ALLEGED FALSE PRETENCES.

Gisborne Times, Volume XVIII, Issue 1441, 29 April 1905, Page 3

ALLEGED FALSE PRETENCES.

The Magistrate’s Court wa3 occupied nearly the whole of yesterday hearing the charges preferred against Henry George Lomax, a stock dealer who has recently beon dealing in this district. Mr W. A. Barton, S.M., presided. Accused was oharged, on the information of G. K. •Pasley, accountant, with having on Marob 24tb obtained'£l2o by false pretences, and on March 30th £750 from Common, Shelton and Co. The cases were taken separately. Sergeant McKenzie appeared for the prosecution, and Mr W. L. Rees for the accused, while Mr Stock watched the case on behalf of the firm mentioned. Sergeant McKenzie, in opening, detailed the circumstances of the case,, pointing out that accused had several previous transactions of a satisfactory nature before the present eases. W. B. Common, merchant, was the first witness called. He stated that the accused represented that he came from Australia, where his father was a large sheepfarmer, and he wanted to make a start in New Zealand, purposing to deal in sheep and cattle. He asked the firm’s assistance, stating that he bad a little under £2OO. He wanted to buy stock for re-sale through Common, Shelton and Co. Witness had four or five transactions with accused, and advances were made to accused for the purpose of buying sheep, a lien being given to the firm. A regular debtor and credit account was kept in Lomax’s name. G. K. Pasley, accountant in the firm of Common, Shelton and Co., deposed that he became' acquainted with accused at bis appearing at the main office in February last, and informing him that Mr Common had agreed to do business with him. The first transaction with accused was an advance of £IOO on a line of 499 ewes. Witness bad another transaction with accused about the end of March, the subjeot of the present information. On th 9 24th March accused came into the firm’s office, and stated that there would be a surplus on the sheep passing through the yards that day. Accused stated that he also bad 280 forward storo sheep purchased from Moore, of Tolago Bay, who had agreed to graze the sheep for him for a few weeks. Accused asked witness for an advance of £l2O against the 280 sheep. Witness agreed to the advance, which meant a net advance of £B4 against the 280 sheep. The sheep sold that day were sold at Lomax’s own risk. As requested by accused, witness made the advance by cheque payable to number, and received the following receipt: 24th March, 1905. —Received from Common. Shelton and Co., Gisborne, the sum of £l2O storling, being amount of cheque advaneod against 280 forward store sheep for sale through them on tho 20th April." Accused did not produce the sheep, and witness never saw them. Advances were always made to accused after- the purchase. To the firm’s knowledge advances had never been made ■ -r-Mi -, Lomax was in the habit the firm’s office and stating ~ or sheep he had ssecured, and ,'y’mentioned the price. Not having 'V funds of his own he asked the Satan’s assistance in helping to meet his cheques issued, in payment of the stock, and as there was always sufficient margin and as the firm had agreed to assist him, the firm helped him on receiving full particulars. In all but tho last two advances tho firm took a stampnd agreement. The transactions in which no security was taken were the last two, and this was not done as Lomax promised to come in and give security as soon as he obtained the sheep. He did not come, and the firm had ho security. By the sergeant: What do you mean by saying, ‘‘When the sheep were obtained ? ’’ \ i Witness: As soon as information was 1 supplied to us as to the number of sheep i purchased and the sex. i By His Worship : Y'ou would not have ■ advanced the money to accused if he had > not told you that he had sheep to that i number ? > Witness : Certainly not. > 7. A. Moore, sheepfarmer, deposed that i there’ was another sheepfarmer of the name of Moore, who reaided' in tfie Wigan block, 15 miles miles from Tolago Bay. , Witness was only .14 miles from Tolago. I He knew aocused, and had -do sheep I, belonging to him on March 241 h last.

