GOVERNMENT STORES

Dominion, Volume 14, Issue 194, 12 May 1921, Page 6

GOVERNMENT STORES

FOUR ARTILLERYMEN CHARGED WITH THEFT

JUDGE DISCHARGES ONE ACCUSED

Four young men, Charles Sommerville Lennox, George Janies Gould, Alfred George Smith., anil Walter Lester Young, permanent artillerymen at the Alexandra Barracks, appeared in the Supremo Court yesterday before His Honour Mtr. Justice Hosking on a charge of stealing tobacco and cigarettes valued at odd, tho property of tho Now Zealand Government. Mr. P. S. K. Macttssey was Crown Prosecutor, and Mr. W. Perry appeared for tho accused, who pleaded not guilty. Tho case arose out of the disappearance of a quantity of Army Service Corps stores, which vei’o taken from K Shed, Waterloo Quay, to the Alexandra Barracks on December 24 last, and placed in a corridor. During the period between that date and January 10 er 12 some of the stores (which consisted in the main of tobacco, goods, groceries, etc.), to the value of <£l43 4s. Bd'., were stolen. It was found later that the cases had been pillaged, but that tho lids had been nailed down again. The first witness, Sergeant-Major Lindsay, gave evidence similar to that which he had given in the Court below. Cross-examined, witness said the stores were placed in such a position that anyone .visiting the barrocks could gain access to them. He denied 1 n suggestion by Mr. Perry that the stores had disappeared while the packing-cases were in K Shed.

Lieutenant H. A. Wilson gave evidence that the four accused had good records. They were all “good lads.” After Detective Nuttall had given evi. dence, the Judge considered that then? was no evidence warranting a continuance of the case against Gould. Gould •was accordingly discharged. The other prisoners remained at the Bar. For the defence Mr. Perry traversed the Crown evidence, stressing tho statements that the general public had had access to the barracks. Before considering whether the three accused 1 were guilty, the jury had to take into consideration tho opportunities given to the general public to remove tho good.’ The case for the Crown rested entirely on statements made by the accused, and tho statement of one could not bo used (la evidence against tho others. John W. Norden, a member of the Permanent Forces, gave evidence that some of the cases of cigarettes hod been badly damaged. The second morning after the cases were in the barracks, he saw the accused Smith nailing up one of tho broken, cases. Previously ho had ooen tobacco and cigarettes falling out of the cases, so damaged were the Iwxes. No guard was placed over the goods, and there was no guard there during the holidays. Anyone could have come in from the street and taken some of the contents.

To Mr. Macasseyi Witness did not make any report as to the condition of the cases. “There was no need to, after they were nailed up,” he said. Ernest E. B. Padman, N.Z.M.C., said he remembered a load of "stuff” going to the Alexandra Barracks on December 24. The cases were so badly broken that he offered to “take charge of them for a 10 per Cent, commission.” Witness saw tho cases again laifer, one of them being open. He reported the matter, and asked to have the cases attended to. He saw no guard over the goods, but saw some cigarettes lying round. >

In his summing up, Judge Hosking said that property of the Government was entitled to as much protection as property of an individual. The persons charged with tho tbMt had made admissions, with the exception of Gould, against whom there was no evidence at all. Voluntary admissions formed the strongest evidence of guilt. The fact that goods were easily taken did not make the crime of talcing them any the less.

After a retirement of over two hours end three-quarters, His Honour recalled the jury and asked them if he eould he of any assistance to them. Upon the foreman’s indicating that there was likely to he a disagreement, His Honour eaid: "You have the written admissions.” Ho indicated that the jury should retire anew' and consider its verdict. At 5.10 p.m. the jury again returned, without a verdict, the foreman intimating that a decision could not he agreed on. A retrial was ordered hy the Judge, to he held on Monday next. The accused were released on hail. GOLF 1 THE WELLINGTON CLUB. A mixed foursome competition for the Ward Cups was played at Heretaunga on Saturday, resulting as under: —Mrs. H. S. Hayman and H. S. Hayman, handicap 11, 1 up; Mrs. W. B. Lees and W. B. Lees, handicap 7, 1 down; Mrs. Marchhanks and K. Stewart, handicap 8, 1 down; Miss Kiely and F. G. Webster, handicap 14, 1 down; Mrs. C-. A. Rich* ardson and C. A. Richardson, handicap 12, 2 down; Miss Mantell and L. W. Grace, handicap 7,2 down; Mrs. W. E. Reid and W. E. Reid, handicap 17, 2 down; Miss E. Bell and A. R. Scionders, handicap 5, 3 down; Miss M. Marchbanks and H. C. Leese, handicap 10, 3 down; Miss A. Duncan and H. Page, lhandicap 11, 3 down; Miss L. Brandon and E. C. R. Anderson, handicap 7, 5 down; Airs. Kohn and T. E. Y. Seddon, handicap 12, 5 down.