Thanks to online commenter Clive (who was at a screening of the Somerton Man documentary in Glenelg a short time ago), we now know that “Ronald Francis” (in whose car the Somerton Man’s Rubaiyat was found) was in fact Dr Douglas Buxton Hendrickson of 13 Pier St, Glenelg. The information (announced by Derek Abbott at the showing) appeared online on Gordon Cramer’s blog, where it rapidly accreted additional notes courtesy of Byron Deveson and others.

Here’s a picture of Dr Hendrickson from 1950 (found by Clive in Trove):

We know a little more about his (non-medical) interests from this 1944 article:

DR. D. B. Hendrickson’s election to the Glenelg Council for St. Leonard’s Ward comes at an appropriate time, for it is just 105 years since his great-grandfather, the late Mr. John Lawrence) landed from Holdfast Bay at St. Leonards after a voyage from Fifeshire (Scotland). At 34. Dr. Hendrickson is the youngest member of the council. He is a brother of Lyndall Hendrickson, the violinist. He learned the piano for 18 months, when a boy. but says he then became lazy. There was certainly no sign of laziness about him in the boxing ring. A fine amateur boxer, he not only won his Adelaide University blue for boxing, but also displayed great gameness in the ring.

Other hobbies include debating, horse riding, surfing, fishing, and stamp collecting.

Dr Hendrickson’s Timeline

* 18th February 1911: born in Balaklava, South Australia.
* 15th June 1933: Married Eileen Ivy Schurgott at Claremont, South Australia
* Dec 1941: Divorced
* 25th July 1942: Married Doris Arculas Arculus Davis at Perth, WA
* 23rd September 1979: Died Adelaide

From this, it was immediately clear that Gerry Feltus (who was assigned the Somerton Man cold case after 2000, The Unknown Man pp.11) could not have interviewed Dr Hendrickson (who had died in 1979). So it seems a reasonably safe bet that it was not Hendrickson himself but rather Hendrickson’s brother-in-law with whom Gerry Feltus had talked (The Unknown Man pp.104-105). However, Dr Hendrickson had two younger sisters…

* Cynthia Elizabeth b. Gilbert, SA in 1914. (Died 7th April 2008 at Holly Residential Care, Adelaide.)
* Lyndall Maud b. Gilbert, SA in 1917.

…and hence two brothers-in-law…

* Cynthia married Sgt. John Hurst in March 1945.
* Lyndall married Surgeon-Lieut. Graeme Robson, son of Lieut.-Colonel and Mrs. O. W. E. Robson, of Mosman.

There’s a nice picture of (the very talented violinist) Lyndall Hendrickson from 1942 here:

It was reported before Lyndall’s marriage in 1946 that she planned to move to England to continue her musical career there. So… might she still be alive and living in Penzance in Cornwall (at the tender age of 101)? It’s possible.

Two Hendrickson Car Stories

Here’s the first one from 1946:

Car Licence Suspended For an Hour

One hour’s disqualification from driving his car was imposed by Mr. Coombe, S.M.. in the Adelaide Police Court today on Dr. Douglas Buxton Hendrickson, of Pier street, Glenelg, who pleaded guilty to a charge of having driven his car at Adelaide on November 2 while it was uninsured.
In addition to the disqualification he was fined £5.
For having on the same day driven his motor car while it was unregistered he was fined £1 with 10/ costs.

MINIMUM REDUCED

Mr. Coombe said that he would not have ordered any disqualification in this case had he the power to do so. However, he could reduce the minimum term of three months.
Dr. Hendrickson told the court that owing to the pressure of work during the recent measles epidemic he had overlooked the matter of the renewal of his car’s insurance and registration.
When he was stopped by motor traffic police at 11.45 a.m. on November 2 he was returning from the city, where he had been to collect measles serum.
“If my licence is suspended for any great length of time I will find it difficult to carry on my practice without inconvenience to my patients.” said Dr. Hendrickson.

Mr. Coombe said that there were special reasons why, in this case, he had decided to reduce the minimum fine and term of disqualification.
Mr. J. L. Travers appeared for Dr. Hendrickson.

And (on a lighter note) here’s the second one from 1941:

Girl Charmed A Snake; Can’t Get Rid Of It.

MISS LYNDALL HENDRICKSON, TALENTED YOUNG ADELAIDE VIOLINIST, IS SORRY NOW THAT SHE CHARMED A PYTHON.

It followed her into a car at Whyalla, when, for a bet, she charmed it with her violin music.

She had to return to Port Augusta with the python a 6½ft. pet of a Whyalla storekeeper — behind the back seat.

It was still there the next morning. The owner wants it back alive, so, if Miss Hendrickson can’t charm it out of the car with her violin, part of the car will have to be dismantled.

(Lyndall had another snake-related story reported here.)

While trawling through the dear old Adelaide Advertiser’s Law Court section for the weeks following the Somerton Man’s death (where cases from Adelaide Juvenile court were occasionally reported), I found the following story about interstate car crime, which I wanted to keep a copy of on the blog.

Interstate Men Charged

Two interstate men — Aubrey Whittle, 26, mechanic, of no fixed abode; and Leo Walsh Meyers, 22, interstate transport driver, of Southy street, Elwood, Victoria — were charged on two counts involving a sedan motor car which had been stolen from Melbourne. A third interstate man — Maurice Gleeson, 22, seaman, of Bay street, Port Melbourne — who had allegedly been in company with Whittle lately, was charged with having had insufficient lawful means of support.

Whittle pleaded guilty to having unlawfully had a motor car in his possession on November 18 without the consent of the owner, Milton Trisler, of St. Kilda, Victoria; and on the same occasion illegally used the car without the consent of the owner.

He was imprisoned for six months on each charge, to be served concurrently. He had admitted 12 previous convictions. Meyers, who had pleaded not guilty to two similar charges, was acquitted, and discharged.

AFP Hender, who prosecuted, said that Trisler’s car had been stolen from his home at St. Kilda. Several days later, it was alleged, Whittle and Meyers had taken the car to a garage at the rear of the Centralia Hotel, North terrace, Adelaide, and asked the proprietor to reduce the car. Before this could be done, defendants collected the car, took it out to a secondhand dealer at Payneham and sold it for £600, receiving £150 in cash and a cheque for £450. Defendants had stayed at the Grosvenor Hotel, North terrace, and after they had left, a maid had found two car number plates from the stolen car wrapped in newspaper in a drawer in the room.

