MISREPRESENTATION AND VAGRANCY.

Otago Daily Times, Issue 16783, 26 August 1916, Page 11

MISREPRESENTATION AND VAGRANCY.

TRAVELLING ON THE PUBLIC. Alfred Daniel Walton, a well-dressed man o£ about 10 years of age, was charged before Mr J. R. .Bartholomew, S.M., in the City Police Court yesterday, with having, on tho 10th inst., at Dunedin, with intent to defraud, obtained from Thomas Maltman Walker £2 by means of a false pretence. Accused had:, according to tho charge, represented himself to bo a commercial traveller, engaged by a largo timber firm in Sydney. Ho was also charged with being an idle and disorderly person, having insufficient lawful means of support. Mr Hanlon appeared for accused, who pleaded not guilty. It was decided to take tho false pretences case first. Thomas M. Walter, indent agent, said he had been introduced to accuscd at tho Commercial Travellers' Club. Accused was introduced as representing Cuthbert and Co., Sydney, and accused did not contradict _ it. Accused said he had been endeavouring to procure a cargo of white pine 'to ship to Sydney, and that if ho had succeeded! ho would havo earned a, commission of £500. Accused met witness afterwards by appointment and was introduced to witness's brother, who was in the timber business. Later still accused called on witness, and after stating that he had lost a wallet containing three £5 notes, two singles, passport, etc., he asked for tho loan of £5. Witness refused to lend tho .money, as it was not at tho moment convenient to do so. Accused then suggested £2, to which witness agreed. It was on tho representations made at tho introduction that witness lent tile money. Detective Hammerley, who arrested accused, stated that he had known_ him previously, having to interview him at the Grand Hotel on the '7th inst. On being aslced who he was accused produced a card, and said ho was a traveller representing the firm there named. lie said ho represented various lines, and was evasive in his answers. Ho kept reporting himself to the police between the 7th and 11th inst., as to his movements. In gaol he said he was not a representativo of Cuthbert and Co., and that as a matter of fact, he was not representing anybody. On searching among accused's belongings witness found a passport and a wallet which accuscd said he had lost in Christchurch. Ho sir 1 'to had met a friond, aMr Walker, from .0111 lie had obtained £2. Detective Hall also gave evidence. Carl Otto, in charge of tho card and box department in the Star office, stated that tho cards produced had been printed in the Star office, but tho account was not paid. Mr Hanlon. addressing the court, said the ease must fail. In order to sustain a charge of obtaining money under false pretences it must bo proved that the money hafl been obtained by misrepresentation. It must also be proved that tho representations made were untrue, and that had not been done in this case. Mr Walker had not said that ho parted with his money on the strength of any representations made by accused, and it had not been proved by tho prosecution that statements made were untrue statements. Mr Bartholomew wont at some length into the case, and decided to convict accused, but agreed to take- the second charge before imposing any sentence. Accused was then charged with vagrancy. Detectivo Hammerley gavo evidence to tho effect that ho saw accused at the Grand Hotel. Accused tfcen had 10s 6d. Witness read a long statement by accused, tho gist of which was that he owed money in various parts of the dominion, principally to hotels. Witness maintained that among accused's papers wero found documents showing that sinco November last year ho had in various parts of New Zealand incurred debts amounting to £198. Witness warned accused as to his position, but he had made no attempt to help himself. 'He had stayed at different hotels in Dunedin under assumed names. Carra Kerr (book-keeper at the Grand Hotel), Ellen Coughlan (wife of the licensee of tho Crown Violet Binstcd (wife of tho license© of Wain's Hotel), and Willian Andrew Woods (licensee of the City Hotel) also gavo evidence, which was almost entirely in tho direction of showing that accused had run up bills which he had not paid, but which had, since he had got into trouble, been paid on his behalf. Mr Hanlon, addressing his Worship, pointed out that all that had been shown was that accuscd could get credit here and elsewhere, and, that tho debts ho had incurred hero had been paid. His Worship said he did not think tho evidenco was sufficient to convict. It was practically that accuscd had gone to hotels, stopped there, and had left 'without paying, but the accounts had since been paid. The charge would be dismissed. Referring to tho other charge. Detective Bishop stated that accused had been before tho court in Auckland on March 31, for obtaining credit, by fraud. Sinco then he had been travelling from Auckland r'ght through tho country without paying any of his debts. Ho had not supported his wile sinco last year, and was frhat was kr-own as a waster. Mr Hanlon: Accused denies that ho has not supported his wife. Detectivo Bishop: Wo have had his wife interviewed, and she has not received a penny picce from him or heard from him. Ho does hot care whether sho is «.;ead or alive. His Worshir* said that evidently accuscd had not profited by his previous exp-eri-ence, and' had become confirmed in his methods of gaining a living by his wits. Ho would bo sentenced to three months' imprisonment with hard labour.