CHARGE OF FRAUD DISMISSED

Southland Times, Issue 23768, 16 March 1939, Page 8

CHARGE OF FRAUD DISMISSED

HIRING OF TAXI TO COLAC BAY SEVERAL PREVIOUS TRIPS PAID FOR “This is a case which might have gone to a jury if the accused had elected. I am inclined to ask myself what a jury would do with this case and I come to the conclusion that' a jury would not convict.” These remarks were made in the Magistrate’s Court yesterday by the Magistrate (Mr R. C. Abernethy) when James Hastings Hampstead was charged with incurring a liability • of £2 10/- for taxi hire by obtaining credit by fraud. The defendant appeared before the Court on March 11, when he elected, to be tried by a jury. Yesterday he elected to be deal with summarily and entered a plea of not guilty. Mr G. J. Reed acted on behalf of the accused and Senior Sergeant W. T. Kelly prosecuted.

Senior Sergeant Kelly said that the accused engaged Graham Murrell, taxi proprietor, on the morning of March 10 and paid for several hires, including trips to the Wallacetown hotel The accused engaged Murrell to take him to Colac Bay that evening. He was told that the fare would be £2 10/-, including waiting time. About 10.30 p.m. Murrell picked up the accused and three young women and went out to Colac Bay, where a dance was being given for the mutton birders before their departure for the islands. Graham Murrell said that the accused paid in cash for two hires to the Wallacetown hotel in the morning. He picked up Hampstead at McMaster street that night and after calling at Herbert street, went out to' Colac, where he remained until about 3.30 a.m. He mentioned the price of the fare while at Colac and the accused said not to worry about it and that it would be paid. When he returned to Invercargill he asked the accused for the money and was told that he did not have any. The accused offered to give an order on mutton birds. There was no mention of anyone else paying the fare, although on his return to Invercargill one _of the young women passengers offered to pay part of the fare. This the accused would not allow.

When questioned by Mr Reed the witness denied having a dozen drinks with the accused in the Wailacetown hotel. The witness said to Mr. Reed that he went to the Wallacetown hotel again that morning with Hampstead, who bought two gallons of beer. On the way out the accused paid him 7/- for the hire. He had lunch at the Brittania Cafe and the accused was at the same table. He denied that one of the waitresses said that she had not seen him “under the influence” for a long time.

Murrell described to Mr Reed his movements during the afternoon. He set out for Colac Bay about four o’clock in the afternoon and with him were Hampstead, his companions, Te Au and Tipene, and two young girls. He'did not have any liquor at Colac. The witness arrived back in Invercargill at 9.15 and later drove Hampstead, Tipene and a third party to McMaster street. His trip to Colac was paid for. On the second trip to Colac Bay in the evening Hampstead was the only male passenger in the car.

“I did not have any trouble in getting Hampstead to come back to Invercargill,” continued Murrell. After dropping the other passengers, he drove the accused to a hotel. When he asked for payment Hampstead said that he had no money and he then drove him to the Police Station. In answer to a question by the Magistrate, the witness said that as far as he knew the fare for the first visit to Colac Bay was paid jointly by the passengers. Constable L. Woodsford said that he was on duty at the Police Station when Murrell arrived with the accused. He questioned the complainant, who said that the trip had been arranged earlier in the day. Hampstead wanted to be given the opportunity to raise the money on the following Monday. The accused and the girls who were passengers in the taxi also gave evidence. The Magistrate, in dismissing the charge, said that the defendant, on his own evidence, had been drinking heavily during the day and he was not prepared to find that the accused was fully aware of the money he had in his possession when the arrangements for the second trip were made.