HAD LOADED PISTOL

Meyers was also charged with having unlawfully had a pistol in his possession on November 18, which was reasonably suspected of having been stolen; and on the same occasion had an unlicensed pistol in his possession. He pleaded not guilty to the unlawful possession charge and it was dismissed.

He pleaded guilty to the second charge and was fined £25, with 7/6 costs, and the pistol was confiscated. He admitted three previous convictions, including one for a similar offence.

PCC Bartlett, in evidence, said that he questioned defendant outside the Centralia Hotel on November 18 concerning a stolen car. He searched defendant and found a loaded pistol in his pocket. When asked whether he had a licence, defendant broke away and was not recaptured until there had bern a long chase through the yards of the Adelaide Railway Station.

Gleeson pleaded not guilty to having had insufficient lawful means of support on November 18, but was found guilty and imprisoned for two months. Admitting that he gave a false name and address to Detective Harper on the same occasion. Gleeson was imprisoned for 14 days. He admitted eight previous convictions. Detective Harper, in evidence, said that he questioned Gleeson outside the Centralia Hotel and asked him whether he knew Whittle. Gleeson replied that he had been “knocking about with him” for some days. He had deserted from the vessel Dalby at Port Adelaide several weeks ago, but did not have a job.

To my eyes, Sir Arthur Conan Doyle left two quite distinct legacies. The first, of course, was Sherlock Holmes, his searingly-flawed-but-unstoppably-insightful detective, whose long shadow still hangs over the entire detective fiction genre, 130+ years after A Study in Scarlet.

Yet the second was Conan Doyle’s literary conceit that one can combine wide-ranging observation with pure deduction (as opposed to merely providing a convincing scenario) so powerfully that it can completely reconstruct precisely what happened in cases of murder – which (with all legal caveats for accuracy) would need to be “beyond reasonable doubt”.

The first is fair enough, but the second… has a few issues, let’s say.

“Whatever Remains…”

“How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth?” said Holmes in The Sign of Four, H&W’s second novel-sized outing. (Conan Doyle reprised the quote in the short stories The Adventure of the Beryl Coronet and The Adventure of the Blanched Soldier). Arguably one of the most famous Sherlock Holmes lines, this appeals not only to Holmes’ ultimate power of deduction, but also to his implicit omniscience.

Inevitably, this is precisely what the Rational Wiki’s Holmesian Fallacy web page skewers so gleefully, which itself is no more than a nice summary of numerous articles all arguing the same basic thing: that because Holmes could not possibly have conceived all the possible explanations that fitted a given case’s facts and observations, he could not have eliminated all the impossible ones.

Deduction by elimination is OK for maths problems (which are constrained by the walls of their strong logical structure), but it’s far from satisfactory for murder. My best understanding is that proof of murder is now far more often to do with demonstrating a direct forensic connection, i.e. proving a direct evidential connection between a victim’s death and the accused. Once this link is made, proving the precise details is arguably less important: that such a link has been made at all is normally enough to tell the lion’s share of a story beyond reasonable doubt.

All of which would be no more than a legalistic literary footnote for me, were it not the case that in (I would estimate) the majority of unsolved cipher theories, this kind of specious argument is wheeled out in support of the theorist’s headline claim.

Can we ever eliminate all the other possibilities in our search for the historical truth, thus rendering our preferred account the last Holmesian man standing? The answer is, of course, no: but in many ways, even attempting to do this is a misunderstanding of what historical research is all about.

Instead, once we have eliminated those (very few) hypotheses that we can prove to be genuinely impossible with the resources available to us, we then have to shift our focus onto constructing the best positive account we can. And we must accept that this will almost never be without competitors.

“The Curious Incident”

Gregory (Scotland Yard detective): “Is there any other point to which you would wish to draw my attention?”
Holmes: “To the curious incident of the dog in the night-time.”
Gregory: “The dog did nothing in the night-time.”
Holmes: “That was the curious incident.”

According to Holmes, “I had grasped the significance of the silence of the dog, for one true inference invariably suggests others….Obviously the midnight visitor was someone whom the dog knew well. It was Straker who removed Silver Blaze from his stall and led him out on to the moor.”

The “curious [non-]incident” (i.e. one that really should have happened but failed to occur) is, according to this legal blog, the piece of Holmesian reasoning most often cited in court. [e.g. “Appellate Court of Connecticut cited in its recent opinion in State v. Rosado, 2012 WL 1003763 (Conn.App. 2012), to answer a hearsay question.”]

In lots of ways, noticing the absence of something is a trick that requires not only keen observation, but also a curiously un-Holmesian empathy for the rhythms, cycles, and sequences of human life. There are forensic voids (e.g. where a removed body covered a blood spatter pattern, as just about any viewer of CSI would know), but behavioural voids? Not so easy.

The Somerton Man

All of which brings me round to Australia’s curious incident of the Somerton Man. What would Sherlock Holmes have made of a death scene riddled with so many voids, so many geese that failed to cackle, so many dingoes that didn’t howl?

Naturally, the biggest absence is the lack of any identity, followed by a lack of a definitive cause of death (though the coroner put it that the death was not natural [Feltus, Ch.10]), along with a lack of any preceding timeline for the man. Beyond these ‘macro-absences’, however, there are numerous micro-absences, all of which would surely have been grist to Holmes’ mental mill:

* Overcoat but no hat
* Tickets (one used, one unused) but no money
* No wallet
* No ration card
* Absence of dirt on his shoes
* Absence of vomit on his clothes or on the beach (despite blood in his stomach)

A particular suitcase (that had been left at Adelaide Railway Station on the morning before the man’s death) then appeared as potential evidence. Once it had been strongly linked with the dead man (thanks to cotton thread), it offered an additional set of absences to puzzle over:

* No shoes (apart from the pair he was wearing)
* He had five ties but no socks (apart from the pair he was wearing)
* Air mail blank letters and six pencils but no inkpen or ink, and no received letters
* Identifying marks (“Kean”, “Keane”, “T Keane”) that led the police investigation nowhere
* Places where Labels attached to a shirt and to the suitcase itself (?) had been removed
* No medicine of any sort (yet the dead man had a significantly enlarged spleen, so one might expect him to have been to a doctor or hospital not long before)

I’ve previously blogged about the “T Keane” marks, arguing that these might well have been donated to charity following the death of local man Tom Keane in January 1947: and separately that the slippers (which were the wrong size for the dead man’s feet) and dressing gown may have been given to him by the local Mission to Seamen (Mrs John Morison was probably the Mission’s hospital visitor). But this is a thread that is hard to sustain further.

