ALLEGED FRAUD.

Gisborne Times, Volume XXVIII, Issue 2746, 26 February 1910, Page 7

ALLEGED FRAUD.

ACCUSED COMMITTED FOR TRIAL

At the Police Court yesterday morning before Mr W. A. Barton, S.M., Patrick Joseph Hofen, carrier and laborer, Gisborne, on remand, was charged by Ch ristopiier Gisborne Piesse, with fraudulently removing on the 9th i ivst., certain chattels, a phonograph, Ifdoz records, aocordeon, lamp, stereoscope, and views, three oil paintings, 11 pictures, a dozen odd ornaments, wire-woven mattress, clothes box, Singer sewing machine, clock, go-cart, and a quantity of bedding, the property of the informant, over which security had been given. Mr ii. T. Burnard conducted the case for the informant and Mr H. J. Finn for the accused.

Christopher Gisborne Piesse, accountant, the informant, gave evidence that on the 13th September, 1909, the accused made an instrument by way of securitv, to the informant. The document produced was signed by the accused. The accused received the consideration stated in _ the instrument. Witness had had previous dealings with the accused, and those were consolidated in the instrument. Under tho instrument the accused was to pay £2 monthly,' payable quarterly, and the. first payment was due in December. Nothing had been paid, and witness ascertained that accused had loft Gisbori'.e. 'Witness, on or about 11th Feb. niai” after the accused had left, went to til© house and found several of the articles in tho instrument were missing. The articles were those enumerated in the charge. Witness had since seen the oil-naintings, a few records, the‘clock, pictures, ornaments and' bedding at t-lie Police Station. They were in the boxes (produced) -which Sergt. Hutton opened for witness. Witness had not examined the articles before, and could not identify them. He did not inspect the house when the security was given, but sent Air J. G. Witty to inspect the articles. To Mr Finn: When the money was lent the agreement was that accused was to pay £2 per month, payablequarteflv. He had had n-evions transactions was accused. About September, 1905, witness was employed by Mr. Lawless. Accused tit that time wanted to borrow £25 and offered a stable as security. Ho obtained the money from Mr Witty. As security witness took a promissory note and an insurance, policy, over the stable. These were in Mr. Witty's name. The promissory note was dishonored when it became clue. When witness found he could not get the amount of the promissory note he paid Air. Witty the money, and had the policy of insurance made over to him-; self. * In July, 1908, the. accused came to witness’ office and said his wife was ill and had to go to Rotorua. On that understanding Mr. Witty lent £25 and received an instrument "(produced) as security over accused’s furniture. The money had been advanced to Air. Witty by a client. Accused did not pay the money, and witness returned the money. The sum was £2B, but only £25 was "lent to accused. The next transaction, about February, 1909, was when accused came to witness and said he had bought,two horses and two sets of harness, and was offered a lot of timber carting, but to do this ho needed a set of leading harness. "VY itness then lent him. £lO and received a promissory note, which was dislionoi ed when clue. Witness had also- guaranteed an account at Adair Bros., to the amount of over £5, and lie had since paid this. These -were all the transactions up to the present one. On September 13th, 1909, the present instrument was again given. At this time accused owed all the sums mentioned, with interest. Witness know at this time that tho former instrument had not boon discharged. Witness did not pay any money to accused on the day the instrument was issued. Accused offered to consolidate everything a.nd took back the stable. Witness did not pay the £73 2s 4d mentioned in the bill of sale in cash. The amount was made up by the- sale of the stable, almut £3O, and the amount owing under Air. Witty’s security.. He did not give cash, but gave value. Witness was aware at tie time that other creditors wore pressing the accused. Accused had been pressed bv his creditors ever since witness knew him. The instrumqnt was signed with the idea of protecting witness’ interest. At- the. time the instrument was given witness asked accused to get his wife to sign the document, but” lie was put off. , r To His Worship: Accused sent- for witness on Saturday last, and he and Mr. Witty went to tho lock-up. They talked the business over. Accused admitted taking the articles- out of the house and selling the sewing machine. He said Air: Dittos bad the phonograph, and that the pictures'would be; of no, rsa to anyone- else. The bedding he took to wrap t-lie pictures in. _Hc had . “•arianeed to let the house partly rurni--shed,”and e-aid that any balance,.after the rent - was' ad ilisted with .Messrs-; Nolan, and Sk'eet, would have been paid over to witness. On the strength ot that the accused asked witness to withdraw the charge. Witness answered, the least accused could have douq v as to have come to him. He also said he would not have taken the action accused had not tried to run away with another man’s wife, but he did it to protect her and the other creditors. John Honrv Gittos,.music-dealer said ■>cens-ccl purchased a phonograph from his shop, on the 12th June, for £9 10s or £9. He paid a deposit of £2. but had paid no more. During October accused told witness the machine was at Anderson’s Bicycle Arcade., and with his permission witness got the machine. Joseph Spencer, second-hand dealer, Gisborne, deposed that on. January 28, accused came to his shop and asked him to come to his house and. see some goods he had for sale. Witness went to the house and purchased a stereoscope and views, a phonograph- liom, a recorder, five disc records, and a go-cart. He. also purchased a sewing machine, but it wa s not delivered, so he did not pay ior 11 Cecil Robert Sheets, builder, Gisborne, said accused sold him a Singer sewing machine, about 29th January. AVirT. Gordon, carrier, gave evidence that he had business dealings with accused. About the 12th inst. he received a letter from the accused. The letter (produced), asked him to look after accused’s Tmsiness as lie had been called away to see Airs. Hofen, who was almost dead. .. , Alexander Hay Ra-e, laborer, said the accused ran away with his (witness ) wife.’ He- received a letter from the accused, and was quite satisfied it was in accused’s bandwriting. (The letter was produced but not read.) 1 he cios-

