CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 69

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(321 FEBRUARY, 1930

10.30 a.

Kis Lordshiy:

Noel Instone Brevar?.

A.

Yes, my Lard.

68

(3hr, Brewer address the court from the Dock:-)

His Lordshi;

Mr. BreyEZ J

His lordship:

BAT. IKOWON 3

My Lord, have been found guilty on this charge, but to be guilty on this charge may vary from a degree of culpability to one which is littls more than technical. my Lord, there was a considerable mount of evidence which would normally have come out on the second and third counts, dealing on the question as to whether the businsess yas run fraudulently or whether wr, fewer himself was fraudulently inci ised. That evidence was not directly relevant be the question of guilt or no guilt on the first count and was therefore not brought in on the hearing of the first count, but since at de very rekuyak relative as to whether I a guilty or not, i ask, my Lord, that that evidence may be allowed to be adduced before I address your lordship in mitigation of sentence.

I ml granting you a great privilege år. Brewer in hearing you at all, and I don't propose that the matter you have sug ested should be nude public. if you wish to speak I will not

prevent yoll.

You will heer me speak?

Yes.

But you will not permit that evidence to be Kiven. wali my bord, i an addressing your Kordship on the grounds that my culpability in this crime is not great. The statutory Report which i knowingly and willfully caused to be published, wnion has been declared to be false, was not printed or circulated publicstly. The point which i am going to try to make out, is that itwas not done fraudulently or will- fully. The Statutory report itself was type- written, not printed and only enough copies were made, were produced, to circulate one to each shareholder, one for the Company's file and one to the Registrar of Companies. The copies sent to sharehoïders deceived nobody. The shareholders were all parties to the letter of application loans and knew the method adopted If they had any doubt they had ample opportunity to querry the nature of the deposits. actual amount of cash in the possession of the firm was clearly stated in the statutory Be- port es $40,000.00. The copy sent to the Registrar oould have deceived nobody.

The

It

could not have deceived the Registrar, because he, himself was fully aware of the nature of the