I have also blogged about the Somerton Man’s lack of socks, something which vexed Somerton Man blogger Pete Bowes several years back in a (now long-removed) series of posts. I once tried to link these with the rifle stock mysteriously left by young Fred Pruszinski on the beach in a suitcase with lots of socks. Derek Abbott in particular has long been fascinated by what story the absence of socks may be trying to tell us, so perhaps there are more pipes to be smoked before this is resolved.

No Vomit, Sherlock

If this was a setup for a Conan Doyle short story, Sherlock Holmes would surely have pointed out that because the lividity on the dead man’s neck was inconsistent with his position laid on the beach (regardless of alternative explanations Derek Abbott might construct) and there was no vomit at the scene, he most certainly did not die there. And while the absence of a wallet would normally line up with a robbery, the body’s was clearly not so much dumped on the beach as posed, cigarette carefully put in place.

All of which Holmes would no doubt class as wholly inconsistent with any suggestion that the person or persons who did that was/were random muggers. Rather, this was a person who died elsewhere (and who Holmes would perhaps speculate had been laid out horizontally on a small bed post mortem, with his head lolling backwards over the edge), and whose wallet and money (and indeed hat, it would seem) were all removed before being carried to the beach [Gerry Feltus’ “Final Twist” has an eye-witness to a man being carried onto the beach, Ch. 14].

Holmes’ next waypost would be the absence of dirt on the man’s shiny brown shoes: having left his shoe polish in his suitcase, he would surely have been unable to shine his shoes in the time between the morning and his death in the night. And so I think Holmes would triumphantly complete the story told by the lack of vomit: that in his convulsions prior to death, the dead man’s vomit had surely fallen on his hat and shoes, and that someone else – dare I say a woman, Watson? – had cleaned the shoes prior to the man’s being carried off to the beach for his final mise en scène. And though he had eaten a couple of hours before his death, there was no trace of his eating out (another behavioural void to account for): he must therefore have spent some time that evening in a house with a man and a woman, eating with one or both of them.

So: they must have known him, or else they would not have cleaned him up in the way they did: yet they must not have wanted to be linked to his death, for they attempted (unsuccessfully, it has to be said) to stage a mysterious-looking death scene for him, one that would have had no physical connection to them (a pursuit which they were more successful in).

Did those people place the “Tamam Shud” scrap of paper in his fob pocket, as part of their dramatica staging? Holmes would surely think not: whatever its relation to the Rubaiyat allegedly found in the car around that time was, that was surely a separate story entirely, one quite unknown to them. And the car would form the centrepiece of an entirely separate chapter to Conan Doyle’s short story, one perhaps enough to tempt him to draw it out into a novella-sized accoun.

“The Case of the Missing Socks”

Finally, what of the missing socks? Sherlock Holmes would, I think, have first pointed out a sock-related mystery not previously noted elswehere: that even though the dead man’s suitcase had two pairs of Jockey underpants (one clean, one used) it contained not only no socks but no dirty socks either. In what circumstances would a man have dirty underwear but no dirty socks?

Hence once you have followed all the preceding Holmesian logic through, the three pipe problem that remains is this: why would someone walk around Glenelg with a pair of dirty socks, and not leave them in their suitcase back in Adelaide? Or, rather, why would someone travel with three pairs of underwear but only a single pair of socks?

For Holmes, the idea that the dead man would have carried anything around in smelly socks would be nonsensical. So I think the only conclusion the great fictional detective could have come to – having eliminated all he considered impossible – was that the dead man had arrived in Adelaide with something wrapped up in his spare pairs of socks in his suitcase – i.e. that he had brought spare socks with him, but that he was temporarily using them for a different purpose. He had therefore been able to change his underwear that morning but not his socks (because they were being used): moreover, Holmes would have said while tapping his pipe ash out, because the man was expecting to change into his spare socks later, he was without any doubt expecting to deliver what was wrapped up those socks to its destination during that day, and in doing so retrieve his socks.

But Holmes, Watson would ask, what was he carrying in those socks? Rolls of money, perhaps?

At this, Holmes would shake his head: my dear Watson, he would reply, this was not a man of money – his suitcase contents tell stories of ordinary life, of difficult times. He could not have been carrying anything bulky, or people would have noticed: it must have therefore been something valuable on the black market yet carryable beneath an overcoat on a train, bus or tram – and if so, why wrap it in socks for any reason apart from disguising its iconic shape? Hence, having eliminating all the impossible – as I so often do – the only object it can have possibly been was… a rifle fore-end.

My goodness, Holmes, Watson would reply, I do believe you have astounded me yet again. Derek Abbott was right: I shall have to call this The Case of the Missing Socks when I write it up in years to come. And… what of Fred Pruszinski?

What of him indeed, Watson…

“Whatever Remains…” (revisited)

From my perspective, I can see how Holmesian reasoning can almost be made to work: and I would argue that in the otherwise baffling case of the Somerton Man, the kind of short story reasoning I lay out above is just about as connected a positive account as can be genuinely fitted to the evidence. Had the Somerton Man brought something into Adelaide wrapped in his spare socks, expecting to deliver it during the day? It’s a good yarn, for sure, one that could easily be shoehorned into the Holmes and Watson canon. And, moreover, The Case of the Missing Socks does justice to pretty much every aspect of the case, both found and absent.

And yet, a small amount of prodding around the edges would surely display its many cracks and holes: it all remains no more than a story. We lack evidence: and ultimately it is evidence that persuades, evidence that proves, evidence that convicts. Reasoning from that which isn’t there and from that which did not occur all the way to that which did happen is a perilous argumentative tight-rope, a place surely only well-paid QCs and conspiracy theorists would feel comfortable balancing on.

As for me, I’m only comfortable writing this all up under cover of a Sherlock Holmes-themes blog post: but right now, perhaps building on a long series of absences to assemble this kind of novelistic take is as good as we can get. :-/

A little while back, I became aware that “The Unknown Man” – which I consider to be the #1 factual account of the Somerton Man cold case / Tamam Shud mystery – was about to be republished in ebook format, and so I asked Gerry Feltus for some more details to share with you. What I thought Cipher Mysteries readers would be particularly interested in was whether he had made any changes to the original print version (which came out way back in 2010).

Incidentally, here’s a nice photo of Gerry in action, taken from this family website:

Gerry kindly emailed me back a few days ago, saying:

I didn’t make any great changes apart from identifying and providing details relative to the nurse and her husband. I am aware that their identities were continuously produced on web sites, but people who purchased my book don’t all follow web sites so it is only fair that they also have access to the details.

There’s a little more detail on his News page.