TinmftT bought no sheep from witness in that month. J. B. Kells, auctioaoer for Common Shelton unci 00., had ksown accused for three or four months. On April 4th he had an interview with Lomax at the Sot Springs Hotel, Morero, "When he got to the hotel he asked Lomax where he was going, and he replied to Wairoa.to look for cattle. Witness then asked if the 2000 sheep which ho said he would have for the 20th April would be at the sale. Lomax replied that they would, and that he would be back in a week. Witness asked acousod if be had actually purchased the 2000 sheep. Lomax replied 1 that he had 2SO fat wethers grazing at Mr Moore’s, Tolago Bay, and that he had purchased 400 wethers from Mr Mills, Tokomaru. On these ho had paid a deposit of £2O. He had sent his drover, Mr Norris, up to take delivery of the sheep. Witness asked how he intended paying for the sheep, and aooused replied that he bad given Mr Norris a oheque to pay for them. Witness asked him if he oould account satisfactorily for having drawn out a very large sum of money from the bank on the Saturday prior to tbe Monday on wbioh the interview took place, and what ho had done with tbe money. Accused stated ho had about £3OO in cosh with him, and the balance which be had drawn out he had paid away for stock. Witness then told him that the firm considered his notions very suspicious. Lomax said if that were so perhaps ho had hotter give witness what cash he had with him. Witness replied that he thought it would be better if he did bo. Lomax then opened his portmanteau and took out a cashbox, unlocked it, and handed witness therefrom a roll of notes, requesting that he should count them. Witness counted the roll, and found that it contained 33 £2O notes and other money, £669 altogether. Lomax stated that he had a balance of £SB in the bank, and at witness’ request gave him a cheque on the bank for that amount. Witness asked for an order on Mr Moore for the 280 sheep, but this accused refused to give, stating that his drover had gone up to get the 400 sheep from Mills’, and was to pick up tbe 280 at Moore’s, Tolago. Witness then left Lomax, and on return to Gisborne handed .the money and oheque to Mr Pasley. The 280 sheep referred to did not come to hand for the Bale on the 20th. On Maroh 23rd accused had referred to a number of fat sheep whioh he said he had grazing at Tolago Bay, and which would be down for the sale on April 20th. Accused did not come back to Gisborne within a week as he statod at Morere. Witness received a letter from accused, dated April 6th, Wairoa, and a telegram later. The letter was received on April Btb. The telegram was dated April lOeb, Christohurob, and was as follows : “Kells, Common,Shelton, Gisborne, Beturning Gisborne week. Order for 2000 sheep. Will fix matters up then, Beply.—H. G. Lomax.” This concluded the evidenoe for the prosecution.

Accused was committed for trial at - the sittings of the Supreme Court at Gisborne next week.

Accused was further charged with obtaining £750 by false pretences. Evidence was given'by Mr W.'-’B, Common, G. K, Paisley, and J. B. Kells. W. B. Willock, accountant, Bank of New Zealand, deposed that accused had an account at their bank, and cashed two cheques on April Ist; One was for £492 and the- other for £lB4 10s. Witness could not say hy whom- they were presented. The £lB4 10s cheque was cashed by nine twenties and a halt sovereign. The larger oheque for £492 was cashed by 24 twenties, a £lO note and two singles. The cheques both boro the signature of H. G. Lomax, who had an aocount at the Bank.

A. a, Beere, accountant, in the employ of Mr John Coleman, Deputy Assignee, knew accused by sight. Ho saw Lomax, on Apriljlst at Mr Colemans office between 9 and 10 in the morning, when aocused asked witness to cash a cheque for him, as he was going out of town, and did not expeot to bo back before the bank dosed. Witness cashed the cheque for accused, who called on’him for the money shortly after 12 the same day. Previous to this, witness had not spoken to the accused. The cbcquo produced was for the same amount as the one witness cashed, £492. When accused came to get the money he offered witness £l-for his trouble in cashing it, which witness refused to accept. W. B. Mill, station manager for Mr Beck, at TokOmaru Bay; met accused about two months ago at Tokomaru, but had no dealings in stock with him. On March 30th last accused did not have any abeep at witness’ place. Witness did not know of any other person in Tokomaru Bay of the same name as himstlf. He had been 15 years at Tokomaru, and if there bad been acosber person of the name of Mill at Tokomaru he was sure to have known 1 im.

G. H. Norris, drover, Gisborne, knew licensed, and had driven sheep for him from January 11th to Maroh 17tb. Lomax had never engaged him to proceed to Tokomaru Bay to get 1054 wethers and 959 owes from Mr Mill’s. He never instructed witness at any time to bring sheep from Mr Moore’s, Tolago Bay. Accused again pleaded not guilty, and was committed for trial at. the Supreme Court nut week. Bail was fixed at £200) uith two au eties at £IOO each.