"YOU'RE THE LIAR''

Bay of Plenty Beacon, Volume 2, Issue 184, 10 July 1940, Page 5

"YOU'RE THE LIAR''

MAGISTRATE'S OBSERVATION ''FARM HAND CHARGED WITH THEFT Occupying the attention of the Court for over an hour yesterday, the case in which Don« •aid"Hugh Patchell was charged/ with the theft of a camera and "bathing suit, of a total value of £3 10s, the property of Stuart Francis Olsen, was concluded by the Magistrate's observation to defendant, who was in th«< witness box at the time. The( prosecutor, Sergeant M. Farrell, said that as Patchell had described complainant as a liar, -perhaps he thought that one 0$ -witnesses, whose evidence jgft- As in line with that given by! was also a liar. "I think, Patchell, that you're the liar and I'm telling you to your face," said Mr E. L. Walton, S.M. 1 Defendant was represented by Mr -J. F. Keane, of Rotorua, and elect-* ed to be dealt with summarily* •pleading Not Guilty. The first witness called by SetiM - i geant Farrell was Stuart Francis 'Olsen, complainant,, a farm-hand •employed by Mr Mundy, Edgecumbe. He said that he had worked with Patchell, who was employed on the same farm and they shaded a room, or wharc. Paijchell was to go away to a Territorial camp on Sunday, March 17th, and in thjs afternoon had purchased a fibrekane suitcase from witness. The price was 2s. When witness re-: turned to the bach in the evening of March 17 th he saw that the. camera "and 'togs' had been taken out -of his drawer. It would not be cotr:rect to say that he had sold camera for £1. He was certain that he had not sold it to Patchell' or anyone else. A Lengthy Cross-Examination. Mr Keane cross-examined witness at considerable length, principally on financial matters and commits ments. • Witness said that he . was not short olf money, as he drew £9 16$ per month net-t. He pakl £3 per month on a radiio set purchased at £36 10s and £3 per month off a type writer valued at £26 10s. The radjio was in his possession at the time when the camera and bathing suit -were stolen, but other commitments in respect of hire-purchase agreements had been contracted either before or since. Answering Mr Keane, he said that these included -£1 per month on a bicycle, £1 CJs per month oh a vacuum cleaner. He had tried to make a deal with fi neighbour on the radio set but the deal didn't come off. ' It. was suggested by Mr Keane that the neighbour discovered tti/it the radio was not paid" for in full but this was denied by witness. He had an account with the store but -it had not been paid off. Last February and March he owed probably £7 to the storekeeper. Financial Embarrassment Denied Endeavouring to make the point that complainant was financially .embarrassed during March, Mr Keane asked him ths reason for the rsale of the bicycle. Witness said that lie had sold i'lb- because he had 110 use for it. His present commitments included one with a Whakatane firm for a radio he purchased about three months ago. He had been allowed £9 trade-in value on his set and the price for . that "bought in Whakatane! was £33. He #1 purchased the bathing suit m Patchell in February, when he thought Patchell was short of money prior to entering camp. Re-examined by Sergeant Farrell, witness said that he could have obtained an advance; at any time from Tiis employer and at the time when his camera and bathing suit were taken he had about four weeks' wages due to him. Employer's Evidence. Richard Seymour Mundy, farmer, of Edgecumbe, said Olsen was still 'employed by him. He understood that Olsen had bought Patchell's 'togs.' Olsen had instructed witness to deduct 10s from his wages pay it to Patchell. Witness pnH •duced his record book to show that when Patchell left Olsen had about four weeks wages owing to him. Under cross-examination witness .-said that no definite mention had been made about the sale. Regarding complainant's habit of buying rand selling articles, witness said that the vacuum cleaner was pur- •> -chased at least twelve months ago and the bicycle sold last spring.

He did not think that the camera had been sold to> Patchcll as he would, have heard about the purchase. Constable G. G. Donnelly, of Rotorua, was the next witness, and he read a statement made by Patchell at the Rotorua station, in which It was stated that the camera was purchased from Olsen for £1. A Question of Income. Addressing the Court, Mr Keane said that the circumstances of the)' case were peculiar and there was 1 only the word of defendant against those of the prosecution's witnesses. It seemed that complainant was living beyond his income ..... The Magistrate: How can you say that he is living beyond his in-j come? Mr Keane: Welly he has all those liabilities and he is still in debt with the storekeeper. The Magistrate: So am I, as far as that goes. That doesn't mean that he is living beyond his income, He's only being foolish with his money, spending it as fast as he gets it. Mr Keane said he was not sug-f gesting anything dishonest about complainant and the • Magistrate queried the point of the money paid, to Pafchell for the 'togs/ Mr Keane replying that the only course open to him, as he had not been instructed on that point, was to put defendant in the box. Defendant's Explanation. From the witness-stand, Doinald Hugh Patchell siaid he was formerly employed by Mr Mundy. He. did not remember Mr Mundy adding 10s to his wages before he left for camp. His wages were £2 per week clear of tax and his sole commitment was £2' per month for a motor cycle. After, he had. left he received a telephone message from his father, who told him that the police would like to see him. He went to Roitorua and, accompanied by Mr- Keane, saw the police officers there. He' made a statement to them. The reference to bathing togs at the police station was the first he knew of any enquiries that were being prosecuted. On the Sunday afternoon (March' 17). before going into camp, defendant said he and complainant had been lying on their respective beds in the whare when he offered Olsen £1 foir the camera. Olsen took the money, continued defendant, but there was no receipt. They wore together until they went to milk and both were in the bach afteij milking., before going to the house for the evening meal. Olsen was in the house when defendant took his bags, which were packed, from tlhe whare. He had never sold his bathing suit as he swam frequently. The Magistrate's Comment. Sergeant Farrell reminded defenlant that Olsen, on oath, had said [hat he had not sold the camera. 'But you say that he's a liar," con:inued the prosecutor. "Mr Mundy ;ays he paid you 10s for the bathng suit Mr Keane: No. Mr Mundy said lie supposed the 10s was for the bathng suit. The Sergeant, continuing: Would you say that he was a liar., :oo? The Magistrate: I think, Patchell, that you're the liar,, and I'm. tell--ng you to your face. Mr Keane then appealed for defendant, pointing out that he was >nly nineteen years of age. He was a competent farm hand at present vorking for his father, who was anxious to have defendant under his control. Counsel suggested a term af probation. Patchell was convicted and admitted to probation for 12 months and ordered to pay costs. Restitution of the goods was also ordered.