MAGISTRATE’S' COURT.

Timaru Herald, Volume CXXIII, 19 March 1927, Page 13

MAGISTRATE’S' COURT.

TIMARU, MARCH IS

(Before Air C. It. Orr-Walker, S.M.)

IDLE AND DISORDERLY

Geofgo Humphreys, was charged with being an idle and disorderly person, bfemg with'oiit lawi'ul visible means of 'support.- -> A' plea of gu.dty, * ? '\vas.. entered.

Senior-Sergeant Gibson said he had known Humphreys for years. He had been drinking. He was not a- had worker, and a short slay in goal would probably get the- drink out ol him. Arthur Cecil . Peters, who possossde •id when, arrested; was similarly charged. Accused pleaded gui'ly. The Senior-Sergeant said llialaceused was a well-known loalcr. lie had been all over rhe country, and was recently before the court at Waimato, He. had been ordered to leave Timaru, but went out a short distance and e;ime hack. ‘ His Worship said that according to the records, a number ol men who had been brought up lor a. first ollenee, had been sent to gaol. In Jus opinion it was far better to give men a chance rather than send them to gaol, as once thev had been in prison they seemed to get into iurihor trouble. Senior-Sergeant Hibson asked that the two men be separated. The Magistrate said no matter how low a man got, it there was a chance of him going straight, then lie would gave hint that chance. . Both would be convicted and ordered to come up for sentence when called upon within six months, on condition that they both separate immediately.

ALLEGED FRAUD. On Thursday, Mr C. It. Orr-AYalker, 5.M.,, was occupied with hearing a . case in which Emily Margaret Crds-san, of Geraldine, was charged that being the grantor of an instrument by Way of security under the “Chattels ''transfer Act, 1924,” and dated September 29, 1922, and made between tlie grantor and the National Mortgage as grantee, did, by sale or delivery on or about December 10, without the consent of the grantee, defraud them of wool comprised in or affected by the instrument, thereby defeating the security of the company_ over the same, contrary to the provisions of the Act. SimiUar charges respecting 27 sheep and 30 sheep were also preferred. Mr L. M. Ing'.is appeared for the National Mortgage Ac Agency Co., and Mr .J. Einslie appeared for the accused. Detective It. J. Walker stated that in October, 192 G, he made inquiries regarding the alleged wrongful disposal of sheep, the .property of the_ accused. He made inquiries in the vicinity of tlie railway‘station at Geraldine, and found that' lour consignments of sheep had been sent to Christchurch during the space of nine months by members of the accused’s family. One consignment, on July 27, 192 G, was sent to tlie Now Zealand, .farmers, at Addington. This comprised ; 27 sheep. '' On September 7 a further consignment of 30 sheep were sent, to Christchurch. Both lots were trucked purporting to lie on behalf cf C. C. Hayden. 'When- interviewed accused made a statement which she signed. , jWitness also interviewed the daughter, in accused’s presence, and she ; pf actically dictated the daughter’s answers. Witness again interviewed the accused in November on this occasion she spoke freely r mcorning tliei consignments. She said chat the sheep that had been sold word purchased by her in Fairlie some'forr years ago, and she Iffter sold them to her husband and her son. The sheep liad never been off her property, iiiid had been allowed to mingle freely with her. flocks. ■ Gilder cross-exam nation witness said Alls Crossan was perfectly frank with him about the sheep. He thought she told him that she bought the sheep she sold her husband from Pyne, Gould and Guiness. She said she sold the sheep about five years ago, when she had a place up at Fairlie. She never .mentioned anything about ewes from the National Mortgage Co. All’s Crossait did not tell witness that she had the consent of her husband to sell any lambs’- through the National Mortgage Gd ; She told him that tho two con-Sigiiiii-ents of sheep sold belonged to hqi; husband and son, but did not let on -that, slid knew anything until witness interviewed the daughter. Alexander Anderson, manager of tlie National Mortgage and Agency Co., 'said that when he came to Timaru in April, 192 G, there was a from Afrs Crossan to the company,, and it was still in force. The ledger sheets showed that she had been continuously indebted to the firm since the date of the security. Witness detailed a visit lie had made to accused’s farm, and said that lie-’told accused'lie #as "disappointed with.the number of sheep on the property. In September, 1925, there was only 770 there, but accused said a number of them had been . lost in tlie snow. Ho also said that the amount of wool they had received was trifling in view of the number of sheep she held, and she did not dispute the fact that she had sold wool to Air Smith, of Winchester.

Robert George. Kilgour, auctioneer for the National Mortgage and Agency Co., detailed the class of stock held by the accused, and gave information concerning the various earmarks.

Frank Pirio Morrison, stock clerk for tile New Zealand' Farmers, Christchurch, cave evidence as to having received 27 sheen from C. C. Hayden on July 27, 1926.' Sydney Herbert Aniyes. farmer, residing ,at Russell's Flat deposed as to havyie purchased 27 sheep from the New, Zealand Farmers in July last, were. branded in green. yVFrldprick B. 'Robinson, Spreydon, stated that he purchased 30 sheep from ,thg . Nesv t -Zealand Farmers in September. 19210. These sheep were easily recognised, as the wool had been smoked. Evidence? was .-also given by R. J. Smith.-.National' Mortgage agent at Geraldine,': Arthur H. Clemens, accountant,; C.F.C. A., Oliarlc.s Cyril Haydon,; son- of- accused, Emily Muriel Hayof accused, Thomas R. Mac Kay, chief of Stock Department, Natibnal_Mortgnge, and Harry Edward and -skin'buyer, Geraldine. Accused in evidence stated that no lambs were sold until’they were fattened., and none were sold 'except through the National Mortgage." ' :IFd Mr, Ingiis: She did .not keep any sheep, reeoj’ds, but trusted a. good deal tp'-'hor., memory. /'1925. heiNhusbaTi'd had only 58, ewes. She knew this they hod been counted/ She also knew that 76 of the fleeces belonged to her, because they were the hniancc of the flock, and they belonged to her. In reply to bis Worship, witness said that'‘she sicnied the ’Re'ed -of- security whiclirinfiludcd 280 sheep;- but-she did not erdt them. The sheep wbrp to he suppliedby,; the. National. Mortgage later, hut'.they did not arrive.

Continuing under cross-examination, witness said that her hush And had a registered oar-mark, hut this was later .cancje'lied; and she purchased a ouarter. All the particulars given to the National .Mortgage were riot correct, but, these were later checked liv the firm's accountant. She did not dispose of all her inmhs every year, hut did not keen her ewe flock up. .She had never soTd hnv sheep except through the company. ■ ■-I'--" . His "Worship said he intended to send the case for trial. Accused p'eaded not guilty anj in:

committed to the next session of the Supreme Court at Timaru. Mr Emslie said that ns the accused lived in Geraldine, some difficulty wduld be experienced in securing bail, but lit) suggested that she be allowed out 6fi probation. ■■ is Worship agreed to this suggestion.