Simply The Best

Since “The Unknown Man” first appeared in print back in 2010, I have continuously recommended it to prospective Somerton Man researchers as their very best first port of call. The only possible objection international researchers could have was the (still shockingly high) cost of postage from Australia, a pox to which ebooks are thankfully immune. So the ridiculous situation where people write articles, posts or even papers about the Somerton Man that fail to cite “The Unknown Man” should now hopefully be a thing of the past: it remains the core of any good Somerton Man bibliography.

For me, what is so good about Gerry’s book is that he sensibly restricts it to the pure factuality of the case, for it should be obvious that reporting all the facts in a clear and well-structured way is an amply hard enough challenge on its own. Having said that, even though this approach leaves plenty of room for other books to explore the various hypotheses in more detail, these sadly remain unwritten. Maybe one day, who knows?

Frustratingly, there are still a few details of the case hidden under pseudonyms in “The Unknown Man” which have yet to become public, most notably the real identity of “Ronald Francis” (in the back of whose car the Rubaiyat with the torn-out “Tamam Shud” was found in late 1948) and even the real make of Francis’s car. But perhaps these will emerge into the light before too long… here’s hoping, anyway. 😉

PS: if you haven’t already read “The Unknown Man”, go away and read it now!

Here are some photographs of Glenelg and Somerton circa 1948 I’ve found along the way, that I thought some of you might like.

Glenelg Pier

On a post on his travel blog, John Pedler included three nice images of Glenelg Pier, all courtesy of Holdfast Bay History Centre photographic collection. The first two were taken in 1935 and 1936 respectively, and show the jetty aquarium:

The third image shows the pier after it was destroyed by a storm in April 1948: it was rebuilt (a little shorter) in 1969.

The Crippled Children’s Home

The State Library of South Australia holds many images of old postcards and photographs: one series was taken at the Crippled Children’s Home in 1948. The first image shows the building itself:

The second image shows some children on the beach, which must surely be Somerton Beach, right?

By way of comparison, the image from the Unredacted article looks like this:

Rubaiyats A-Plenty

If you haven’t already picked up on this, the irrepressible Barry Traish (surely the Duracell bunny of Somerton Man researchers) has recently done some digging on George Marshall’s Rubaiyat, and is now certain that it was not a false imprint. So here’s a nice collection of Rubaiyats from the post outlining his findings:

Other Images

This image of Chapman’s delicatessen in the 1940s is on sale on eBay, feel free to buy it if you like. I doubt they sold pasties, but who can tell?

Here’s a double decker bus of the era (I believe), courtesy of the Advertiser’s Adelaide Now site:

I’ve had a dissatisfying, rubbish day today: but given that every day I’ve previously had that involved some kind of interaction with Stephen Bax had been a bad day, perhaps there should be no element of surprise involved.

Bax To The Future

In the case of the Voynich Manuscript, there are at least ten reasonable arguments I can see (even if I happen to disagree with all of them) for a linguistic reading: what frustrates me so much about Bax is that the arguments he puts forward aren’t any of them (or even close to them). Hence he inevitably finds the best form of defence is attack: and given that I’m just about the only person not fawning over him, guess who gets attacked?

Frankly, I’d rather stick flaming needles under my fingernails than experience any more of his wit, wisdom, and whatever in the absence of any effective moderation: so goodbye to voynich.ninja it has to be, sorry.

Doubt With The Old

Of course, Bax himself isn’t the root cause of all this: the real problem is that almost all genuine Voynich experts seem to doubt the depth of their confidence in what they know, and so choose silence over confrontation, no matter how foolish the provocation or how malformed the argument.

Yet even though I’ve been saying for over a decade that we now do know enough to take a principled stand against Voynich pseudoscience, pseudohistory, pseudolinguistics and enigmatology, it’s been a long wait for anyone to show any kind of solidarity with this point of view.

I therefore note with great interest that Rene Zandbergen has recently – after a decade of Rich SantaColoma’s incessant possibility-based argumentation – put up a page dismissing the modern hoax theory. This is, in my opinion, a huge milestone in Voynich discourse: but whether Rene or others will follow up with similarly comprehensive rebuttals of Rugg, Bax et al remains to be seen. When all you can see are vipers, where’s theriac when you really need it?

Dead Drunk On The Beach?

Cipher Mysteries readers will probably see a lot in common between the above and what passes for debate in The Somerton Man world. Even the straightforward disproof of the whole microwriting claim seems to have been overlooked by all the loudest shorts at the poolside: so please excuse me if I sip my Camilla Voodoo elsewhere.

Anyhoo, given that most historical-cipher-inspired songs seem happy to look no further than the Voynich’s surreality, today’s aural treat-ette for you all is a song from South London’s own JerkCurb called “Somerton Beach” (review here), where the wobbly guitars try to capture a kind of alcoholic pre-death haze. Which is nice, if oddly apposite, though I couldn’t easily explain why.

Having now reread Ian Pfennigwerth’s “Man of Intelligence” and gone through various files at the NAA, I now have slightly more solid dates framing what Captain Nave was doing in 1949.

Nave’s Career

Having started work in the South Australian Railways (where his father Thomas worked), Eric Nave signed up for the Royal Australian Navy in 1917. He stayed there until 1930, when he was moved to the Royal Navy.

However, Nave’s RN personnel file is not only fairly brief (he was cheerful and intelligent), but only runs to 1948.

A large proportion of the papers in his NAA ASIO file relate to his pension, because his Royal Navy pension was not transferable to his wife. Because the Naves had four children, this issue required a fair bit of administrative attention. Redactions are merely senior officers’ names.

I incidentally found out that Nave owned a Holden sedan, and that his parents lived at 5b Arlington Terrace, Allenby Gardens, Adelaide.

Captain Nave’s 1949 Timeline

From the papers in the files, we can say definitively that Captain Nave: [page numbers from the ASIO file NAA: A6119, 3576]

* finished formal work with the RN in March 1949 (p.80)

* was allocated to the Terror “18.3.49 for dispersal” (Navy service record)

* had 160 days of untaken / carried over holiday (Pfennigwerth), though the Navy service record says “48 days N.S.L.  28 days E.O.W.L.  56 days release + RAN F.S.L.”

* was courted by ASIO as early as 13th May 1949 (p.87)

* officially retired on 22nd August 1949   (when his pension started) (pp.30-31)

* started with ASIO on 20th October 1949  (pp.30-31)

All of which means that Adelaide-born-and-bred Captain Nave was still (technically) in the Royal Navy in July 1949, when the Adelaide newspapers reported that a “local Navy decoder” was having a look at the Rubaiyat.

Are any of his children still alive?

