UNWASHED BLANKETS.

Sun (Christchurch), Volume VI, Issue 1788, 6 November 1919, Page 7

UNWASHED BLANKETS.

RETURNED TO PAKEHA. LAUNDRY MANAGER CHARGED. ■WITH AIDING AND ABETTING. The hearing of the case against Henry Eugene Street (Mr W. J. Sim) was continued yesterday afternoon at the Magistrate's Court, before Mr S. E. McCarthy, S.M. The charge preferred was that the defendant, as manager of a company trading under the style of Brown's Highbury Laundry, Limited, did aid and abet the said company in committing a breach of a war c.ontract, which provided for the washing of military blankets by the said company. Mr S. G. Raymond, K.C., appeared for the Crown. In concluding his opening remarks, Mr Sim submitted that, if the company had undertaken to perform N a contract, they had done so. Out of the\4ooo blankets sent, 2500 had been washed at the laundry, and, at the, end of July, the remainder had been washed in Wellington at the expense of Brown's Highbury Laundry, Ltd. According to the evidence of the Crown, the defendant had been the chief malefactor in the case. That being so, it was not tenable in law that he should be charged with aiding and abetting. He submitted also thai if the company were found guilty of certain acts, then, by their punishment, they would expiate the offence, and, having done so, there could be no further charge of aiding and abetting against the manager, as a member of the company. George Lionel Miller, greengrocer, Lyttelton, agent at that town for Brown's Highbury Laundry, stated he had been asked if he could arrange with Brown's Laundry to wash a quantity of ship's washing, blankets and hammocks. He rang up Mr Street, who asked how many blankets were in the lot, and he had informed him that there were about 4000. Street said that it was utterly impossible to do the work in a fortnight's time, when they were required, and that the hammocks would have to be cut out. By his conversation on the 'phone subsequently Street appeared very '' fussy'' and excited. To Mr Raymond: There was no doubt that the blankets sent were military ones. He had nothing whatever to do with the dealings beyond obtaining the blankets for the laundry to wash* He had no knowledge of their going back unwashed.

To Mr Sim: The laundry was not in the habit of receiving large consignments of washing from ships. When Mr Street first Jieard that 4000 blankets were being sent he said: "It is utterly impossible to do them!" THE- DEFENDANT'S EVIDENCE. The defendant stated that he had been in the employ of Brown's Laundry for 17 years. Early in June Miller rang up to state that there was a quantity of washing to be done. At the time the Corinthic blankets were washed, they were not nearly so busy at ,the laundry, and, in addition, the blankets were easier fo wash and to dry. He had never previously undertaken any large orders of blankets of that kind, and there was no provision for his staff coping with a rush order. Miller, the port agent, gave him particulars of the workers to be done, and witness replied that it was absolutely impossible to take it. Miller suggested washing as many of the blankets as possible, and doing the rest as best he could. Later again he informed Miller that it was impossible to do the hammocks and blankets. Miller replied, "It's too late! They are on the way." He could see he was "in a hole," and could only do the best possible. He had not the slightest idea that ho was entering into a contract with the Crown. Had he known that it was the Crown, and that non-performance would involve criminal proceedings, he would have "turned it down" absolutely. He did not get extra hands until a few days later. Drying was the principal problem he had to face. Lines were placed all over the factory, but they continued to ■wash more than they could dry. He rented a 10-acre place at Cashmere Hills, for drying purposes, and sent about 900 blankets there. Solomon's statement regarding only 200 or 300 blankets being sent to the Hills was not true. He -had been unable to obtain sheds for the purpose of drying the blankets. The weather was continually wet, and the days were short. The blankets were of a heavy and thick type, and arrived at the laundry in a disgusting state. He had never seen blankets come to the laundry in a dirtier condition. He had to sort some of the stuff himself, as the girls wouldn't touch it. He considered that 2500 blankets had been washed. OVERTIME WORK.

