CONSPIRACY CASE

New Zealand Herald, Volume LXXVII, Issue 23662, 22 May 1940, Page 10

CONSPIRACY CASE

CIIRYSTALL SENTENCED REFORMATIVE DETENTION JUDGE'S FINAL COMMENT [I)Y TELEGRAPH —I'll ESS ASSOCIATION'] WELLING TON. Tuesday In the Supremo Court this morning Mr. .1 ustice Smith sentenced Harvey Maitland Ghrystall to reformative detention not exceeding two years, for having conspired with Gordon Percy Aston to defraud Hartley Roy Sellers of £0765. Ghrystall who, with Aston, was found guilty of conspiracy and five other charges, was sentenced on three of the other counts to 18 months' reformative detention and on the other two to one year's reformative detention, all tlio terms to be concurrent. The Judge said he had carefully considered all submissions made by .accused's counsel. "It must not bo forgotten that no evidence was brought to show that you were not a responsible person," Mr. Justice Smith said, addressing the prisoner. "Although you had suffered from what is called shell-shock, voti appear to have recovered and for years practised iu Chnstehurch as a consulting engineer. Untrue Statements "The jury was entitled to think that at the time you engaged in this scheme you were fully capable of knowing the nature and quality of your acts and knowing whether they were wrong or not. On the other hand, they could think you of an enthusiastic and boyish disposition, and that you had a linn, even fixed, faith in the ability of Aston as an engineer of superhuman quality. "No such belief, however, could justify the statements that you yourself had been talking to the Admiralty in London on a secret earth telephone or that you were yourself sworn under the British Official Secrets Act. These statements were made early in the proceedings and you ■ must have known they were untrue." The Judge also pointed out that with regard to the prisoner's conduct with tiie £750 cheque drawn on the Racing Conference funds the jury must have Felt the prisoner had a guilty knowledge. Sellers' Friends Commended "I cannot but think that on many occasions you know you were representing that certain facts existed when you only believed they would exist," said His Honor. "In this way you allowed your own reputation and standing to be used in perpetration of a cruel fraud." In parting with the case the Judge said he desired to say the friends of Sellers were to be commended for their good citizenship in freely assisting the police to bring the whole matter to the light of day. Ho desired also to say the police were to be highly commended for the efficient manner in which they had unravelled the complicated details of the case and enabled them to bo clearly presented to the Court.