CREDIT BY FRAUD

New Zealand Herald, Volume LXXVI, Issue 23487, 26 October 1939, Page 13

CREDIT BY FRAUD

AET UNION SCHEME RADIO SET PRIZES CLUB SECRETARY GUILTY The trial of Albert Edward Arthur Hamilton, motor mechanic (Mr. B. S. Lockhart), on charges of falso p ro _ tenccs and obtaining credit by fraud was concluded before Mr. Justice Fair in tlio Supremo Court yesterday. The Crown alleged that the accused obtained three radio sets of a total value of £77 from Radio Centre, Limited, by falsely representing that all that was necessary to complete payment by cheque was a signature of a member of the Bird Lovers' Club. The prosecution was conducted by the Crown Prosecutor, Mr. V. 11. Meredith. Detective-Sergeant F. N. Aplin said accused had given him an explanation on July 2G of the complaint from Radio Centre, Limited, that ho had obtained credit from them by fraud. In his statement accused said he was an unemployed motor mechanic. In June of last year he had organised the Auckland Bird Lovers' Club to foster the interest of children in the bird life of New Zealand. He gave talks on bird life from IZB and later from IYA and IZM. Approximately 250 children and adults joined the club, , but there was no membership at the time. £2OO from Public

Accused notified a membership subscription of 2s Gd last January, tho statement continued, and about £3 was received from this source, but ho had no record of who paid. The general public had subscribed approximately £2OO to the club. The club was approximately £4O in debt over a picnic it held at Oncroa for orphans and cripples. Tho sum of £3l was still outstanding from sellers of art union tickets. His wife was in poor health, and he had used approximately £SO from the salo of art union tickets for medical expenses and treatment for her. He did not know what had become of tbo balance of the money received. Tho Bird Lovers' Club had no funds and was about £79 in debt.

Later, said witness, accused called 011 him and said it was nob true that he had used £SO for his wife's medical expenses. Ho did not know what had become of the money, and thought they were well over £IOO in debt. There was no committee of the Bird Lovers' Club. Plea by Counsel Mr. Loekhart said accused's liability was 110 more than a debt, and .Radio Centre, Limited, might very well have sued for it in the civil Court. His Honor said it seemed perfectly clear that the representation made by the accused was false, because there was 110 money in the bank and no committee of the Bird Lovers' Club. There was intent to defraud when a man induced another to part with goods in the belief that he would be paid forthwith when it was quite uncertain whether lie would be paid. They might think that the manager of Badio Centre, Limited, was quite justified in assuming that he was dealing with an honest man, and that it was not unreasonable for him to deliver theso goods 011 credit. After three-quarters of an hour the jury found accused guilty on both counts and added a recommendation to mercy. His Honor said the recommendation would be given effect as far as possible, and remanded prisoner for sentence.