THEFT AND RECEIVING

Chronicle (Levin), 2 October 1947, Page 6

THEFT AND RECEIVING

Charges Admitted By Engine Driver

Plcading guilty in tlie Magistrate's Court yesturday to tliree ciiai'ges of thei't as a servant, oue of comrnon tlieft and eight of rcceiving stolen goods, bpenccr Cuthbert Toon, raihvay locomotive driVer, inarried, aged 48 years, of 75 Bryant Btreet, was committed to tlio nexfc quarterly sessions of tlie Supreme (Jourt at Palmerston North, in about tliree weeks ' tinie, for sentence. On three otlier charges of breaking and entering into premises and committing erimes therein, Toon pleaded not guilty, reserved his defence and was committed to the next sessions of tho Supreme Oourt at "Palmerston North for trial. Bail as allowed previously, with the aame conditions, was renewed. This was in two suins of self £200 and oue surety of £200, with the condition that he report twice weekly to the poliee. A further charge against Toon "that on or about June 12, 19315, at Palmerston North he stole various carpeutering tools to a total value of £3 os, the property of William Howard, was withdrawn for want of prosecution. ' The three charges of tlieft as a servant preferred against Toon related' to goods allegedly stolen from the New Zealand Itailwavs over a period from June 1, 1945 to Sept. 5, 1947, to a total value of £324. Wide Range of Articles.

The goods involved in those three charges included the 12 golf clubs, 12 golf balls, one golf bag, and two umbrellas which were the subject of the lirst charge laid against Toon, one radio xecciving set, one car tvre, a motor car seat, a quantity of pegs, eight new motor Car tyres, car liub cap, one lawnmower, 17 pairs of girls' sockettes, 17 packets razor blades, 1(5 cards hair clips, four cards of hair nets, one bed sheet, 12 face towels, four eot blankets, four pairs of working trousers, 10 pairs of womcns ' slockings, two plastic hainlbags, six pairs of women 's shoes, 11 singlets, 22 pairs of cotton sliorts, two motor tyres, six boxes of euvelopes, 20 note books, 17 packets of pest exterminator powder, 11 electric liglit bnlbs, two cartons of glue, one pair of guiiiboots, three gratcs, two scythe blades, six car pumps, live grease guus, sundry car tools, two cross-cut saws and suiidrv carpcntcring tools, quantity engineering tools, five bags of ceiiient, two eoils feucing wire, two ear wlieels, nine tins of onamel, live packets of ' ' size \ live tins of polishing creani, oue packet of ochre. The charge of comnion tlieft was tliat between Mav and August of tliis ycar he stolc two large and two small woodeu post blocks to a value of £2 (5s, the property of the Post and Telegrapn Departmcnt. Charges of Receiving. The eight cliarges of receiving stolen goods, knowing such goods to liave beer. dishonestlv obtained, related to property value d at £237 3s 3d, and ranged over a period from August, 194(1 to September 5, 1947, The goods involved included tins of paint, polisli, 7711>s. of tea, condensed milk, 39 bottles of cough mixture, nine bottles of laxative, nine bottles of broath sweetener, lieadaclie curos, shaving creani, cake ]iatty pupers, braccs, carton of slioe laces, bliml tittings, switches, 3.) valve connections, roll of malthoid, motor . fan, iantern. paint brushes, 11 water taps, seven sports coats, tliree niotor tyres, live pairs single shoets, live pairs double shects, tliree unlieinined double shoets, six ]>airs women 's slippers, four pairs of of sandals, inattress, new cai tv te, toothpaste. more thau n carton of soap, a carton of soap powder, a carton of tea, large carton of cotton, 2(5 balls