The defendant stated that his male staff .worked overtime every night until 11 o'clock, and once, towards the end of the contract, worked all through the night, without even stopping for tea. lie himself was there all the time. When the time came for a reckoning, he knew that the 4000 blankets had not been washed, but he considered that the blankets washed were easily worth 1/6 per blanket, owing to the fact, that all the other business had been thrown Out of gear for three weeks at least. Those blankets which were not washed were shaken out and folded. Those were the apparently clean ones. He fixed 1/- as a flat rate for the sum total. He had no intention of representing that he had washed the wlrole 4000. Some of the drying was done in the laundry yard, wliich was a dusty place. He had instructed the two returned soldiers regarding folding of the blankets. He used clean blankets in demonstrating. The words "Keep your mouth shut, as there are tricks and 'haves' in every trade," mentioned by Soloirfon as being used him, were absolutely false. He may have told the men not to talk about anything they saw inside—his firm had its, processes which, naturally, it would not require other people to know. He could not see Solomon 's reason for stating that witness had persuaded him to assist in committing a fraud, unless it were spite. He had had occasion to speak to him. To Mr Raymond: He undertook to do the best he could possibly do in the time with the' blankets. He had not mentioned to anyone that he was sending back unwashed ones. The blankets were sent up to be laundered. He knew that the blankets were military ones coming from a troopship and he knew also that troops would possibly sleep in' them. He would not have contracted with the Crown if ho had known because it was so exacting. If he had stopped to consider' possible punishment ho would have shut down on the contract to start with. Approximately 1250 unwashed blankets were returned.

Continuing, defendant stated that he first made a report - to his directors about July 8. He had no knowledge of telling Captain Clayden that he had received no complaints about the blankets. Ho may possibly have referred to the ship'a .laundry. Ae manager, he had the fixing of the charge of 1/- per blanket: The 2500 blankets mentioned as being -washed were approximately, calculated.

Mr Raymond: I suggest that this eighteenpence business is an afterthought on your part, and that you never made a suggestion of it to your directors, or to the ship. Defendant: It was not an afterthought! It never occurred to him to apply to other steam laundries. Miller conveyed to him the information that he was to wash what he could, and send back the rest unwashed. Ho had never done such a thing before. He believed Mr Miller was wrong when he stated that he did not. know that some of the blankets were being returned unwashed. Leo J6seph Brett, labourer, Brown's Laundry, Christchurch, stated that the words used by Mr Street were, '' Do not speak outside of wlmt you see done inside." "Tricks and 'haves'.in all trades" was not mentioned at ail. Mr Raymond hero produced a signed statement made by the witness to De-tective-Sergeant Gibson on a previous date, stating that the words "there are tricks in all trades" were used by Street. Witness (to Mr Sim): Detective Gibson himself put the words into me. He explained to me that Mr Street had already used the words. I must have overlooked the words when signing the statement. At this stage the case was adjourned until 10 o'clock to-day.

TO-DAY'S PROCEEDINGS. The hearing was resumed at 10 o'clock this morning. Albert Edward Hartshorn, assistant , manager at Brown's Laundry, stated that the first intimation he had that blankets were coming to the laundry was from Mr Street, who stated that 4000 blankets were coming from Lyttelton. They talked the matter over and decided that they couldn't cope with them; Some of the blankets which arrived from the ship had never been used and were brand new; others came to the wrong place—they should have gone to the Destructor. Every possible means to wash the blankets was taken. If they had wanted to work all night they could not have obtained tho experienced hands necessary. About 900 blankets were sent to the foot of the Hills for drying. Solomon's statement that only 200 or 300 blankets went to the Hills was an absolute lie. His job at the laundry was to fold blankets, and he was not a satisfactory servant. Solomon could not possibly express an opinion than threequarters of the blankets were unwashed, as he had never handled that number. In his opinion 3000. blankets . had been washed.

Mr Sim: Is that a considered opinionT Witness: Yes! Two men and I used to fold the blankets during the night'and tie up those already folded. They must have folded 3000 washed blankets, because 900 went to the foot of the Hills. He had no doubt whatever that these were washed blankets. In saying that it was the uniform practice of the laundry to fold three dirty blankets betwen two clean ones, Solomon was a downright liar. If Solomon did such a thing it was entirely without his approval or knowledge. He considered that, taking into c.opsideration the disorganisation of business and the trouble gone to, the blankets were well worth 2/- each for washing. There was no distinction made between the washed blankets and the new blankets. The others were well shaken and folded. He did not think Street had yet recovered from the strain he had been put to during that fortnight. They repeatedly went without their tea at the time, and Street on occasions had to sit down in the office from weakness. To Mr Raymond: There were a good few dozen brand new blankets. . .

