A BOGUS CAPTAIN.

Taranaki Herald, Volume LXII, Issue 144360, 26 March 1914, Page 8

A BOGUS CAPTAIN.

CHARGED WITH FRAUD. Mrs. Boyton, wife of Mr. B. A. Boyton, of Wargrave. Bnrgbley Boa ri. AA’imh;edon. London, brought an action last month against Mrs. Ward, a furniture dealer, of Victoria Crescent, Wimbledon, for damages for alleged trespass in removing furniture from her house.

Mr.' Hawke. K.C.. and Mr. G. L. Hardy appeared for the plaintiff: and Mr. j. B. Matthews, K. C., and Mr. Valetta for the defendant.

Mr. Hawke, in his opening statement, said that Air. and Airs. Boyton went on a holiday in Aiay last, leaving two maipl.s in the house. 1 hoy had not long been absent when a man who called himself “Captain Dunn,” and who. both sides wore agreed, was a rogue and a. scoumlrol, came to the house and said that ho had taken it furnished. He managed to got the key of the house, and at once telegraphed to the defendant. who was a dealer in furniture. tolling her that he had some furniture to sell, Aluoh of the furniture belonged to the plaintiff, and was very valuable. The defendant accordingly weal to tlie house. AA hen sho arrived she found "Captain Dunn" ■ there, lint the mauls bad gone. Ho told her that- be had quarrelled with his wne and was going abroad next. day. and had determined to sell the furniture, ’idle deb'ndant eandiilly went through tile fund' ure. room by room, and eventually agreed to buy some of it lot- ,C'l Ml. i: was not suggested by Hie plaintilf that the defendant hud acted at anv time in had faith, though it did look'as if there had been some careVssne-s on imr pat’.. The value oi the furniture purchased was at least C;C,O. so lliat -lie made a very good bargain. Before ierving sho gave

•'Captain Dunn'' a crossed cheque lor e.y<) as a deposit : hut when she mentioned the mailer to a friend it was .suggested to hc.r that she was doing a risny thing, as the furniture might n ally heiiaig lx Airs. Dunn. Accordingly slit* sleeted Ihe cheque. “Cantain Dunn’ called next day. and no doubt having a persuasive longue he induced the defendant io give him the Cod in ,-a-n. The “contain” Hicn disappeared. At her husband's suggest ion the deiendaut removed die luinitaire which she had purchased. A neighbour, a Mrs. Ill,he. who Imd been asked by Mrs. Bnyion to lock after the house, bad her suspicions aroused, and told the delendam that the goods must not ’h* removed wiihoiii Airs. Barton s per-:ei'-sioti. and ashed where they were goia ; to. The answer was “Europe.'' The'notice were sent for. and overtook the van containing Die goods, and eventually Die furniture was given up. Some damage had been done to the bouse in lemming the furniture, and ii.e plaintiff e’liiim-d (or this also. Evidence was given by A>'s. Buy lon and her Ini-band. Air. Matthews, for the defence, said that his ilient realised that she was liable in law, and was not there io whine for mercy; lint he felt sure that tlie learned Judge would have some sympathy with her. She had been victimised by this “Captain Dunn, who marl be an accomplished actor. lie indimed In r to gi’"e .’dm the ,CAO in cash by pretending to be greatly enraged ~i Die 'topping of the cheque. Mr. Justice .Lush said that this wv, obviously a cast' for home arrangement, and asked if counsel would 'ike to see him in his private room.

This course was assented to. ami on the return of liis Lordship and counsel into Court Air. Hawke said that the plaintilf le.lt Dial the delendam find wif'ered by tlie fraud practised on her by a rogue, and bad great sympathy with her. Tlie matter h'si been settled by Die pnvmeet of a s>tm of money to the plaintilf. Air. Valetta. on behalf of the defendant, said that she much aiuo-iated the very reasonable course token by A.rs. Boyton.

Mr. Justice Bush said that Ire defendant had been taken in by a rngue. and there was not the least, ground for suggesting any had faitii on her part. Judgment was entered for the pl-iln-illf for an inclusive sum. the amount of which was not mentioned.