croquet cotton, 20 pairs sox, six rolls uiaterial, 1J rolls ScoLch lioiland, tliree bed- eovers, four pairs girls ' shoes, one s carton of sherry, nine hair brushes, 26ibs. of butter and a quantity of bulk butter, 13 belts, cocoa, cordial syrup, soup powder, eight wood bits, tenon saw, steeJ square and one drill, quantity paint brushes, .iamb duster. one bell cent, steel planes, spolce shave, wood chisel, screwdriver and ,a yankee drill and iinally one sink basin. The charges of tlieft and receiving wero all taken together. Senior Detective O. Power conducted proceedings for Ihe police and Mr. G. (Jrossley represented accused. Messrs F. Woods and'G. M. Ranson J.P's. presided. The following police witnesses gave evidence of x>rox>erty having been stolen from theni or their employers, and of having later identilied §ome of the property at the police station: — Bertram Frnest Sinelair, cabinet maker; Norman Johanson, builder; Alexander John liogers, carpenter; Reginald John Dick, P. and T. Department storekeeper; Thomas Henry Sexton, foreman for Railway Freights Limited; George Christopher Bruce, foreman for Haydon Clotliing Company Limited; Leslie Fitzgerald McNab, foreman for J. J. Niven's Limited; John Galloway, x)r0" fessional golf coach at the liiunieipal Awatapu golf course; Norman Eric Rowe, accounts elerk to the Palmerston North Histrict Rehabilitution Office. Question of Golf Balls. Tho onlv evidence by these witnesses contested by counsel for accused was that of Galloway in regard to the ownership of sonie boxes of new golf balls. These -boxes were produoed in court and Galloway from the witness box identilied theni as being of the saiue braiul as tliose which he declared he luul itiissed at the sauie tinie as his golf eliibs and olher liroperty vvent astrav in transit from Auckland.

In cross-exaniination witness said tliat he could not sav delinitely how niany golf balls he liad despatched from Auckland. There would be ax>proximately three dozen used and new balls. He could not j>osi ti vely identify the new balls produced in court as his, but he would claim theni as his. William Andrew Seott, ciaims elerk at the Palmerston North Railways goods office, stated that it was his duty to deal with all clainis for goods lost in transit by rail from Palmerston North. At the request of the police he liad nuule an inspection of goods at the police station. For the convenience of the court he liad prepared an iuventyry relating lo certain of those goods which ' he claimed to have been stolen from •tlie Raihvay Department. To Mr. (.Tosslev, witness said he came to Palmerston North on April 17 of this year. Ilis infornmtioii regai'ding missing goods luior to that timo* came from Ihe office rccords. Police Evidence Given. De t ec t i ve-Se rgeaut -I. II. Alty stated that in company witli Detective W. Sleetli he liad executed a seaiMi warrant on tlie premises occupied by accused on September 3. He had then taken possession of certain X'roperty. Tliev returned on September 8 amL took possession of further property. On September 19 accused liad ealled at the police station aud inspected all the X"'0perty takou from his residence. He sele' ted all that he claimed as liis own property and this was placed in a separate rooin. Au inventory had been nuule of tlie rest of tlie property. Witness x»roduced a numbered inventory of all the reniainiiig goods. On September 24 accused liad again called at the x>olice station and he was shown tliis inventory. He then niade a Statement to the police and indicated various articles by nunibers which he admitted having stolen during the-. past two years. Accused luul indicated othei goods by nunibers of the schedulc vvlucli he admitted having received knowing theni to have been stolen, Olher goods he elaimed as his own.

To Mr. Crossley, witness said tli$.t accused had given the police every assistance in having the matter cieared up. The X'olic6 would have had ditiiculty in identifying' some of the pro" perty witliout the , co-operation of the accused. This conipleted the presenta,tion of the x>olice evidence and asked to plead, accused x3^ea(ie:^ S'uilty t0 charges. He, was committed to the Supreme Court at Palmerston North for sentence. Three Purther Charges. Toon was then charged on the three counts of breaking and entering premises and committing a crime therein. The lirst concerned the shox> of Manawatu Ooncrete Co. Ltd., in Church Street, the date -of alleged oft'enee being October 24, 194(5, the seeond the Reliabilitation Department painting trade training centre in i\lain Street (on or about June 17, 1947), and the third the warehouse of Abraham aud Williams Ltd., at Taihape (on or about JuJy 25, 1947). 'ihe manager of klanawatu Concrete Co. Ltd., Francis Navier Quinn, gave evidence of having found the door of the business x^mises forced ox3611 au(^ the following property missing: An electric jug, two laying-on trowels, two pairs of gumboots, four rolls of wirenetting, oue niackintosli overcoat aud a wristlet watch, to a total value of £22 10s. He identilied property produced in court. Detective Sergeant Alty gave. evidence that some of the property allegedly stolen froiu this lirin liad been found at Toon's place wlieu the search warrant was executed. He produced a stateinent by accused who denied breaking and entering into the premises, but admitted recieving the property knowing it to have been stolen. Accused luul stated he was not prepared to diselose from vvhom he had received the goods.

