OWNERSHIP OF CAR

New Zealand Herald, Volume LXIX, Issue 21358, 6 December 1932, Page 11

OWNERSHIP OF CAR

TWO MEN IN COURT SALESMAN SENT FOR TRIAL ANOTHER CHARGE FAILS Two prosecutions in connection with tho ownership of a motor-car were heard in tho Police Court yesterday, before Mr. W. R. McKean, S.M. A charge of having received £B7 on terms requiring him to account for it, and fraudulently omitting to account for £77, thereby committing theft, was preferred against Thomas Roy Scully, motor salesman (Mr. Hart). A witness, whose name was ordered to be suppressed, said he had owned a motor-car and asked accused to sell it. In June accused said he was about to conclude a sale at Whangarei, and paid witness £lO. Witness had received no other payments. Thomas Kendall, farmer, said he bought the car at Whangarei. He paid £B7 10s in cash and handed over his old car. The newer car was later claimed by Seabrook, Fowlds, Limited. lie had not received his money back. Detective Packman said he interviewed accused in August. He then admitted selling the car to Kendall, and said he had received £B7 and another car. Accused said the £B7 had been used in expenses and his commission. Accused, who pleaded not guilty, was committed to the Supreme Court for trial. Bail was allowed in the sum of £IOO. The first witness in the previous prosecution was then charged with stealing a motor-car, valued at £lB5, the property of Seabrook, Fowlds, Limited. William F. Fowlds, a director of Seabrook, Fowlds, Limited, said accused called at his place of business on November 9 last year, when he bought a car on the hire-purchase system for £lB5. A deposit was given and the balance owing was to be paid monthly. On June 6 this year accused was owing £25 6s 6d on the car. In the same month witness found the car had been disposed of to a resident of Whangarei. Cross-examined, witness said accused had advised them early this year that he was having difficulty in meeting the payments. He also spoke of selling the car, and asked for advice. Had he found a suitable buyer, the firm would have agreed to the car changing hands. Had the man who later had possession of the car paid the firm the balance owing, the deal would have been closed. The firm was quite satisfied with accused's conduct.

"Under the circumstances it would be absurd to commit accused for trial." the magistrate said. Accused was discharged, and an order was made for the suppression of his name.