A "PROBLEM CASE"

Otago Daily Times, Issue 22964, 20 August 1936, Page 9

A "PROBLEM CASE"

SWEEPSTAKE HOAX ECHO JOHNSTONE BEFORE THE COURT TWO YEARS' PROBATION MAGISTRATE CRITICISES PRESS " Reports show that the accused is somewhat of a ' problem case,' and is unbalanced," said Mr J. R. Bartholomew, S.M., in the City Police Court yesterday when admitting Ernest Arthur Trimear Johnstone to probation for two years on a charge of incurring a debt of £2 with a taxi driver, thereby obtaining credit by fraud. Johnstone pleaded guilty to this and a similar charge, on which he was convicted and discharged, and a charge of being idle and disorderly was withdrawn. Johnstone, it will be remembered, was the central figure in the hoax recently perpetrated in Dunedin when the young man claimed that he had won £30,000 in an Irish sweepstake Chief Detective Young, who prosecuted, said that on the night of July 23 Johnstone had caused information to be sent to the Daily Times Office that he had won £30,000 in the Irish sweepstake, The following morning, when interviewed by a reporter of the Evening Star, he had said that he had received a telegram from Timaru informing him of his win. The accused had next borrowed £2O from his employer, which was paid to him by means of two cheques for £lO each. One of these cheques was cashed by an hotelkeeper, but payment was stopped on the other. On the Saturday Johnstone had left for Timaru,, ostensibly to take possession of his lottery ticket. Under the pretence that he was a sweepstake prizewinner he had allowed people to entertain him well in Timaru. When he returned to Dunedin some people had made complaints that he was annoying them and was idle and disorderly, and he was later arrested. On August 9 the accused had hired two taxis to take friends to Waikouaiti and had incurred a debt of £4 for the taxi hire. Johnstone had been under the care of the Child Welfare Department and had been an inmate for a time at the Weraroa State Farm.

Mr C. J. L. White, who appeared on behalf of Johnstone, said that this case had unfortunately been the centre of a great deal of publicity and limelight. If the hoax had been a genuine case of intention to defraud it would have been " get rich quick and get out quick." The police had alleged that Johnstone had engendered a plan to defraud, but if that had been so, Mr White said, surely a man would have taken the opportunities open to him and obtained perhaps thousands of pounds by these false pretences. The young man had suddenly awakened to find himself the cynosure of all eyes, and he was lionised and feted. Many had gathered round him posing as good fellows, no doubt with an eye to future chances of borrowing. A wise man would soon have stopped his activities in this hoax but Johnstone unfortunately had carried on. With the press publicity behind him. Mr White suggested, the accused, if his intention had been fraud, could have defrauded people of hundreds or even thousands of pounds and escaped to Australia before his activities were brought to light. Instead, he had borrowed a paltry £2O and had gone to Timaru. He next openly returned to Dunedin and interviewed his employer. There was, Mr White said, no charge against Johnstone in respect of the £2O borrowed.

The hiring of the taxis had nothing to do with the " prizewinner " hoax, which by this time had died down, continued Mr White. The employer of the young man was willing to take him back, provided that he arranged to repay the money borrowed.

Mr Bartholomew said that Johnstone was somewhat of a problem case and was slightly unbalanced, according to reports. It seemed that he would not do much good outside of institutional control, but in view of his age he would be given a chance.

"It is unfortunate," Mr Bartholomew said, " that the press so readily lent itself to enlarging the hoax. This might have become a case of fraud on a large scale, and the press has responsibilities in this matter "

Chief Detective Young asked that an order be made for restitution of the taxi fares, and the magistrate ordered that Johnstone repay the £4 by the payment of 2s 6d out of every £ that he earned.