DENIAL OF FRAUD

New Zealand Herald, Volume LXX, Issue 21553, 26 July 1933, Page 12

DENIAL OF FRAUD

TRANSACTIONS IN GOODS EXPLANATION BY ACCUSED CASE NOT CONCLUDED [BY TELKCIIAPH—OWN COBBKSPONPKNT] WELLINGTON, Tuesday The hearing was continued in the Supreme Court to-day of the caso in which David Rosenthal, a Polish Jew, aged 22, is standing trial on two charges of obtaining goods valued at £l5B 19s Id from Reginald G. Kain, warehouseman, Wellington, by false pretences, and one charge of stealing £3O 6s 7d, tho property of Alfred George Barton. The case is being heard before Mr. Justice Reed and a jury. The Crown alleged that Bozcnthal received goods from Alfred George Barton, draper, of valued at £42 17s 4d, to sell on a 10 per cent commission basis, that ho paid over only £2 10s on one occasion, and that was tho last Barton saw of him. It was also alleged that Rosenthal went to Reginald Kain's warehouse, Wellington, and on the representation that the goods ho was ordering were for a Mr. Kerslake, auctioneer, at Masterton, he obtained supplies of sheets, towels, pillow cases and other goods, valued at £IOB 0s lid. No authority, it was alleged, was given to Rozentlial by Kerslako to order these goods on his behalf. Later, it waa alleged, lie obtained goods to the value of £SO 18s 2d from Kain's Auckland office by false pretences. John Albert Edward Kerslake, auctioneer, Masterton, said that Rozenthal went away from Masterton owing him £3O. After having a sale at Dannevirko accused was to return and settle up, but he did not come back and the money was still owing. Witness gave Rozenthal no authority to order goods in his name. Tho Crown case was concluded. For tlio defence, Mr. J. Meltzer said that accused would go into the witnessbox. Rozenthal was a Polish subject who had been in New Zealand for tho past four and a-half years. Ho could not speak English when he arrived, but had picked up the language gradually. Ho had been carrying' on a soft goods business since his arrival. Counsel said that accused would describe the way he conducted his business, and would say that so far he had not been very successful, for some time ago lie had to assign privately his estate for tho benefit of his creditors. Ho would say that he believed there was a relationship existing between himself and Kerslake, and that he considered himself quite within his rights that tho goods should have been ordered in the manner they were ordered. In otljer words, he believed he was doing nothing wrong. He would admit that goods were ordered on behalf of Kerslake. So far as Barton's transaction was concerned, counsel added, Rozenthal would say that an arrangement was made to sell goods on a 33 1-3 per cent commission basis. He admitted that goods were sold, but would say he intended to settle up when he returned to Wellington. Accused gave evidence on the lines indicated by his counsel. He denied representing to Reginald Kain's Auckland office that ho was Kerslako. The hearing was adjourned until tomorrow.