GAOL SENTENCE

Evening Post, Volume CXXVIII, Issue 24, 28 July 1939, Page 18

GAOL SENTENCE

CASE AGAINST WATERSIDER

Charges of.stealing, on July 7, three pairs of women's silk stockings, valued at 9s 4£d, and a roll of dress material valued at 37s 6d, and of receiving the stockings and the dress material, knowing them to have been dishonestly obtained, were preferred against a waterside worker, William McNicholas, aged 41, who appeared before Mr. W, F. Stilwell, S.M., in the Magistrate's Court yesterday afternoon. After evidence on both sides had.been heard the Magistrate said that a conviction on the receiving charges was justified, but not dn the theft charges. McNicholas was convicted and sentenced to five weeks' imprisonment on the major of the two charges ( on which he was convicted, and five' weeks' imprisonment on the other, the. sentences to run concurrently. Counsel (Mr. F. W. Ongley) applied for leave to appeal, and this 'was granted, security being fixed.

Detective-Sergeant P. Doyle said that the accused was arrested at 6.5 p.m. on July .7, and charged with being found drunk in Abel Smith Street. At the time he was wearing an oilskin coat over his working clothes. When searched by a constable in the presence of another member of the force his oilskin was removed, and it was then discovered that the accused was wearing a pullover under which was concealed a roll of dress, material, unwrapped. In his right-hand coat pocket were found three pairs of women's silk stockings, »also unwrapped. The accused was questioned, and he replied. "I don't know where it came from." To the sergeant he said, "I did not buy it—l know nothing about it" Later, he said that he got it from two sailors in a hotel. .

• Inquiries, said Mf. Doyle, showed that the 'material was part of a consignment from Japan, brought by the Sydney Maru, which Was discharging at the King's Wharf on the day the accused was arrested. On the same ship was a consignment of silk stockings similar to those found on the accused, and the ! consignment was found to have been broached.

Numerous police witnesses were called and gave evidence on the lines of Mr. Doyle's statement.

The accused, in evidence, said that early in the morning he went down to the job and it was windy and cold. A ballot was taken and it was decided that it was too windy to work. Witness wanted to work, and thought that when the sun came up it would probably warm up. He had recollections of another ballot being taken at about 11.30.. and. it was then decided that it was stiil too windy. He was drinking a lot and the next thing he remembered was signing a list at the police station. It was a property sheet on which the cloth and stockings appeared, and he signed it under protest.

To Mr. Doyle he said that he could not dispute the fact that the goods were, found on him. He could not say where he got them, and denied telling the sergeant he got them from sailors in a hotel.

Several witnesses gave evidence of having seen tWe accused during the day in a drunken condition, and all said that he did not have anything under his cardigan.

The Magistrate said that he could not accept the proposition that m some mysterious manner the things were found on the person of the accused.

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