CONSPIRACY CHARGE

New Zealand Herald, Volume LXXI, Issue 21763, 31 March 1934, Page 14

CONSPIRACY CHARGE

VISITOR'S LOSS OF £7O MEETING WITH TWO MEN ACCUSED SENT FOR TRIAL Arrested by Detectives Bolton and Hamilton, following a complaint by an elderly visitor to Auckland, two men, Alexander Mcßae, showman, aged 37, and Royal Desmond Capner, alias Wilson, salesman, aged 35, appeared before Mr. W. R. McKean, S.M., in the Police Court on Thursday, 011 a charge of conspiring to defraud Thomas Whyte of £7O os 011 or about March 22. SeniorDetective Hall conducted tho prosecution and accused were represented by Mr. Hall Skelton. Because complainant, who recently came to Auckland from Otago, is to leave for Scotland 011 April 3, and will consequently not be able to appeal in the Supreme Court, 110 was crossexamined at length by counsel. Complainant, in evidence, said he was in the lounge of the Young Men's Christian Association, where he was staying, when he first met accused on March 22. Mcßae opened the conversation by asking, "You are a Scotsman, aren't ye?" and, in a subsequent discussion, witness was given to understand that Capner, whom he knew as Wilson, was an employee of the National Bank of New Zealand, and that Mcßae was an employee of the tTnion Company. Accused and witness talked of the high exchange rate, in view of witness' approaching journey to his home in Scotland, and an offer was made to change witness' money, which was in £lO and £5 notes, into gold. Mcßae, after examining witness' steamer ticket, said, "That berth is too low; I'll got you one nearer the top." Conversation Outside Bank

Continuing, complainant said ho hail a meal with accused in a restaurant in Queen Street the day he met them. The following day, a Friday, ho met Mcßao by appointment in Q,ueen Street, and they went into Shortland street. Mcßae left, saying he had to go back to the office, and witness had a conversation with Capner, who was standing at the door of the bank. Capner went into the building several times,'and eventually he came out and said, "I've got the gold in the vault, but the manager is very strict, and he has shut the vault." He said he would not be able to get the pjold until the following Monday, and he asked if witness could give him the uo_tes. Witness handed over £7O. "I anticipated that I would bo given gold in 62 sovereigns on the Monday," continued witness. " 'Wilson' went into the bank and he came out again and said, 'There's another ss.' I gave him a £1 note. He went into tbe bank and came out again and handed me 15s change. He said, 'l'll see you hero on Monday at 2.30.' " Witness added that, as soon as Capner loft, witness went into the bank to see if there was a man named W r ilson there. In consequence of what he was told by a bank official he complained to t)y> police. Witness saw Mcßae at the police station the next day, and he said to accused, "You are the man working for the Union Company." To this Mcßae replied. "I'll speak when my solicitor comes." Witness added that he had about £75 when he. arrived in Auckland, and he had to cable home for some money. Cross-examination of Complainant Counsel: Did .you realise that you would have to defraud the bank to get 62 sovereigns for your £7O in notes? Witness: No. Did you know that you could not take more than £o in gold from New Zealand? —I did not know that. Cross-examined further, witness said he was not aware that he could get £1 10s for a sovereign, and he denied that he had any intention of selling the sovereigns at a very advanced price. He could not give any reason for wanting to convert the notes into gold, but he said the idea had been suggested by "Wilson." Witness said he had been the first to mention the high rate of exchange. The proprietor of a Queen Street restaurant said he had seen with the two accused in his dining room on the evening of March 22. Other witnesses called by the prosecution said Capner was not employed by the National Bank, nor was Mcßae an employee of the Union Company. Detectives Beltoh and Hamilton gave evidence of locating Mcßae in the private bar of a city hotel about 12,30 p.m. on March 24. Accused accompanied witnesses to the detective office and admitted having been in a restaurant with a Mr. Whyte, who was a friend. Asked the name of his companion, Mcßae said it was Clark. Questioned whether ho was sure it was not o man named Capner, Mcßae said. "It's all the same, Clark or Capner." Detective Belton said Capner was arrested later the same day, and, when informed of the charge, he said, "J know Mr. Whvtc just as a friend, and I did not got any money from him." Accused Granted Bail "Detective Hamilton said ho was alone with Mnßac when accused asked how much money was stolen. When witness said the sum was £7O, Mcßae commented, "Well, lya has doublecrossed mo. 1 never got a tray hit."

Detective Slater said lie had noticed C'apner talking with an elderly man in Shortlan<l Street on the afternoon of March 20, and Detective McWhirter said he noticed McKac and C'apner standing together in Queen Street, near'the corner of \Khortland Street, at 5 p.m., on March 2.'5. Counsel submitted that, in law, there was no case to answer. It was necessary to prove conspiracy, and the complainant, who, counsel contended, intended to take the sovereigns out of New Zealand, was also a conspirator. Both accused pleaded not guilty, and were committed to the Supreme Court for trial. ISach was allowed bail in the sum of £2OO.