People v. Royale

FOX, J. The defendants were convicted on three counts of grand theft. Following the denial of their respective motions for a new trial, proceedings were suspended and defendants [680]were granted probation. They appeal from the orders denying their motions for a new trial.

The complaining witness, Mrs. Marie Blackwell, had known Miss Royale since 1942 when they were neighbors, and had met defendant Bellows in 1945, when her husband was living. In May, 1949, defendant Royale called twice on Mrs. Blackwell telling her that she had married Mr. Bellows who was a millionaire, and that they lived on a very lovely boat in Newport Bay. On the second visit Miss Royale told Mrs. Blackwell that Mr. Bellows had sent $5,000 to her (Mrs. Blackwell) in case she needed it because of Mr. Blackwell’s recent death. Mrs. Blackwell said she did not need it. Miss Royale then invited Mrs. Blackwell to visit them on the boat, which she did a short time later. While on the boat defendant Royale stated that whatever Bellows touched turned to gold. He then told her “about the ten millionaires” who “had come to the table and each put in a million dollars . . . put it in investments.” Defendants named the ten millionaires who made up the group; they included Harold Lloyd, Mary Pickford, Howard Hughes, the Goulds, the Vanderbilts, the DuPonts, and M.G.M.; they would come together once a week to make investments. Bellows mentioned an island they were going to buy with war surplus on it which the United States government had left there; they would make a hugh profit in selling the goods. He also said they planned to purchase buildings that were unfinished because of lack of finances and complete them and sell them at a big profit. They would, of course, invest in a variety of other things.

Bellows told Mrs. Blackwell that he was a Russian nobleman ; had a lot of money; had invested several million dollars in England and Palestine; and was a trouble-shooter at M.G.M., getting $150,000 a year. He also explained that he had invented a cure for cancer (which had been the cause of Mr. Blackwell’s death) and that she would play a definite part in its development.

Defendants offered to cut her in on the pool. They urged that she liquidate all she could—even suggesting that she sell her home and put it into this venture. They also stated that they would make up any loss she might sustain. On June 12, 1949, Mrs. Blackwell gave Miss Royale her check for $5,000 to put into this investment pool. It was deposited in Miss Royale’s bank account.