FOUND GUILTY OF FRAUD.

New Zealand Mail, Issue 1136, 8 December 1893, Page 18

FOUND GUILTY OF FRAUD.

OBTAINING MONEY UNDER PROMISE TO MARRY. At the Supreme Court, on Monday, the 4th, before the Chief Justice, Frank Philpot, alias John Henry Smith, was

arraigned upon an indictment charging him with having- on the Bth August falsely pretended to be willing to, marry Rose Grangaux, that he was entitled to receive from England, that Mr J. W. Poynton (solicitor) had been instructed-to receive these moneys, and that by those means he fraudulently obtained .£lO from Rose Grangaux. The prisoner pleaded not guilty. Rose Grangaux stated that she was domestic servant at Mrs Duff’s boardinghouse in August last. Prisoner, whom she had known for four months previously and with whom she had been keeping company, went to live at Mrs Duff’s at the same time. They had previously lived at Mrs Dempsey’s boardinghouse, witness as servant and prisoner as boarder. They became engaged there, prisoner telling witness that he had .£175 coming to him from London, and that Mr J. W. Poynton, solicitor, was to receive it for him. It was arranged that the marriage should take place from Mrs Duff’s about a fortnight after going there. Prisoner obtained ffom witness loans of money amounting in all to .£lO, and he promised to repay her as soon as his own money came to hand. The money had not been repaid. Witness hearing that prisoner had been in gasl before taxed him with this, and he then left the boarding-house. She did not see him until he was in the custody of the police.

In answer to prisoner the witness said another lady turned her against*the prisoner. She was willing to trust him to return the money. She did not say she did not mind about the return of the <£lo if the prisoner married her. Prisoner did return some small portion of the .£lO. The

lending of the money had nothing whatever to do with promise of marriage; it was lent upon prisoner’s representation that he would be able to repay it out of his expected .£175 from Home.

Mrs Duff stated that prisoner had represented that his father, who he said was a retired admiral living near Brighton, England, had left him .£3OOO, and that a first remittance of <£l76 had just arrived for him. She noticed that the girl was going about crying, and asked the prisoner his intentions. He said the marriage was going to take place the same week, but he left that week, and witness did not see him again until he was arrested. While staying at her place he asked witness to get the wedding dress for him. She went to do so, but prisoner had not the money to pay for it. , J. W. Poynton, barrister and solicitor, stated that prisoner had never been a client of his, and that he had never received any money for him from a retired admiral or anyone else. . " * Upon being challenged for. his. defence the prisoner produced a newspaper, advertisement signed “. Frank/ Philpott ’* and offering £4 reward, for the recovery of a purse containing, money, diamond rings and other! jewellery. 'He said the. loss of his p.urse was the reason why, he, sought and obtained the loan of money from mW Grangaux, ]

His Honor said the. reason for, obtaining, the loan was immaterial. The mpans by. which it was. obtained was the reql before the Court.

Prisoner then,'addressed the jury. He. said he Had not fursted against the young lady, in spitq,c#- the ‘ degrading, position in. which be had been placed. But she was. turned against him by a third person. Had ;it not been for. losing liis purse he would' never have, asked for the loan, of thq' money. He. did intend; and still to repay .it. The girl was willing to, fcrupt him, It was true.that lie, expected: to receive between <£2.QOQ and bn the deathof a relative, but bp. would sooner die .than disclose, to his people his wherer a bouts and present position.

His H,onor directed the jury to disregard; the. alleged pretence of promise to marry. The jury, after a brief absence frqift Court, found, the prisoner guilty His Honor .said it was melaiifcßoly;. The prisoner 24, was’ a bootmaker.by. jwacW and was possessed, of great natural; ability. He had spoken to, the. jury just as Well as a candidate, for. the House, of Representatives, and, better' probably than most of them. Yet lie. attempt to. get a living by defrauding- 4 poor, simple creating like,.tfye.flrafc witness,. There was a long, list, of previous- convictions against tha prisoner, Shpwing thaf he, had ’commenced a, criminal, career at thp. age of 1(7. In, 1S87( he received a mouth, aj. New. Plymputh for larcenyiq 1888 thj?e§ mouths at Waitara fpr larceny, and. ia* one month at New Plymouth and three months at Cambridge for- larceny. In 1890 he was tried at New Plymouth on a charge of larceny and acquitted. In June, he got three months at Foxton for larceny, and in November following, at the same place, seven days for vagrancy. In November, 1892, he was tried at Wellington for breaking and entering and arson, and acquitted, but in the following month he got six months at Otaki for larceny. Finally in September last he got three months at Wellington for larceny. His Honor then sentenced the prisoner to two years’ imprisonment'with hard labour. The sentence was received with a smile.