A NOVEL CASE.

Star (Christchurch), Issue 19800, 18 November 1919, Page 7

A NOVEL CASE.

FALSE REPRESENTATION. A HAIRDRESSERS' BUSINESS. The Canterbury Repatriation Board and a returned soldier were the principal parties in a case heard in the Magistrate’s Court, before Mr Y. G, Day, iS.M., this morning. Mr S. G. Raymond, K.C., described it as probably the first of its kind. Gordon Twcedie (Mr Malloy) was charged by T. M. Charters. District Repatriation Officer, with making a false representation and wilfully deceiving tiie Repatriation Board. Ho pleaded not guilty. Mr Raymond, who appeared for the prosecution, said that the defendant, a private in the New Zealand .Forces, applied to the Canterbury Repatriation Board-for an advance to purchase a tobacconist's and hairdressesr’s business in Colombo Street, Sydenham. In answer to a printed question regarding experience, he had stated that lie had had eleven years’ experience with \V. Mails, of Cheviot. The facts were that defendant had no experience with Malls or anyone else in a tobacconist's and hairdresser’s business. The hoard, nob knowing this, advanced, to him altogether £179 3s 7d. It soon became apparent that defendant, having no knowledge of the business, and having to employ a hairdresser, would fail in tho business. Later Tweedie sent in a c_>r liiicato from his doctor stating that ho was suffering from neurasthenia, and was not capable of carrying on the business. That was the first the hoard heard of it. Tho board deputed an officer to investigate, and ho found out that Tweedie had no prospect of success. Tweedie was summoned to appear before the hoard, and he subsequently made a full confession to Mr Hobbs, chairman of one of the board’s subcommittees. Tweedie had obtained the goods by false and fraudulent representation. Mr Raymond handed in to the Magistrate a copy of the regulations governing the case. “ This-is, I think, the first case of its kind,” said Mr Raymond. “Tho hoard endeavours to deal generously with returned soldiers. This ease is brought for tho purpose of a warning, and to show that a serious offence is committed towards _ the public and other returned soldiers by such false representation. The hoard does not wish to persecute tho man, but wishes to bring tho facts before the Court. , . It is willing to leave the matter at that.” The Magistrate expressed some doubt as to whether ho was able to inflict a line in lieu of imprisonment, or whether tho case was indictable and one which ho could not deal with. Eventually he decided to go on with it,. Harry Herbert Berry, a dork in the employ of the Repatriation Board, said that about April 19 Tweedie obtained from the hoard’s office a financial assistance form, and later handed it in filled and signed. Tho advances mentioned had been duly made to defendant. After tho doctor’s certificate arrived ho interviewed Tweedie at his shop. Tweedio said that tho man ho employed had gone, ho was unable to got and could not carry on himself. Witness examined Tweedie's returns and daily takings, and found that according to thorn the business had not been paying. When examined by the board Tweedie seemed confused, and incapable of giving anv coherent explanation. When tho stock was sold it realised some £BO. The board had lost about £9O. To Mr Malloy: Tho new purchaser of the business had left without notice, and tho hoard had not yet traced him. Mr Malloy: So it was a very unfortunate speculation for Tweedio to take on? The Magistrate: It ia not a question of whether tho business was* a paying one or not. Mr Malley; Well, I want to show that when defendant took over the business he was hardly responsible for what he took on. Witness, to Mr Malley; The money advanced to Tweedie had all been paid over to wholesale merchants. Just before Tweedio took over the business ho had become married, ho understood. Tho business had been established thirteen years before Tweedie took it over, und could have been earned on by a competent mftn. A married couple had lived on it before. Francis William Hobbs, chairman of ■r. sub-committee of the Repatriation Board, which deals with applications for financial assistance, said that when Tweedie was examined it was found that ho must have been drawing about £lO per week- Tweedie asked witness . to see him in another room, and then 1 rnado a full confession. Ho said the statement about; experience was false. He bad been told by another returned soldier that if he made to the board a statement that ho was competent in some lino of business and gave false names as of people by whom ho bad been employed bo would get an advance to start him in a lino of business. Ho added that ho was a black- , smith, and had never been anything else. Tho board brought tho case as a warning. They did not wish Tweedio to bo imprisoned. To Mr Malley: Special inquiries concerning defendant’s medical record bad been made _ before the action was brought against him. Mr” Malley: Tweedio received concussion at Meteren, and a double wound—(J shrapnel in the forearm and a bullet through Jus right shoulder. He served two years and 169 days, and was. discharged on account of injuries received on active service. You Will not deny that, Mr Hobbs? Witness: Me have no official record <;( those details. Mr Malley: Tweedio tried to get away . with the Main Body, was turned down; i tried to got away with the Sixth Reinforcements, was turned down; tried to get away with the Eighteenth Reinforcements, was turned down, and was eventually passed at Cheviot, and got away with tho Eighteenth Reinforcements. You have no reason to doubt that, Mr Hobbs? "Witness: No. Thomas Murray .Charters, District Repatriation Officer, said that Tweedie had been unable to give him a satisfactory explanation of the finances of Ids business when ho examined him. Constable Holland, of Cheviot, said that defendant had never been employee! by Walls, a Cheviot hairdresser. ’Mr Malloy said ho simply wished to show that defendant went through a great deal of suffering in France, aim that be should bo treated as leniently as possible. The Magistrate: “1 think that under the circumstances defendant hwl nest be convicted and ordered to come up for .sentence when called upon. Tic w ill have fo pay three guineas solicitor’s costs. Are there any witnesses’ expenses?” No claim? by witnesses for casts were pm forward.