GUILTY OF THEFT

Dominion, Volume 36, Issue 23, 22 October 1942, Page 6

GUILTY OF THEFT

Verdict In Manufacturer’s Trial JURY RECOMMENDS MERCY A verdict of guilty was returned by the jury in the Supreme Court, Wellington, yesterday, against Sydney Klinberg, managing director of Tiny Tots Clotte ing Manufacturing Co., on the charge of theft relating to 4300 yards of georgette and 5000 yards of kabe crepe, of a total value of £1179/5/10, goods and chattels of Woolwortbs (N.Z.), Ltd. On the alternative charge of receiving; the same goods from Raymond John Watts, knowing well when ne‘ received them that they had been dishonestly obtained, the jury found the accused not guilty. The verdict was accompanied by a strong recommendation to mercy. Mr. Justice Blair remanded prisdnei-for sentence. Mr. IV. 11. Cunningham, Crown Prosecutor, appeared for the Crown, and Mr. W. .1. Stacey and Mr. G. C. Kent for Klinberg. , , , When the ease was resumed yesterday morning accused, continuing his evidence, said Tasker had never paid him any money. He had made his statement to the police on July 22, and, had continued to do business with Woolworths till September 25. . Cross-examined by Mr. Cunningham, Klinberg said that the 4300 yards of georgette and 5000 yards of kabe crepe, were received by Tiny Tots on June 10, 1941, in two separate lots, and that his statement to the police was incorrect when it said otherwise. The goods on goods receipt 1484 had remained in the factory for three or four days before a carrier, who said he was ’.from 11 oolworths, collected them. They had ad been taken away in one lot. He had never seen the carrier before or since’, nor had he taken any steps to find him. He definitely denied Tasker's story of the purchase of 92 pieces of kabe crepe, and of the payment made for it. He agreea that his wife had signed for the 100 pieces of kabe crepe, and said that it the carrier had taken away all . the crepe, he should have had 100 pieces, not 92. Addressing the jury, Mr. Stacey suggested that the accusation ot Klinberg was consequent to Watts, with Tasker as his accomplice, being in difficulties through goods stolen by Watts finding their way to the Tiny Tots factory in error. He asked the jury to accept, the view that Tasker was not innocent in the "swindle,” but definitely an accomplice, and, as such, his evidence should be viewed by the jury with suspicion. For the Crown, Mr. Cunningham said that the defence's attack on Tasker—he termed it a. “vicious” attack—was not justified. Neither Woolworths nor the police had, despite, the long and close investigation made into the affair, taken any action against him. . Accused, said Mr. Cunningham, had stated that the whole consignment, 2<2 pieces, were handed over tp_ one carrier, vet the evidence of Mr. Stubbs, of S.P.D. Delivery Co., showed that 92 pieces of the 272 were separately collected and delivered to the Estelle Manufacturing Co. . A Mr. Justice Blair, summing up, said that the evidence presented .by the Crown supported, if the jury accepted it, the charge of theft rather than of receiving. .He auvised the jury, on the reliability or otherwise of evidence as given by accomplices, but pointed out that no action had been taken against Tasker.