FRAUD CHARGE

New Zealand Herald, Volume LXXIII, Issue 22574, 12 November 1936, Page 14

FRAUD CHARGE

COMPETITION SEQUEL MOTOR-CAR AS PRIZE THREE MEN PROSECUTED HEARING AT WELLINGTON [BY TELEGRAPH —PRESS ASSOCIATION*] WELLINGTON. Wednesday False pretences in tho conduct of a competition, for which a motor-car was offered as a prize, were alleged in the Wellington Magistrate's Court to-day against Harold Fairchild Pobar, agent, Bertram Egley, company secretary, and Hjinnath Noel Blake Marshall, company director. Mr. E. D. Mosley, S.M., presided. Five charges were made against defondants jointly. Tho principal charge was that between July 16, 1935, and March 31, 1936, defendants conspired with each other in Wellington and other places to defraud such persons as should be induced to purchase tickets in a skill-test competition by falsely representing that a car was available as a prize, without disclosing tho fact that tho car was subject to an instrument by way of security, securing tho principal sum of £450, and by falsely representing that that car was new and being kept sealed. Sports Body's Interest .There were four other charges that defendants, by tho same false pretences, obtained from John Leith Is, from John Johnston Henderson 6d on two occasions and from Henry Gastein sums totalling £l. Douglas Aubrey Park, a clerk in the Supreme Court office, produced an instrument by way of security registered in August, 1935, granted by Edward Jones to Guarantors, Limited, affecting 'a motor-car. No satisfaction, he said, had yet been registered on that security. Victor Milton Simpson, chairman of the board of control of the Wellington Rugby League, said that in July, 1935, Pobar and Blake suggested to him a skill competition, the net proceeds to be "donated to the Wellington Rugby League. The proposal was that the League should receive the net profits, and 7J per cent of all gross sales was to be banked to the credit of tho League. It was agreed that Pobar and Blake were each to receive £4 a week as wages, plus all expenses, and finally a bonus of 15 per cent of the profits. The competition was to eompute how long the engine of the prize car would ' run on 18 gallons of petrol under a certain given set of conditions. Inspection o! Books ■Witness communicated with National Motors, Limited, and saw the defendant Marshall, who showed him what he understood was the receipt for the price of a car which Pobar said had been paid for in cash. Marshall gave an undertaking for National Motors that the car would be sealed and hold in safe "custody by the firm until the final test. It was also arranged that the Rugby League's auditor should inspect tho books and keep the league informed of the position. After getting legal advice that the test did not contravene the law the league agreed to the competition and it had received £42 lis from it. Witness informed Pobar that the position ■Was unsatisfactory and asked him for more money. Pobar said tho expenses had been much higher than anticipated, in addition to which, he said, he had difficulty with his partner and canvassers, and was not in a position to pay further moneys. Dissociation From Competition When the date for the final test - arrived witness expected National Motors to hold it. When he found the test did not take place the league ■dissociated itself from the whole business. Later witness saw an advertisement extending the date, and still later another, in which National Motors dissociated themselves from the competition. Witness became concerned about the delivery of the car. Pobar said the expenses had been such that he was unable to find the necessary money to carry out the final test. Witness said he insisted on the test going on, and gave Pobar approximately £lO for it. Witness was not present at the final test. Pobar said he had found the winner in Wellington, and had come to an amicable arrangement with the winner over the fact that the car was subject to a bill of sale. That was in March. Witness had been informed of the bill of sale in February_ by Egley, but did not know until just before the test that the car had been unsealed and in use. Had he known of the bill of sale he would not have agreed to the proposal. Kennett James Blake gave evidence of selling tickets in the competition with Pobar in Auckland, Wellington and Christchurch. In Christchurch, lie said, they had with them tho prize car, but it was not run. In Auckland witness borrowed a car from the agents. Pobar came to Auckland in a car which he said he had brought as a demonstrator. That car was later used in demonstrating in Auckland, Hamilton and New Plymouth. Partnership Dissolved Before the dissolution of the partnership between witness and Pobar witness did not know that was the prize car. He was not sure of it now. He was not aware up to the dissolution of the partnership that the seals on the prize car had been broken at New Plymouth and the enr seized by Marshall, who said tho payments had not been kept up. Pobar suggested dissolving the partnership, giving as the reason witness' failure to keep in touch with the office. Witness later agreed to dissolve the partnership and a deed was drawn up and signed. After November, 1935, witness' only connection with the competition was as an agent. Andrew Robertson Grimwood, a director of Guarantors, Limited, said his firm seized the car before the final test. It was therefore not avsulablo to the winner unless he paid off the bill of sale. . The hearing was adiourned until tomorrow. Fifteen witnesses remain to bo called.