WHERE DO FALSE PRETENCES BEGIN?

Westport Times, Volume III, Issue 409, 21 November 1868, Page 4

WHERE DO FALSE PRETENCES BEGIN?

To the Editor of the West-port Times and Charleston Argus. Sir, —As a retail tradesman, and one materially interested in the question involved, I must say that I was as much astonished as alarmed at a recent decision in the Resident Magistrate's Court. A man named Bracken, it appears, went into a shop, called for a supper or whatever it might be termed, ate a hearty one, at the same time boasting that he had money enough to treat aU in the house, and finished up by walking off without payment. The proprietor of the shop had him arrested ; the prisoner was brought before the Bench, and discharged on the strange ground that the prosecutor could not prove that the accused was liable to punishment for having made false representations, though it was shown beyond all question that he obtained the goods by stating he had plenty of money. At the watchhouse he was searched, and no money of any description was in his possession. Surely this is proof—at least presumptive —that he had none when he stated he had. It should, in my huuiblts opinion, have been the prisoner's part to have shown that his statement at the time was true. The value of the goods has nothing to do with the principle involved, but, if our respected Magistrate's ruling is correct, a stranger may walk into the first store in the place, say he has ample means, order some hundred pounds' worth of goods, obtain possession of them, refuse to pay, and walk off scatheless. Whether ton 3 of sugar or less valuable goods are obtained, the principle is the same. This should be a caution to all small traders, but at the same time I cannot help thinking that Dr. Giles, on this occasion, chanced to strain the letter of the law in favor of the rogue rather than of the class whose interests he is more especially expected to guard.—l am, &c, A Retail Trader.