Mr. Crossley subniitted that tho X>olice had not nuule out a x>rima facie case against accused. ■ While Toon liad admitted receiving stolen goods there iVas not one tittle of evidence that he had brokcn into the premises, and counsel asked that the case should be tlirown out. Tlie police luul x^'oved that ' the Xiremises liad been broken into and that the property had been stolen, said Benio r Detective Power. The property was found in tlie possession of'aceuscil. There was sufficieut evidence of accused 's guilt to sav tluit a jirima facie case to answer exisfed. Accused gave no story to the x'°Hce i^iat could be chec-ked. Accused pleaded not guilty aud was committed to tlie Bupreine Court at Palmerston North for tia]. Crime at Taihape. Evidence regarding tlie breaking p.nd entering into Abrahain and "\\ illiams Ltd. warehouse at Taihape was given bv Frederick Austin Haywpod and John ■Mitchell Kilgour. The- following goods were alleged to have been stolen: An electric jug, a radio receiving ■ set, a lamp, prinius, four oilskin coats, four pairs working boots, pair gumboots, two oilcans, 24 pot scrapers, four pairs sheep sliears, two rubber vacuum cups, car tube, axe, three electric irons, to a total value of £71 5s 3d. Harwood identilied various goods produced in court. Arthur E. AVilsher, locomotive foreman at Palmerston North, gave evidence that accused let't Palmerston North as driver of an express at 5.45 p.m. on .Tuly 25. Toon arrived in Taihape at 8.5 ii.ni. and left there at 2.40 a.iii.-. arriving in Palmerston North at 4.5 a.ni*. To Mr. Crossley witness said that thc driver of tlie train would be relieved at Palmerston North by a orew from Paekakariki but the engine would not be clianged. Detective .Bergeant Alty gave similar evidence to that in tlie previous charge, and again produced a stateinent niade bv accused deiiying responsibility for

the breaking and entering but admittiug having received the stolen goods, knowing them to have been dishonestly obtained. Mr. Crossley made a similar applicip tion for the charge to be tlirown out ou the grounds that no prima facie case had been made by, the police. There was no evidence associating accused 1 with the crime. "Certainly he was in Taihape on tho night of the crime, but so was every otlier citizen of that town,''' said Mr. Crossley. If- accused chose not to say wliere he had received the goods, he inust aceept the Tisk of facing the more serious charge of tlieft, said Mr. Power. In tliis case Toon was found in possession of nearly all the stolen goods two months after- the offenee. ' The court held that a prima facie case had been made out, and accused, after pleading not guilty, was committed to the Bupreme Court at Palmerston North for trial. ^ Training School Rohhed. The third charge . followed the saitie pattern as the previous * two. Lewis Thorburn, painting instructor, gave evi-

dence that the Relia'bilitation Department 'a trade training school m Main Street had been broken into and various articles stolen. He identilied goods produced in court as similar to those stolen from the school. The value of goods was £9 14s. Detective-Sergcant Alty rcad a statement to the court in which accused dcnied having broken and entered into the school, but admitted having received the goods knowing them to have been stolen. Mr. Crossley again made an applieation to have the case thrown out, but the court lreJd that a prima facie case had been made out, and after accused had pleaded not guilty to the charge, he was committed to the Supreme Court at Palmerston North for tial.