In July 1949, Australia’s greatest code-breaker Captain Eric Nave was enjoying his 160 days of accumulated holidays before starting a new job with (the newly formed) ASIO on 15th December 1949. I suspect he was at his house in Adelaide Melbourne at the time, but asked over by his father in Adelaide, where he had lived until early on in the war.

Hence I strongly believe that the “local naval decoder” referred to in reference #4 below was Eric Nave. I would be delighted if anybody has suggestions as to how this could be tested or pursued further in the archives.


(1) The Adelaide Advertiser, 26th July 1949, p.3

Yesterday the police interviewed two suburban telephone subscribers whose numbers corresponded with those on the back of the book, but they knew nothing of the matter.

(2) Adelaide News, 26th July 1949, p.1

BODY MYSTERY DEEPENS
Phone number found on cover of book

[…]The woman whose telephone number appears in pencil on the cover of the book told police that when she was nursing at North Shore hospital in Sydney about three and a half years ago, she gave a similar copy to a lieutenant who served in the Water Transport section of the Army.

Later, she said, the lieutenant wrote to her mother’s home in Melbourne. She replied to his letter, telling him she was married.
Subsequently, the woman told police, she and her husband settled in Adelaide. Last year a man called at the house of a neighbor, inquiring for a nurse he once knew.

This afternoon the woman is being shown the plaster cast of the Somerton victim, which is now in a storeroom at Adelaide Museum.

Acting on the possibility that the “Rubalyat” in their possession did belong to the lieutenant, police set out to decipher a number of block letters pencilled on the back of the book.

Although the lettering was faint, police managed to read it by using ultra-violet light. In the belief that the lettering might be a code, a copy has been sent to decoding experts at Army Headquarters, Melbourne.

(3a) The Adelaide Advertiser, 27th July 1949, p.1

Army Officer Sought To Help Solve Somerton Body Case

[…]The police have also forwarded to Army Headquarters, Melbourne, a copy of a series of letters printed in pencil on the back of the book. They believe that it is possible that the letters may be some coded message. Police located the woman from a telephone number, also written in pencil on the back the book.[…]

(3b) Adelaide News, 27th July 1949, p.1

Yesterday police traced a telephone number pencilled on the cover to the Adelaide woman who gave a similar copy of the book to the Army lieutenant.

Efforts to decipher several rows of block letters, believed to be a code, on the back of the book are continuing. A Navy “code cracker”, is tackling the task this afternoon.

(4) Adelaide News, 25th August 1949, p.22

NAVY EXPERTS COULD NOT CRACK CODE

Police were told today that Australia’s top cipher experts had failed to crack the code in the back of a copy of Omar Khayyam’s “Rubaiyat’ believed to be connected with the Somerton body mystery.

A naval spokesman said experts in Melbourne had worked on the code for weeks. Melbourne authorities had informed him that the frequency of the occurrence of letters, while inconclusive, corresponded more favorably with the table of frequencies of initial letters of words in English than with any other table.

A reasonable explanation would be that the lines were initial letters of words of a verse of poetry or something like that.

Before a copy of the code was sent to Melbourne, a local naval decoder expressed similar views.

The code, printed in pencil in the back of a copy of the “Rubaiyat” from which the words “Tamam Shud” – meaning “The End” – were torn, was thrown into the back of an unattended car at Glenelg about the time the body of an unknown man was found on Somerton beach on December 1, 1948. In the clothing on the body was a neatly trimmed piece of paper with the words “Tamam Shud.”

(5) Adelaide News, 27th August 1949, p.2

Many try to solve Somerton code

[…]Expert opinion is that the code was made up of initial
letters of words from a verse of poetry or something similar.

The code is:
M R G O A D A B D [sic]
M T B I M P A N E T P
M L I A B O A I A Q C
I T T M T S A M S T G A B

Vic. man’s claim

Melbourne. – A former newspaper seller, Mr. Ernest Jessup, of Caulfield, thinks he may have solved part of the code.
This is how he worked it out:
MRGOADABD [sic] – Mr. Goddard
MTBIMPANETP – Pantryman(?).
MLIABOAIAQC – Mail-boat-AQC (AQC, A class quarters?)
ITTMTSAMSTGAB.
Mr. Jessup believes this hides the name of a ship – his guess is an Indian ship.

Apart from the case of the Somerton Man, has any other police investigation ever revolved around a book left in a complete stranger’s car? Personally, I’d be surprised: this seems to be a unique feature of the whole Somerton Man narrative.

But what, then, of the obvious alternate explanation, i.e. that the Rubaiyat was in the car already? For all the persuasive bulk the dominant explanation has gained from being parroted so heavily for nearly seven decades, I think it’s time to examine this (I think major) alternative and explore its logical consequences…

Gerry Feltus’s Account

To the best of my knowledge, Gerry Feltus is the only person who has actually talked with the (still anonymous) man who handed the Rubaiyat in. So let us first look at Feltus’ account (“The Unknown Man”, p.105) of what happened at the time of the Somerton Man’s first inquest when the police search for the Rubaiyat was mentioned in the press:

Francis [note: this was Feltus’ codename for the man] immediately recalled that his brother-in-law had left a copy of that book in the glove box of his little Hillman Minx [note: not the car’s actual make] which he normally parked in Jetty Road. He could not recall him collecting it, and so it was probably there. He went to the car and looked in the glove box – yes, the book was still there. To his amazement a section had been torn out of the rear page, in the position described by past newspaper reports.

“Ronald Francis” then telephoned his brother-in-law:

Do you recall late last year when we all went for a drive in my car, just after that man was found dead on the beach at Somerton? You were sitting in the back with your wife and we all got out of the car, the book you were reading, you put in the glove box of my car, and you left it there.

To which the brother-in-law replied:

No it wasn’t mine. When I got in the back seat, the book was on the floor; I fanned through some pages and thought it was yours, so when I got out of the car I put it in the glove box for you.

A while back, I pressed Gerry Feltus for more specific details on this: though he wouldn’t say what make of car the “Hillman Minx” actually was, he said that the man told him that the book turned up “a day or two after the body was found on the beach, and during daylight hours“. Gerry added that “Francis” was now very elderly and suffering from severe memory loss. Even so, he said that “I have spoken to Francis, his family and others and I am more than satisfied with what he has told me“.

Finally: when “Francis” handed the Rubaiyat to the police, he “requested that his identity not be disclosed”, for fear that he would be perpetually hounded by the curious. Even today (2017) it seems that only Gerry Feltus knows his identity for sure: though a list of possible names would include Dr Malcolm Glen Sarre and numerous others.

