Mexborough and Swinton Times October 26 1928
On Account.
Conisborough Painter In Trouble.
Alleged Fraud.
Arthur Clethro (35), painter, of Ivanhoe Road Conisborough, appeared in the Doncaster Borough Court on Saturday on six charges of obtaining money by false pretences. It was alleged that he obtained the money from Doncaster householders on account of contracts to paint their houses, and that the work was never completed. Clethro was committed for trial at Leeds Assizes.
He pleaded “Not guilty,” and was allowed bail.
The Chief Constable (Mr. J. Clayton), suggested that the prisoner had been guilty of systematic fraud on a number of people, and had no intention of carrying out work for which he had contracted. Since his arrest, the police office had been almost inundated with complaints of similar offences.
Prisoner was a master painter. He made a practice of getting into touch with people who owned their own houses and offered to paint their property for a sum. He explained that he had got work in the neighbourhood which enabled him to do it cheaper than it could be done elsewhere.
After obtaining an order prisoner asked the householder to advance him money. In one case £1 was handed over and in another 30s. Prisoner said he was rather short of money and the advances would enable him to buy his paint for cash, and this would help to get the work done cheaper. In the cases where he had been paid, time had elapsed and nothing had been done.
In some instances the prisoner had returned and told the customer he had been ill, or given, some other explanation why he was unable to do the work. He then said he was short of money and asked for a further advance, saying he would get on with the job. Some of the cases had occurred as far back as May 4th but nothing had been done, although in odd cases some paint had been burned off.
The Chief Constable added that in every case prisoner had given a specification of the work to be done, and had given a receipt for the amount received on account.
Evidence was given by Josiah Brown, labourer, of Clarence Avenue, that he or his wife paid prisoner 35s. Joseph Fletcher, retired messenger, ot Hexthorpe Road, said he gave prisoner £5; Joseph Ebb, sawyer, and Albert Henry Axon carriage builder, both of Spansyke Street, that they each gave him 30s. Frank Hill, engine driver, Mansfield Road, and his wife that they gave him 20s.; and Percy Martin railway shunter of Clarence Avenue, that he paid him £3
Witnesses agreed that their complaint was that the work had not been done, and had it been completed they would have been satisfied. The specifications were given on papers containing prisoner s name and address.
Detective-sergeant Wells said when he charged prisoner he said, -Not guilty of intent to defraud
Mr. Dunn said the law of false pretences was probably one of the most awkward to deal with. There were so many acts on the border line. He suggested the six complainants were attempting to make a criminal court into a county court for the recovery of a civil debt. To succeed, the prosecution must satisfy the magistrates there was a false statement on some existing fact, or on a fact which had existed and had induced the people to part with their money. A promise to do something in future was not sufficient.
Such circumstances had been ventilated before the West Riding magistrates, and the man was not called into the witness box, and the case was dismissed. He submitted that it these cases the prosecution failed hopelessly from a criminal point of vIew.