISAGREEMENT OF JURY NEW TRIAL ORDERED Five charges of obtaining credit by friiud were preferred against George Cooper Jackson, an elderly man, in the. Supreme Court yesterday before Mr. Justice Smith and a jury. It was alleged that accused obtained credit for goods ■valued at £ls from Phillip Anthony Miller, of Pukekohe, by falsely representing that he had £4OO in the Auckland Savings Bank, that he was able to pay and intended to pay for the goods; that he obtained credit for goods valued at '£l6B from Henry Waterhouse, of To Kau.whata, by falsely representing that he had £3OO in the bank,- and that by false representations he obtained credit from the following Marinovich, Oratia, '£l4o; Murray Pender, Henderson, £136; Herbert Eden Cole, Kaukapakapa,- £72. Counsel for the Crown said it was contended that accused did not have £4OO in the Auckland Savings Bank, that he was not able to pay any of the debts and did ,not intend-to pay them. ; 1 Visit to Pukekohe Phillip Anthony Miller, farmer, of Pukekohe.Hill, gaid accused called on him saying he represented 53 or 63 chain stores in Auckland, for which ho wished to buy produce.- He produced a r6ll of notes and witness took £5 deposit on the first load. Accused said he was as safe ns the Bank of' England and was worth up to £4OO. He said it would suit him better to pay. at the end of the month. On February 15 he took away 74 bags of potatoes and said he would call with more money the next day. He called next day, but brought: no money. The day after, accused took away another 74 bags and ordered a load for the 'following day. "Witness became suspicious and next time accused called refused- to let him take any more. Witness presented a bill for £ls; Witness had given him credit principally as a result of seeing accused handle a large roll of notes. Accused still owed him £ls. Henry Waterhouse, orchardist, Te Kauwhata, said accused called on him saying he wished to buy fruit for sale in "the Thames, Waihi and Hauraki Plains districts. He said he had £3OO in the bank. He "paid £lO deposit and from February 12 to March 7 was supplied by witness .with about 1000 cases of apples, pears arid grapes. Accused still owed him £l6s. .Witness said he knew accused had since been made bankrupt. 1':. Other Dealers' Evidence Js! I -V ij> •'* 1, - t Vv, Murray Pender, fruitgrower, Henderson,' said lie had 'received for fruit from accused totalling £32. He had not received the balance of £156 owing. L9vre Marinovich, fruitgrower, Oratia, Baijl accus.ed stated he had ! three motor-, lorries and a house in Randolph Street. 'Accused now owed him about £135. To counsel for accused, witness said Jackson did- not tell him that he had money in the ; bank. He said witness could trust him for £SOO, as sure as the Bank of England. Herbert Eden Cole, orchardist, Kaukapakapa, said when accused called at his place to buy apples he said he had three trucks and a considerable sum of money'in the bank. Asked what he meant by a considerable sum, accused said between £4OO and £SOO. On these representations witness supplied him with 480 cases of fruit. A deposit of £lO was paid and £72 was still owing. To. counsel, witness said all he told the magistrate in the Lower Court was that accused had said he had a vonsiderable sum of money in the bank. Question ol Bank Account Thomas O'Connell, clerk at the Post Office Savings Bank, Auckland, said he had been unable to trace any account in the name : of George Cooper Jackson. There, were several in the name of George Jackson. He could not state the amounts of the latter, as that was a confidential matter. Alfred John Parr, clerk at the Auckland Savings Bank, said he had traced a spiall account at the Newton branch of the bank in the name of George Cooper Jackson. This account was closed in 1923. Detective Snedden said accused admitted fo;him that he had purchased four tons'' of" potatoes from Miller. Accused also made a statement, which" he said he did not wish to sign. Witness saw him again and said he had received further complaints. Accused said he was then £2OOO in debt and had had two motortracks taken from him. Counsel for the defence said the Crown had not succeeded in proving that accused had not been able to pay for his purchases. It had not proved that there was, no account on which accused could operate. Not having done either, then the charges could , not stand. His Honor said that obtaining credit by fraud was not quite the same as obtaining goods by false pretences. The whole point in the present case was •whether or not accused got his credit by fraud. After a retirement of four hours the jury: returned and sought His Honor's direction on a point of law. After a further retirement of 40 minutes they announced a disagreement. On the application of the Crown a new trial was ordered to take place next week. Accused was allowed his former bail of £250.