A "TRY-ON"

Dominion, Volume 11, Issue 292, 29 August 1918, Page 7

A "TRY-ON"

ACTION OVER A COAT ALTERNATIVE TO CIVIL REMEDY A peculiar case was heard by Air. F. V. Frazer, S.AI., at the Magistrate's Court yesterday, when a married woman named Daphne Caroline Shinner, for whom Mr. P. W. Jacksou appeared, proceeded against Airs. V. Donnelly, represented by Air. E. AI. Beechoy, 011 <111 information that in or about November, 1916, defendant committed tho theft of a sealskin coat, valued at £23, the proporty of tho informant. .

Daphno Shinner, formerly Daphne George, stated that in October, 191G, she resided at 82 Cambridge Terrace. At tliat time defendant, who was then unmarried, was staying with her. AVitness wont to Sydney and left her coat in tho house. On December 4 of the same year witnoss returned, and found that the house was locked up and several tilings were missing, including tho sealskin coat. Defendant was questioned as to what slio had done with tho coat, and sho replied that she htid left it with somebody to bo relined. Witness gavo 110 authority to defendant to tako the coat, which h.ad not been returned, and whioh was valued at £23. The coat did not want rolining.

To Mr. Becchey: Tho coat was two mouths old when witness wont away. Wliile she was absent defendant was in charge of the premises. A man named Walter Smith was a boarder in the house, and was not in charge. Defendant was a girl who lrnd no liouio and was taken in by witness. When witness found tho coat to be missing she informed tho police, who took no action, so civil proceedings were taken in Septembor, 1917, which resulted in judgment being obtained for the return of the coat, or its value. Witness understood that defendant had tried to obtain tho coat from the woman to whom she gave it to be relined. If the coat was described as being in bad order she would say that was a deliberate lie. Smith had 110 right to give authority to defendant to wear the coat. Mr. Beechey: Have you been convicted of any offence?—"l do not think it is necessary to answer that question." Have you been convicted of making a false declaration as to the birth of a child?—" Yes. the reason was to protect my child." Are you married?—"l am married." AVhen wore you married? —"I refuse to answer that question. If you want proof go to the Registrar's office." Mr. Becchey said the; suggestion was that the witness was not married. Replying to the Magistrate, tho witness said she had brought the present proceedings in order to obtain satisfaction by having tho coat returned, or its value, and not so much with the idea of punishing tho defendant. Eileen Smith, testified to seeing defendant wearing a sealskin coat, which defendant stated belonged to Mrs. Shinner. Defendant said she took it out of tho house. Plain-clothes Constable Black produced a statement made by defendant in which she said -she had worn the coat, which she had been told by complainant belonged to another woman.

In reply to Mr. Beeehev, tho witness said he was satisfied from his inquiries that no theft had been committed.

His Worship said criminal procedure should not he used as a means of enforcing a civil liability. In the present ease, the informant had apparently heen advised by the policft to try a civil remedy, and after a considerable delay civil proceedings were commenced and judgment was obtained. The judgment was not enforced) and probably it was true that there was some considerable doubt as to the ability of the defendant to pay. Informant had admitted that the present proceedings were instituted not with the idea of punishing the defendant if she were in tho wrong, but to obtain possession of the coat. Tho action of the informant was most improper. It was unfair that a criminal accusation should have been held over the defendant's head for eighteen months, and that when a civil remedy had proved unavailing criminal proceedings should be resorted to. A person who started criminal proceedings was acting as a public, prosecutor to some extent. He was inclined to think that the police did not take the matter up because they had some doubt as to whether their action would bo successful. In view of .thoso circumstances he did not think'it was right to go any _ further, and the cliargo would bo dismissed. .The evidence that Imd been taken might bo shown to tho police, who could prosecuto if they thought it necessary. There was no doubt about it that tho whole thing was a "try-on."