ing portion was: “I remain, your Superior, present address Sydney.” Continuing, witness said he had never threatened to put accused in gaol. They had been on good terms till Christmas last. Sorgt. Hutton gave evidence that he received certain boxes .(prod-cued) from an Auckland police officer. He also received a dress basket. The boxes were addressed “Airs. Hoff, Passenger to Sydney.” They also had the Union Co.’s label on for Sydney. , The accused’s wife claimed them as her luggage. The boxes wore opened in the presence of informant and Air.. Witty, and the articles in Court were disclosed On Saturday -last accused was handed over to him on a warrant of remand, with £37 odd in money, also some trinkets. They found no ticket on oceused. Janies Rhodorick Witty, accountant, gave evidence that in September 1909, for the purpose of making a bill of salo, lie went to accused’s residence, to make an inventory. On the 17th inst. he was shown the- contents of two boxes at the Police Station. He identified three oil. paintings a®. being included in;the bill of sale. There were other articles exactly similar to those included in the bill "of sale. The sewing machine lie saw at Mr. Sheets, was the same sowing machine as included in the bill of sale. Witness saw accused at the Gisborne gaol on Mon-day last, and told him that lie had been very foolish- in selling the sewing machine. Accused said he thought he would bo able to square it- afterwards. Accused also said ho sold the machine to- Air. Bob Sheet, not Mr. Ralph Sheet, The pictures produced were those ’entered in the bill of sale. Walter Stewart Black, builder, raid the accused sent for liini on the 23rd February, and witness went to the gaol. Accused said that if he (witness) would use his influence to have the charge withdrawn ho would pay their firm full. Asked what security he could give accused said there was certain money held by tho police, and their account would be paid out of this. Witness said this was not possible • , , , To Mr. Finn: He was a party to bavin o* the Hofens arrested. Win S. McC-reedy, managing-clerk for Messrs. Kirk, Burnard. and Sievwright, deposed that the instrument \ was signed in his presence. •His Worship thought that a prama facie case had been made out- by the prosecution. „ Accused pleaded not guilty, mid was remanded for trial at- the next sittings of the Supreme- Court Gisborne. Bail was, allowed in £75 and two sureties ot £25 o- one of £SO. A further charge was preferred against accused of theft on or about the 7th inst, of a Singer sewing machine, two oil paintings,two pictures, a go-cart, one clock, bedding, ornaments, furniture and -phonograph records, the property of Christopher i Gisborne Piesse, " the informant, as mortagoe under an instrument by way of, security, from, the said Patrick Josepn Horen. This and another charge, were nllowed to stand over till this morn--111 Margaret- Hofen, wife of the accused, was charged with aiding and abetting her husband in the removal of chattels, over which security had been given. Air. Burnard said that net evidence would he offered on this charge. At the time it w-as made out, it was thought she was concerned in the case, but although certain evidence might show that- she was aware the goods wei> hdd ‘as •securitv other evidence would point to the opposite. There was no denbt that she had been dominated in- her husband. All Finn wanted the evidence called. as he said there was not the slightostwiisriiciou against- the woman. Eventually she was discharged, Mr. Burnard agreeing to pay any costs that had been incurred by the police.