Newspaper Accounts

All the same, when I was trying to put everything into a timeline a while back, I couldn’t help but notice that Gerry’s account didn’t quite match the details that appeared in the newspapers at the time:

[1] 23rd July 1949, Adelaide News, page 1:

[…] an Adelaide businessman read of the search in “The News” and recalled that in November he had found a copy of the book which had been thrown on the back seat of his car while it was parked in Jetty road, Glenelg.

[2] 25th July 1949, Adelaide Advertiser, page 3:

A new lead to the identity of the Somerton body may have been discovered on Saturday when Det.Sgt. R. L. Leane received from a city business man a torn copy of Fitzgerald’s translation of the Rubaiyat of Omar Khayyam said to have been found in his car at Glenelg about last November, a week or two before the body was found.
  The last few lines of the poem, including the words “Tamam shud” (meaning “the end”) have been torn out of the book.
  When the body was searched some time ago a scrap of paper bearing the words “Tamam shud” was found in a pocket.
  Scrawled in pencilled block letters on the back of the cover of the book are groups of letters which appear to be foreign words and some numbers.
  These, it is hoped, may be of assistance in tracing the dead man’s identity.
  The business man told Det.Sgt. Leane that he found the copy of the Rubaiyat in the rear of his car while it was parked in Jetty road Glenelg, about the time of the RAAF air pageant in November.
  He said he had known nothing about the much-publicised words “Tamam shud” until he saw a reference to them on Friday.

[3] 26th July 1949, Adelaide News, page 1:

The book had been thrown into the back seat of a motor car in Jetty road, Glenelg, shortly before the victim’s body was found on the beach at Somerton on December 1.
[…]
Although the lettering was faint, police managed to read it by using ultra-violet light. In the belief that the lettering might be a code, a copy has been sent to decoding experts at Army Headquarters, Melbourne.

Why Do These Accounts Differ?

The Parafield air pageant mentioned unequivocally in the above newspaper accounts was held on 20th November 1948, ten days or so before the Somerton Man was found dead on Somerton Beach. Yet Gerry Feltus was told by “Ronald Francis” himself that the book turned up “a day or two after the body was found on the beach”. Clearly, these two accounts can’t both be right at the same time.

I of course asked Gerry directly about this last year: by way of reply, he said “Don’t believe everything you read in the media, eg; ‘The business man told Det. Leane…. etc…’.“. Moreover, he suggested that I was beginning “to sound like [Derek] Abbott”, who had “nominated the same things as you”.

This is, of course, polite Feltusese for “with respect, you’re talking out your arse, mate“: but at the same time, all he has to back up this aspect of his account – i.e. that the book turned up after the Somerton Man was found, not ten days before – is “Ronald Francis”‘s word, given half a century after the event.

Hence this is the point where I have to temporarily bid adieu to Gerry Feltus’s account, because something right at the core of it seems to be broken… and when you trace the non-fitting pieces, they all seem to me to lead back to the Rubaiyat and the car.

So… what really happened with the Rubaiyat and the car? Specifically, what would it mean if the Rubaiyat had been in the car all along?

The Rubaiyat Car Theory

If the Rubaiyat was already in the back of the “little Hillman Minx”, it would seem to be the case that:

(*) Ronald Francis had no idea what it was or why it was there
(*) Ronald Francis’ brother-in-law had no idea what it was or why it was there
(*) …and yet the Rubaiyat was connected to that car in some non-random way
(*) …or, rather, it was connected to someone who was connected to the car

Given that one of the phone numbers on its back was that of Prosper McTaggart Thomson – a person who lived a quarter of a mile away from where “Ronald Francis” lived or worked, and who (as the Daphne Page court case from five months earlier demonstrated beyond all doubt) helped people sell cars on the black market by providing fake “pegged-price” documentation – it would seem reasonable at this point to hypothesize that Prosper Thomson may well have been the person who had sold “Ronald Francis” that specific car.

There was also a very good reason why many people might well have been looking to sell their cars in November 1948: the Holden 48-215 – the first properly Australian car – was just then about to be launched. Note that the “little Hillman Minx” could not have been a Holden if it had been driven to the Parafield air pageant, as the very first Holden was not sold until the beginning of December 1948:

If “Ronald Francis” had just bought a car in (say) mid-November 1948, I can quite imagine him proudly taking his wife, his brother-in-law and his wife off to the Parafield air pageant for a nice day out.

If Prosper Thomson’s behaviour in the Daphne Page court case was anything to go by, I can also easily imagine that the person who had sold that car might have wondered if he was being swindled by the middle man. In his summing up, the judge said that “[t]he defendant [Thomson] had not paid the £400 balance, and had never intended to do so“: so who’s to say that Thomson was not above repeating that same trick, perhaps with someone from out of town?

Perhaps, then, the person whose Rubaiyat it was was not Prosper Thomson himself, but the person from whom Prosper Thomson had just bought the car in order to sell it to “Ronald Francis”.

Perhaps it was this person’s distrust of Thomson’s financial attitude had led him to hide the Rubaiyat under the back seat of the car, with the “Tamam Shud” specifically ripped out so that he could prove that it was he who had sold the car to Thomson in the first place.

And so perhaps it was the car’s previous owner who was the Somerton Man, visiting Glenelg to track down the owner of his newly sold car, simply to make sure he hadn’t been ripped off by Prosper Thomson.

The Awkward Silence

I’ve previously written about how social the Somerton Man seemed to have been, and how that jarred with the lack of helpful response the police received. For all its physical size, Australia still had a relatively small population back then.

So perhaps the silence surrounding the Somerton Man cold case will turn out to be nothing more than that of jittery people buying and selling cars not through dealers, people who the Price Commissioners pegged prices had effectively turned into white-collar criminals – for how many professionals were so well-off in post-war Australia that they could afford to be principled about losing £400 or more in the sale of their shiny American car?

Incidentally, it has been reported that on the back of the Rubaiyat were written two phone numbers: one of which was the (now-famous) phone number for the nurse Jo Thomson (which her soon-to-be-husband Prosper Thomson was also using for small ads in the newspapers), while the other was allegedly for a local bank.

These are the two things people selling black market cars need: the number of the middle man who was laundering the transaction, and the number of bank to make sure cheques clear (remember that a dud cheque to pay for a car was ultimately what triggered the Daphne Page court case).

But the other thing such people need is an absence: an absence of discussion about the transaction. And if “Ronald Francis” had only just bought his car on the black market through Prosper Thomson (thanks to Price Commission pegging, only about 10% of car sales back then went through official car dealer channels), he would surely have had a very specific reason not to want the details of his sale explored and made public.

