CONSPIRACY TRIAL

New Zealand Herald, Volume LXX, Issue 21579, 25 August 1933, Page 14

CONSPIRACY TRIAL

TWO MEN ACQUITTED ENTRIES IN PASS-BOOK JURY'S PROMPT DECISION CASE FROM TE AROHA [from our own correspondent] HAMILTON. Thursday The case against Albert Edward Wight and Andrew John Arkle, of Te Aroha, jointly charged with conspiring to defraud the To Aroha Co-operative Terminating Building Society of sums of money amounting to £46, was concluded in the Supreme Court to-day before Mr. Justice Smith. Wight was also charged with making a declaration that would have amounted to perjury if made under oath. The accused were found not guilty. Mr. T. A. Carroll appeared for the two accused, and Mr. H. T. Gillies conducted the case for the Crown. Giving evidence yesterday, Edward Albert Bruce, secretary of the society, said that the accused Wight was a member. In December, 1931, witness went to collect dues from Wight amounting to £2O for subscriptions, and£33 16s 8d as a repayment .of a loan. Accused then maintained that he had not been credited with money he paid in, and disputed the amount owing. Wight said at tho time that he could not find his pass-book, and he* was issued with a new one. Later the original pass-book was produced by Wight, and the book showed two entries for which there were no, corresponding entries in the cash book of the society. Evidence of Detective » Detective-Sergeant Thompson gave evidence to-day regarding Wight's paasbook, which was alleged to have been lost. He interviewed Wight, who said he did not know the date the lost book was returned to him or who had sent it. "When questioned how he had paid the sums indicated in the pass-book, Wight replied that he could not remember. Neither could he remember to whom he had paid the money. Arkle was also interviewed, and he asked witness not to proceed with the prosecution, continued the defective sergeant, but he was told that this wa* impossible. This closed the case for the prosecution. As his first witness, Mr. Carroll called Neil Middleton Pryde, accountant of the Bank of New Zealand at Te Aroha, who said that on April 1, 1931, Wight drew £SO from the bank by cheque, drawn to himself. Witness also detailed other withdrawals made by Wight. Maureen Odium, dental nurse, said she had formerly worked for Mr. Cotton, who was then secretary of the Building Society. She had frequently seen Mr. Jackson, a previous witness, accepting money on behalf of the society. Arkle in Witness Box i; Asked by His Honor whether she remembered Wight paying in any money, witness replied that she did not. The accused Arkle, in evidence, denied ever having had Wight's passbook in his possession. William Forrest, electrician, of To Aroha, said that the witness Jackson had asked him to go to Wight and ask for £lO, of which witness and Jackson were to get £5 each. Jackson said that if Wight did not hand over the money he would deny that the initials in the pass-book were Mr. Cotton's. Witness refused to have anything to do with the proposition. The accused Albert Edward Wight gave evidence that he always left hia pass-book in the office of the Buildinj Society. When the declaration regarding certain payments was prepared ho questioned some of the statements. When these were explained he signed the document, believing that the contents were true. Balances at Three Banks Continuing, accused said he was interviewed on July 5 by Detective-Ser-geant Thompson, who told him thai; it; was not believed ho was guilty, but that he was being blackmailed. Accused said he informed the detective he did anything about the conspiracy, and that he had not been blackmailed. Tho detective read Jackson's statement, and accused said it was untrue. Arkle was present later and he also denied the truth of Jackson's statement.

Accused said lie was not short of money at tho time of the alleged conspiracy, and had balances at three banks.

To Mr. Gillies, accused denied that the £SO he drew from the Te Aroha bank was used to pay a Matamata account. It was paid into the Building Society.

Reginald Sprague, chairman of the Te Aroha Building Society, said tho society had offered up to £4O toward the cost of bringing Cotton back. Alexander Dawson, butcher, Ta Aroha, said he remembered "Wight receiving a pass-book through the post in.July, 1932. Wight was quite excited about it, and remarked that ha had been looking for the book for * long time. The Judge's Summing Up His Honor, in summing up, said th» law regarding conspiracy required that the prosecution must prove evidence of conspiracy between accused persons before tho statements inado by onein the absence of the other could he accepted against that other. The jury could look in vain for any evidence of conspiracy on the date mentioned in the charge, May 1, 1932. There was evidence of a statement made by Arkle to Jackson, in the absence of Wight* and of a statement made by Wight to* Jackson in the absence of Arkle, but there was no technical evidence of conspiracy between the accused. Dealing with the facts, His Honor questioned whether in a criminal caseJackson's evidence could be relied on,, although he did not question Jackson's honesty. His Honor added that tha society had had two admittedly fraud* ulont secretaries in Bush and Cotton* and seemed to have been loosely run. Wight had left his book with tho society. Hq, however, volunteered tho evidence that the book was missing, and later the book came to hand, through the post from Auckland. ferring to the count against W# 6 alone of making a false declaration, His Honor indicated that tho evidence was uncertain. After a retirement of ten minutes the jury brought in a verdict of no guilty on all. counts, and the two accused were discharged.