Mr Baymond: And you charged 1/for washing those! —Yes.

Witness stated that he considered a few dozen blankets should have been sent to the Destructor. They had not applied to the Eepatriation Board for any more employees. Mr Raymond: Then three days after receiving the blankets you returned 1455 blankets! He pointed out that seven days previous to the expiry of the contract, nearly all the blankets had been returned to the ship. Some blankets had gone back that were not- washed. He did not eay that th«re were anything like 1500 brand new blankets. If Solomon had folded dirty blankets he might have done so without witness knowing. To Mr Sim: There was more washing done at the beginning of the period than at the end, but the weather had been fine. Solomon had on one occasion been told by Mr Street to "Go down to the mangle and 'shake out' if you can find nothing to do." The girl at the mangle told witness that he had said, "I'll put Street's pot on for this!" William Johnsen, an employee at the laundry, estimated that 2000 blankets had been washed, but he knew that he had worked from 8 a.m. till 5 p.m. on private work, and from 6 p.m. till 11 p.m. when the blankets were washed.

This concluded the case for the defence Mr Raymond called Detective-Ser-geant Gibson, who stated that, on August 24, -he interviewed tlte witness Brett. He saw him at his lodgings in Salisbury Street on the date in question and told him he had come to get a statement if he could, regarding the washing of clothes at Brown's Laundry. Witness took the statement from him and put it down in writing in his notebook. Brett read it over, and after doing so, said there was something he wished to add. Witness made the addition and Brett signed the statement. Brett had stated in his evidence yesterday that he failed to see the words "tricks and 'haves' in all trades." The manner in which witness got that from him was by reading Solomon's statement to him.

To Mr Sim: He read part of Solomon's statement to Brett. Brett did not originally make tho statement, he endorsed it. Brett's words were a bit different. Mr Sim again submitted that no contract had been proved for the -washing of 4000 blankets. The defendant had done his utmost to fulfil his obligation. He wished to point out the utter stupidity of a man of good position and an honourable name, and, moreover, owning shares in a company, placing himself willingly in a position which would render him liable to legal proceedings. He submitted that the defendant had done everything possible to complete an unwelcome contract. The performance might have been unsatisfactory, but there was no intention of fraud. He submitted that the evidence of So'omon had been largely discredited by .subsequent witnesses. The bundles inspected at Timaru were not tied up again in the presence of the inspecting party. Between Timaru and Wellington 102 blankets went astray.. He submitted that the blankets might have not been the same ones which were inspected'at Wellington by Captain Chudleigh. The whole case for the Crown was based on suggestion. He maintained that, if Street should be charged with' aiding and abetting, then Solomon should also be charged, as on his own statement, he had been a participator.

Mr Raymond submitted that the case submitted by the prosecution did not rely solely on the evidence given by Solomon. Tho admissions of the accused himself, he submitted, pointed to the fact that a swindle had' been

committed. The "rush of time" claim placed forward by the defendant, had been disproved, as most of the 'washing had been done in the early period of the contract, and at the end of the' time the laundry was comparatively free. The Crown relied on the evidence of Solomon and Patchett. The evidence given by the witnesses for the defence proved that large numbers of the blankets were forwarded to "Wellington unwashed.* Then, again, the directors were "disgusted" on hearing of the affair, and, to use Mr Best's own words, a "confes-. sion" had been made by the defendant. He submitted that there had beeu an implied undertaking and that Street accepted the blankets, intending not to wash tftcm. Tlyre was also a fraudulent packing of the blankets. The facts submitted showed that "wilful" fraud had been committed. Street must have known that he was accepting a contract : with the Crown. The fact of Street's being an officer of the company did not prevent his being charged with aiding and abetting the company, which was a legal entity. :,•..> »..-■■,'-: >i;; J% The Magistrate reserved his decision. 3