And so I wonder whether this was the real reason why Ronald Francis didn’t want his name revealed: because if the police were to understand the web of dealings that had brought the Somerton Man to Glenelg, that would inevitably make it clear that the two men were the participants in a black market car sale, one which – though widely practised – was still a Price Commission offence with stiff penalties.

Along those same lines, I also wonder whether it was Ronald Francis himself who erased the pencil writing from the Rubaiyat’s back cover, to try to cover at least some of the tracks that might lead police in his direction. Of course, we now know that SAPOL’s photographers were able to use ultra-violet photography to (mostly) reconstruct the letters: but this may well not have been known to him at the time.

Please note that I’m not saying this is the only plausible explanation for everything. However, insofar as it tackles (and indeed resolves) a large number of the trickiest aspects of the case, it’s at least worth considering, right?

A Final Note

To be clear, when I ran this whole Rubaiyat Car suggestion past Gerry Feltus (admittedly in an earlier iteration), he dismissed it out of hand (though without any actual evidence to back up his position):

“I will not go into the possibility that the man purchased his car from Prosper. It is an absolutely rubbish suggestion that has no credibility. Poor old Prosper. He must have been the only ‘black market’ racketeer in Adelaide. From my knowledge of the climate during that relevant period he was a ‘nothing’.”

Well, Gerry was absolutely right insofar as that in 1948 Prosper was a small-time black marketeer, a mere minnow in the Melbourne-dominated black market car pool: but all the same, he was a minnow that lived extremely close by.

I suspect the real problem here is that if the mainstream story is wrong – that is, if Ronald Francis’ car had not long before (like so many others at the time) been bought at a premium on the black market, and if Francis had told white[-collar] lies to try to cover up his part in an illegal transaction once he realized what had happened – then people have been concealing their true involvement with what happened for nearly 70 years, not because of murder but because the price control legislation made criminals of nearly everyone selling their car.

And so it might well be that Gerry Feltus (and indeed just about everyone else) has been viewing the Somerton Man as entirely the wrong kind of mystery: not a police cold case, but a Price Commission cold case. How boringly middle class!

During and immediately after World War II, governments everywhere looked with dismay at their non-functioning factories, empty warehouses, and depleted male workforce. Even though the normal economic response to such shortages would be for prices to go up, it was politically vital under the circumstances to prevent profiteering, exploitation, and inflationary pressure from disrupting domestic marketplaces yet further.

In the Commonwealth, legislation was brought in during 1939 to control the prices of many key goods, commodities and supplies: this was known as the Commonwealth Prices Branch. In Australia, this was implemented by appointing a Deputy Price Commissioner for each state, who was tasked with assessing the correct level that specific prices should be. These commissioners were also given the power to investigate and enforce those “pegged” prices (quite independently of the police): the price controls continued until the 1950s.

(Archive material on price control in South Australia is indexed here. For what it’s worth, I’m most interested in D5480.)

Black Markets

While this legislation did (broadly) have the desired effect, the mismatches it introduced between the price and the value of things opened up numerous opportunities for short term black markets to form. One well-known black market was for cars:

15th June 1948, Barrier Miner, page 8:

HINT OF FALL IN USED CAR PRICES
Melbourne.- If control were lifted, prices of used cars would fall and the black market would disappear, men in the trade said today.
  Popular American cars would settle to slightly below the former black market price and expensive English cars to below the pegged price, they said.
  The pegged price for a 1938 Ford has been £235, and the black market price £450. Buicks, Oldsmobiles, Chevrolets, and Pontiacs might sell for 75 per cent more
than the pegged price.
  There was no shortage of English cars, so a 1937 Alvis, now £697, could go down to about £495. The classic English cars of the late 20’s and early 30’s, pegged at about £300, would probably sell at less than £100.
  Every car would then find its level. Drivers who had kept their cars in good condition would be able to sell them in direct relation to their values.
  Men in the trade said honest secondhand car dealers had almost been forced out of business during the war. Records showed that 90 per cent of all used car sales were on a friend-to-friend basis and they never passed through the trade.

But because you could be fined or go to prison if you bought or sold a car for significantly more than its pegged price, to sell your (say) fancy American car on the black market you would need two separate things: (1) a buyer willing to pay more than the pegged price, and also (2) someone who could supply nice clean paperwork to make the sale appear legitimate if the State Deputy Price Commissioner just happened to come knocking at your door.

And yet because back then cars were both aspirational and hugely expensive (in fact, they cost as much as a small house), so much money was at stake here that it was absolutely inevitable the black market in cars would not only exist, but, well, prosper.

So this is the point where Daphne Page and Prosper Thomson enter the room: specifically, Judge Haslam’s courtroom… I offer the remainder of the post without comment, simply because the judge was able to read the situation quite clearly, even if he didn’t much like what he saw:

Daphne Page vs Prosper Thomson

21st July 1948, Adelaide Advertiser, page 5:

Sequel To Alleged Loan. — Claiming £400, alleged to be the amount of a loan not repaid, Daphne Page, married of South terrace, Adelaide, sued Prosper McTaggart Thomson, hire car proprietor, of Moseley street, Glenelg.
  Plaintiff alleged that the sum had been lent to defendant on or about November 27 last year so that he could purchase a new car and then go to Melbourne to sell another car.
  Defendant appeared to answer the claim.
  In evidence, plaintiff said that before she lent defendant the money she asked for an assurance that she would get it back promptly. She had not obtained a receipt from defendant. After several attempts had been made later to have the loan repaid by Thomson, he had said that the man to whom he had sold the car in Melbourne had paid him by a cheque which had not been met by the bank concerned. When she had proposed taking action against defendant he had said that if she took out a summons she would be “a sorry woman”. He had threatened to report her for “blackmailing.”
  In reply to Mr. R. H. Ward, for defendant, the witness denied that anything had ever been said about £900 being paid for the car. She had never told Thomson that she wanted that sum for it. The pegged price of the car was £442.
  Part-heard and adjourned until today.
  Miss R. P. Mitchell for plaintiff.

