THEET FROM HINEMOA

Dominion, Volume 11, Issue 231, 18 June 1918, Page 7

THEET FROM HINEMOA

CHIEF COOK CHARGED COMMENTS OF MAGISTRATE A mail named Porcv Kirkby, formerly employed ns chief cook of the Hinemoa, ■was brought before Mr. S. E. M'Carthy, *•11., at tho Magistrate's Court yesterday, charged with the theft of 21b. of pork, ono tin curry powder, lib, butter, a cauliflower, a tin of spico, and six dozen eggs from (ho Hinemoa. The value of the goods was ,£], and it was alleged that they were stolen on Juno 13. Kirkby denied the charge. Inspector Marsuck prosecuted, Mr. H. E. Evans appearing for acoused. Inspector Mnrsack stated that on tho of Juno 13 Constable Jsbister saw coming from the direction of tne Hinemoa. He was carrying something tinder his arm, and tho constable searched .mm, and found in a bag and a box in his possession the articles enumerated in (he J i 5- , A ccllSil(l said he got them from the chief stoward of tho Ilinemoa. Not being satisfied with tho explanation, Conslable Isbister took tho man back to the ilinemoa. 'When charged with tho oftence, accused said: "You can put this charge against mo if you like; I don't mind doing three months." , Constable Isbister gave evidence on the lines indicated by Inspector Marsaek Jn his address to tho Court. In reply to Mr. Evans, witness said accused had had drink, but was not drunk.

James Waters, chief steward of tho ■ilinemoa, said accused had been employed as chief cook of tho Hinemoa. Accused had no right to tho goods which were the subject of the charge. To Mr. Evans: Accused earned 10s. per month, and could make what use he liked of tho fats obtained ill the process of cooking. Ho lind been on tho ship two months, and always boro a good character. Witness did not think he .would have done such a thing unless lie was under the infiuonce of liquor. When (he vessel was at Kussell, accused was approached by someone, and asked to sell a leg of mutton, but he refused to enter into tho transaction.

Mr. Evans said tho facts of the caso ■were peculiar. On the day of the information accused had gono ashore, had K>me drinks, and returned to the ship late for duty. As a consequence there iva,s a dispute with tho chief steward, who gavo him notice of discharge. Some Roods from Afessrs. Campbell and C'o. came to the ship. Kirkby had the right to all sacks received from this firm, and 1110 asked the enrter to bring him some goods to the valuo of twenty sacks, which Jie had stored on tho ship. Tho man Agreed to do so. That night accused (went to tho pantry to get something to eat, and near there ho found a box containing some groceries. 'Ho thought itbeso were the goods left for him by Messrs.. Campbell s carter,, and naturally nssumed they were his. Defendant gavo evidence to this effect. He said that when Constable Isbister accosted him lie told the oonstablo quite frankly that ho got the goods from the ■Hinemoa. He also said he did not know what was in the bag, but he thought they wero the articles left by llpssrs. Campbell's carter. He did not tell the constable that Jie got them from the steward of the Hinemoa. Feeling that his conscience was clear, he certainly did remark to the constable that the latter "Could briujr as many charges as he liked against him." Ernest Richardson, carter in the employ of Messrs. Campbell and Co., stated that defendant had asked him to get some goods ill return'for twenty' sacks. Witness took the sacks back to the shop, find they wero credited to Mrs. Kirkby. Cross-examined by Inspector Marsack, fitness stated that he did not take the goods back to the ship. About five of the sacks were rejected at the shop, leaving a balance of fifteen, of a value of about 10s.-' Kirkby had asked him to have tho goodß left either at his Jiouse or at the Hinemoa. Frederick Iloyle, second cook of the Einemoafi said that amongst tho goods received at the ship were six dozen eggs. His Worship said the valuo of the goods Stolen fai exceeded the value of the sacks, and it was uulikely that they flvould have been left in the place where hocused said lie found, them. ..Ho was quite satisfied" thnt the defciice set up was an afterthought. Defendant must wo convicted. Mr. Evans referred to ihe fact that Uviykby was a returned soldier. "Returned soldiers must not get the idea into their heads that they are privileged to steal," remarked His Worship. Illowever, defendant was drunk at the time, and the chief steward" had testified as to his previous good character. 'This is not an ordinary case of ship or wharf pillaging," added His Worship. "DeJeudant will bo ordered to come up for pentenco when called upon, and a prohibition order will bo issued against him." Accused: Will that affect my pension? His Worship: I cannot help that. 1 cannot let tho impression go abroad that returned soldiers can thieve.