CO129-535-5 N.I. Brewer- transcript of trial and evidence 1-1-1929 - 31-12-1931 — Page 73

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one of which I have ever had to retract or wished to. From the moment your Lordship ruled these transactions were not cash transactions the verdict was a foregone conclusion, as I had never maintained that they were act- ual cash. I have always maintained, as Mr. Udy phrased "theoretically cash". I have never believed them to be actual cash. Therefore, if, as a point of Law, I was wrong, I cannot plead other than that I knew it was to be false. I qas unquestionably guilty, unless my deduction of Law was correct, I knew these to be false. Also it was wilfully done to this extent that i am barrister and have a certain enthusiasm for Company Law. I produced this tatátory Repert, not as a document to defraud anybody, on the contrary I knew it could defraud no one in the way I handbed it. It was a precedent of my mind, and one worthy to appear someday in a text book. Apparently was wrong, but the Registrar also while disliking my Report, believed it to be legal before sign- ing his name to it. Mr. Ross was unable to say how it should be done and r. Udy believe it to be correctly done. with all these experts, some who disagree and some who agree with me, no one could say in what way it was incorrect.

I camot say khx I have never drawn people's attention to this Statutory Report But I have never drawn their attention to the "eport except as something which I was proud of. I have never drawn anybody's attention to the fact that I have received so much, except that I produced a legal document that was a precedent of which I was by no means ashamed.

Mr. Justice woods

You will realise that I have listened with great patience to what you have said, and i will assur you that the facts which you have set out, as far as they have appeared in the evidence and before the jury, ▲ am fully considering in the decision I am about to give.

A

You stand convicted on the charge of having filed with the Registrar of Companies a Statutory Report in connection with the Anstone Banking Corporation, which contained a statement unitrue in substance and in fact, and which you knew to be untrue. The false statem ment contained in the Report is, as you know, this, that the Instone anking Corporation Limited in respect of its shares issued for cash, had received in cash the sum of $876,750.00 and it appear from the evidence, as you yourself recognised, that the actual cash received on that account, was possibly less than one-tenth of that

sum.

The verdict of "guilty" brought in by the jury was a unanimous vote. It was given after close and careful consideration of the evidence of four days. The trial lasted four days and they listened carefully to the evidence and to everything that was said. And I think it is right that i should say here that, having followed the evidence with them, I myself fully agreed with the verdict, and that verdict is the only possible one justified by the evidence.