22nd July 1948, Adelaide Advertiser, page 5:

BEFORE JUDGE HASLAM:—
Alleged Loan.— The hearing was further adjourned until today of a case in which Daphne Page, married, of South terrace, Adelaide, sued Prosper McTaggart Thomson, hire car proprietor, of Moseley street, Glenelg, for £400, alleged to have been a loan by her to him which be had not repaid.
  Page alleged that the loan had been made on or about November 27 last year so that he could purchase a new car and then go to Melbourne to sell another car.
Thomson said that in answer to an advertisement Page had approached him on October 39 with a car to sell. She wanted £900 for it. On November 11 she accepted £850 as the price for the car and said that the RAA had told her that the pegged price was £442.
  He drew a cheque for £450 and gave it to Page, who told him she had made out a receipt for £442, the pegged price. Early in December he went to Melbourne to sell a car for another man. On his return to Adelaide be found many messages from Page requesting that he would telephone her. He did not do so, but about a week later met her and told her that he could not pay her the £400 “black market balance” on the car because he had had a cheque returned from a bank.
  Page had said she wanted the money urgently, as she had bought a business. Witness “put her off.”
  Later, just before a summons was delivered to him, Page had telephoned and asked when he intended to pay the £400. She had spoken affably, but when he told her that he had had advice that he was not required to pay more than the pegged price of the car and did not intend to do so, she had said she would summons him and “make out that the money was a loan.” She had said that she would bring forward “all her family as witnesses.” He hung up the telephone receiver. He had never borrowed money from Page.
  Thomson was cross-examined at length by Miss R. F. Mitchell, for Page. Mr. R. H. Ward for Thomson.

23rd July 1948, Adelaide Advertiser, page 5:

BEFORE JUDGE HASLAM:
Claim Over Car Transaction.
  Judgment was reserved yesterday in a case in which Daphne Page, married, of South terrace, Adelaide, sued Prosper McTaggart Thomson, hire car proprietor, of Moseley street, Glenelg, for £400, alleged to have been a loan by her to him which he had not repaid.
  It was alleged by Mrs. Page that the loan had been made on or about November 27 last year so that Thomson could purchase a new car and then go to Melbourne to sell another car.
  Thomson denied that he had ever borrowed money from Mrs. Page. He alleged that she had asked £900 for a car, the pegged price of which was £442, and had later agreed to accept £850 for it. After the transaction he had given her a cheque for £450 on account. Mrs. Page had made out a receipt for £442. When she had pressed him, later, for the remaining £400 of the sale, he had told her that, acting upon advice, he did not intend to pay her more than he had. She had then told him that she would summons him and make out that the money at issue was a loan.
  Mr. [sic] R. P. Mitchell for plaintiff: Mr. R. H. Ward for defendant.

7th August 1948, Adelaide Advertiser, page 8:

NEW Olds sedan taxi, radio equipped, available weddings, country trips, race meetings, &c.; careful ex-A.I.F. driver. lowest rates. Phone X3239.

17th August 1948, Adelaide News, page 4:

WON CASE BUT NO COSTS ALLOWED

  While he gave judgment for defendant in a £400 loan claim in Adelaide Local Court today in a case in which black-marketing of a motor car was mentioned, Judge Haslam refused costs because of defendant’s conduct in the transaction.
  Mrs. Daphne Page, of South terrace, City, sued Prosper McTaggart Thomson, hire car proprietor, of Moseley street, Glenelg, for £400 alleged to be the amount of a loan not repaid.
  His Honor said if it were not that the Crown would be faced with evidence of plaintiff in the case, he would send the papers to the Attorney-General’s Department with a suggestion that action be taken against defendant for the part he claimed to have taken in an illegal transaction.

“Direct conflict”

  His Honor said there was a direct conflict between an account which alleged a simple contract loan of £400, made without security and not in writing, and one which set up that the £400 represented the unpaid balance of a black-market transaction.
  Evidence was that in November last Mrs. Page had agreed to sell a Packard car for £442, but accepted a cheque for £450, defendant explaining the extra would cover the wireless in the car. Plaintiff gave a receipt for £442, the pegged price.
  Plaintiff claimed that in November she lent £400 cash to defendant with which to buy another car in Melbourne. Defendant’s account was that Mrs. Page said her lowest price for her car was £900 and that she afterwards accepted his offer of £850. He said he would give her £450 next day and would want a receipt for the fixed price of £442.
When he gave her the cheque, plaintiff said she did not want a cheque for £450 when the pegged price was £442. He told her not to worry as the unexpired registration and insurance would cover the £8 difference.

Borrowing denied

  Defendant said in evidence he did not pay the £400 balance and never intended to. He was advised of a new car being ready for delivery in November, but denied having borrowed £400 or any amount from Mrs. Page.
  His Honor said there was little support for Mrs. Page’s account as to the terms on which her car was sold. He was of opinion plaintiff had not shown on the balance
of probabilities that any amount was lent to defendant.
  Miss R. F. Mitchell appeared for plaintiff, and Mr. R. H. Ward for defendant.

18th August 1948, Adelaide Advertiser, page 5:

Black Market Sale Alleged
BEFORE JUDGE HASLAM:
  In a case arising from the sale of a motor car, in which his Honor yesterday gave Judgment for the purchaser, he refused him costs because of his conduct in the transaction.
  The evidence, he said, had produced a direct conflict between an account alleging that a simple contract loan of £400 had been made without writing or security, and one which set up that the money represented the unpaid balance of a black market deal.
  The plaintiff, Daphne Page, married woman, of South terrace, Adelaide, claimed £400 from Prosper McTaggart Thomson, hire car proprietor, of Moseley street, Glenelg, alleging the sum to be the amount of a loan not repaid.
  It was alleged by the plaintiff that the money had been lent to the defendant on or about November 27 last year, so that he could purchase a new car, and then go to Melbourne to sell another car.
  His Honor said he was of opinion that the plaintiff had not shown upon the balance of probabilities that any sum had been lent to the defendant. Were it not for the fact that the Crown would necessarily be faced with the evidence given by plaintiff in the case, he would send the papers relating to the proceedings on to the Attorney-General’s Department, with a suggestion that action sbould be taken against the defendant for the part he had claimed to have taken in an illegal transaction.
  There was little to support the plaintiff’s account regarding the terms upon which the car had been sold by her to the defendant, his Honor said. According to her, the price had not been specifically agreed upon, but left to be ascertained by reference to the pegged price, which was £442.
  The defendant’s account, his Honor continued, was tbat the plaintiff, after having first told him that £900 was the lowest price she would take for the car, had later accepted his offer of £850 for it. He had paid her £450 by cheque, telling her that he would have to borrow the remaining £400 from a finance company, and adding that he would want a receipt for the pegged price, and the registration to transfer the car into his name. The plaintiff had given him a receipt for £442. The defendant had not paid the £400 balance, and had never intended to do so.
  Miss R. F. Mitchell for plaintiff: Mr. R. H. Ward for defendant.