TO STAND TRIAL

Waikato Times, Volume 126, Issue 21043, 20 February 1940, Page 6

TO STAND TRIAL

TWO CHARGED WITH FRAUD INTERVIEW WITH CHRYSTALL INSISTENCE ON BONA FIDES (By Telegrapb.—Press Association) ' WELLINGTON, Monday The hearing was concluded in the Magistrate’s Court to-day of the police case against Harvey Maitland Chrystall and Gordon Percy Aston, who were jointly charged with having conspired, by deceit, to defraud Hartley Roy Sellers (deceased) of sums totalling about £6765. It was the fourth day of the hearing. The accused pleaded not guilty and were committed to the Supreme Court for trial. Bail was fixed at £IOOO, with a surety of that amount, or two sureties of £SOO each. The case was opened before Mr J. H. Luxford, S.M., on Wednesday. Mr C. E. Purchase is appearing for Aston and Mr W. E. Leicester and Mr R. T. Peacock for Chrystall. Interview With Chrystall Detective-Sergeant Murray gave evidence of an interview with Chrystall at Nelson. He also produced a statement signed by Chrystall detailing his connection with Aston and Sellers. The statement said that Chrystall and Aston were associated throughout and he (Chrystall) accepted full responsibility in getting the money for Aston’s patent. Experiments were actually carried out at Tahunanui as stated, according to Chrystall’s statement, witness continued. Experiments with great danger to Aston and himself, accused had said, were carried out on the patent. In the signing of the agreement with Batt for the guarantee of Sellers’ account for £3OOO, Chrystall said he and Sellers were taken completely by surprise by Batt’s insistence that the premium should be £6OOO, instead of £3OOO. Continuing, witness said reference was made in the statement to a cheque handed to Chrystall by Sellers for £l5O and drawn on the Racing Conference No. 2 account. Chrystall stated that Sellers had assured him it was all right and subsequently told him that he had seen his chairman. Accordingly, when Sellers wrote out the other cheque on the same account for £750, accused said to witness, both Chrystall and Aston were completely disarmed. The fact that two further cheques for £l5O and £BO respectively, both drawn by Sellers on the same account, corresponded with remittances by Sellers to Aston of similar amounts was a matter about which he (Chrystall) knew nothing. Referring to his meeting with the Racing Conference executive committee, Chrystall said to witness that he accepted full responsibility for what had occurred, but he did that as much to help Sellers as anything else. Chrystall also stated that while in Sydney in June, 1939, he had completed arrangements so that Aston would have £llsO available In New Zealand to reimburse the Racing Conference, subject to Sellers agreeing to certain conditions.

“Whole Business Bona Fide” All moneys he had received from ®£ d though Sellers, continued Lnrystall s statement, were used in connection with the business. “I want to make it clear that from my own personal knowledge and experience as an engineer the whole business is bona fide,” the statement continued, “and all the matters I represented to Sellers, Batt and others in obtaining finance for the business have been genuine.”

Detective-Sergeant Murray also produced notes on an interview with Aston at Christchurch last December. Witness said Aston was questioned as to the alleged invention and said he had no money transactions with Sellers. He had added that a month before Sellers disappeared he (Aston) had received a clearance showing there was no money owing between him and Sellers. Money Transactions In a subsequent interview Aston told witness that in all the money transactions w:th Sellers and Chrystall he had simply acted as Chrystall’s agent with any money he had received. Aston had denied having said the Awatea had been fitted with anti-torpedo plates at Sydney, and, answering other questions, had replied that he was not prepared to discuss his financial interests in Australia or elsewhere. He could not understand Sellers disappearing, because everything could have been fixed up within 24 hours. Witness added that when Aston was asked whether he did claim to have some contract or arrangement with the British Admiralty he shook his head and said: “I cannot tell you that.” Money traced from Sellers to Aston was, Aston had said, in connection with ordinary business and there was no fraud in anything he had done. Admissibility of Evidence Mr Leicester intimated Chrystall had nothing further to say to the Court at the present stage. Counsel suggested that the Court might formally overrule any objections he had made as to the admissibility of evidence, his reasons being:— The evidence had been published and so far as Chrystall was concerned counsel had no complaint regarding the manner in which the evidence had been published or the fairness of the prosecution. It seemed unprofitable to embark on a discussion of the evidence for the purpose of pressing the objection. Therefore, it did not follow that if objections were allowed at the present, stage the trial Judge would necessarily take the same view or that there would be any substantial gain in pressing the objections. No harm had been done to Chrystall by the publication of the evidence. Gold-making and Tearing Notes Mr Purchase said he wished to associate himself with Mr Leicester’s remarks, and so far as Aston was concerned he was content to leave the matter in the hands of the Court. The only matters to which he felt he had substantial objection, said counsel, were th<?se referring to the gold-making episode in 1928 and to Aston's habit of tearing up banknotes. The first reference was to something said to have taken place many years before anything that could have possibly affected the present case. As to the second objecf