NOT GUILTY

Otago Daily Times, Issue 26770, 13 May 1948, Page 4

NOT GUILTY

FALSE PRETENCES CHARGE SUPREME COURT SITTING After a retirement of 23 minutes in the Supreme Court yesterday, the jury found Arthur George Coughlan, aged 37, not guilty of obtaining £IOO from James Charles Gore by false pretences. Coughlan was discharged. He was represented by Mr F. W. McElrea and the Crown case was conducted by Mr J. B. Deaker. Mr Justice Kennedy presided. James Charles Gore, the complainant, said that on November 6, 1947, he called at the St. Clair Service Station. The accused asked witness for a loan of £IOO because he was “out of ready cash.” The accused wanted the money on the next day. “ The accused said the business belonged to him and he had paid for all the stock in the place, but he was short of cash,” witness said. “He said he had £l7O in accounts which were going out that night. The accused assured me he had no debts himself and he promised faithfully to repay me before the end of the month. I gave him £ 100 on the next day. All I got was an 1.0. U.” Evidence was given by two accountants of oil companies, William Stevenson Imlay and Edward Ross, concerning payment for petrol delivered to the service station, and by James Alexander Fleming, who said he had leased the St. Clair Service Station to the accused. Detective Sergeant R. J. A. Berry said the accused had made a statement to the police on January 27, 1948. Mr Deaker said that the Crown sought to prove that the .accused, with intent to defraud, obtained £IOO by representing that he owned the service station. The Crown alleged that the false representation was made by the accused in the conversation with the complainant on November 6, 1947, when the accused’s intention was to get money from Gore. The accused knew his financial position was unsound at the time.

“ The defence is an emphatic denial of any intent to defraud and that any false representations were made,” Mr McElrea said to the jury. “We admit that the loan was made and that Gore was generous, if foolish. However, the service station was closed down by the landlord before the time to repay the money had arrived. When the station was closed down, the accused saw Gore and said he would repay the amount. I submit that the accused intended to -treat the matler as a debt of honour and when he is in a proper position the account will be paid in full.”

His Honor summed up and the jury retired at 2.52 p.m. to return at 3.15 p.m. with a verdict of not guilty.. Young Men Charged

Robert Wark Johnston, aged 24, and Colin Charles Kirkwood Dunsmuir, aged 20, pleaded not guilty to a joint charge of breaking and entering the premises of Moncrieff and Stewart by day on March 2 with the intent to commit a crime. Both the accused were represented by Mr J. P. Cook. After Constable G. P. Dwan, police photographer, had produced a series of flashlight photography showing parts of Moncrieff and Stewart’s premises, the foreman of the jury asked his Honor for permission to view the premises. His Honor adjourned the court until 10 o’clock this morning when the jury will be permitted to make the inspection. For the Crown, Mr J. 8., Deaker said that girls were working at the back of the premises on March 2 after the manager had locked the doors. One girl saw a hand and arm appear on a window sill. Two assistants ran out to the front of the shop and a man identified as the accused Johnston came running out of the alleyway beside the shop. The accused Dunsmuir, who was still in the alley, told the girls he had been in the Empire Hotel. Dunsmuir was formerly employed at Moncrieff and Stewart’s. He was questioned at the police station and later the police apprehended Johnston. Statements were obtained from both the accused.