THE SLEEPERS CASE.

Gisborne Times, Volume XLV, Issue 3978, 10 July 1915, Page 9

THE SLEEPERS CASE.

USED FOR DUNNAGE ON A LIGHTER.

CAPTAIN COLE Al AN DISCHARGED

A case of much public interest came before Air A\L A. Barton, S.M., at the Magistrate’s Court yesterday morning, when Captain John Coleman, of Gisborne, who was represented by Mr B'urnard, was charged with the theft of 10 railway sleepers, valued at S 3 ss, the property of the New Zealand Government.

Accused elected to be tried by jury. ".Detective AlcLeod conducted the case for the police. R. Henry Robinson, storeman for the Public 'Works Department, said that about nine or ten weeks ago a large consignment of Western Australian hardwood sleepers came to hand. Some of these were sent to the railway works at Ngatapa, and the balance were lbi't stacked on the wharf. They were branded ‘'AY. A. ' and with a broad arrow inside a circle, on the end of the sleepers. Witness had seen the sleepers at present in the Courtyard, and the brand on them corresponded with that on the sleepers stacked on the wharf. They were valued at 6s Gd each. Witness knew the accused, and had often given him permission to use some of the sleepers for the purpose of unloading coal from vessels, etc. This was about six months ago. There ivas no particular number mentioned. Witness bad given accused no authority to use the sleepers in question. By Air Burnard : During the hist six or seven years several-consign-ments of sleepers had been landed m Gisborne for the- Government, and some of them had lain on the wharf for months. AA’itness couldn’t say for certain Unit the sleepers in question wore part of the consignment landed here eight or ten weeks ago. It was a general practice oil the wharf for sleepers to be used as dunnage on the lighters, and witness bail often given permission for this. Very often the sleepers had been used without authority. AYiiou witness saw this be made no objection. He didn’t know whether the practice was in vogue before lie came to Gisborne. It was quite possible that sleepers used aboard a lighter might ho overlooked and left there for weeks. Various kinds of Government property was often left on the wharf for some time, such as machinery, timber, etc. Witness had made a tally of the sleepers on the wharf about the beginning of June, and found that there were thirteen short, the number Quit accused was previously convicted of stealingThere would probably be no difficulty of making a tally of all goods on the hooks for the last twelve months.

Re-examined, witness said he ms not sure about the date of the tally. It may have been June 18. When witness had given permission to lightermen to use sleepers, they had not been removed from the wlrarl. Although he had seen them being used on the lighters, lie had made no objection. At different- times witness inul missed Government nroperty from the wharf, for instance, two bars ot steel and one pile-shoe. Henry llorst, lighterman, in the employ‘of the Gisborne iSlieepfarmc.rs’ Frozen Meat Co., said ho knew the accused, who was marine superintendent- for the same company. Witness received all his instructions from accused. He remembered about tlie begining of June he met accused on the wharf about Sor 9 a.m. Accused suit! lio wanted some sleepers for duniiage. Witness got aboard the lighter '‘Good Templar,” and accused passed him ten sleepers from the wharf and told him to put them, in the hold. Later, Coleman was arrested for the theft of some other sleepers, and witness reported to Air Cederwall, manager of the Gisborne Sheepfarniers Co. to the effect that there were ten sleepers in the hold of the ‘ Good Templar.” Witness and others then removed the sleepers to the company s store. The “Good Templar” was not used while the sleepers were aboard. By Air Bnrnard : The lighter was to he used, but the plans had been changed and it- had not been used. 'Witness bad worked on the wharf for 82 years, and had known accused since he came to the. wharf, 17 years ago. \ reused had alwy.vs borne a very good character, and witness (lid not think ho intended to steal the sleepers. There had always been sleepers on the wharf for the last year, and witness had often seen them used u tie* la dels of the -lightens for dunnage. He had known the sleepers were aboard the “Good Templar,” but he had "never thought- about them till the accused was arrested on a previous charge of stealing sleepers. Nyitness had alwavs to take off the hatches e: the lighter about every other day m fine weather, and anyone could have seen the sleepers had they chosen to look down the hold, although they could not he seen from the whart. People made a practice ot fishing fn-M the lighter, and there was no atteirp' at cone calment of the sleepers. Re-examined bv Detective Ale Lend, witness said the “Good Templar ’ was to be used to unload about CO o -0 tons of machinery _ belonging to the company. The lighter had a ji~ hatch, and was therefore most suitab e for the purpose. The sleepers we e laid down as a bed for the maclnimiv. Gustave Frank, mariner, employed bv the Gisborne Sheepfarmers’ Co., said he knew accused, and remember od Inin being arrested on tlic pievioos cliargo of theft- in June. Two or three days after ho was arrested came to witness and said, “Aon know those sleepers I’ve got in the hold of the “Good Templar; wlmt- is best to do about them ?” Witness replied, “You put them down there, Coleman, and you know what to do with them. Bv Mr Burnard : Coleman told lffm at 7.45 on Saturday morning to get the winch ready to raise tlie sleepers from the hold. He couldn’t get the sleepers out of the hold _ without the help of three men. Witness agreed with Air Barnard’s statement that, had accused meant to steal the sleepers he would not. have put them in the lighter, as to got them out again and to pervort them to his own use would require at least three witnesses to his crime.

Detective McLeod deposed that on June 20 ho took possession of sleepers in the G.S.F.M. store. The sleepers were the ones now in the Courtyard. On June 29 he showed accused the sleepers, and asked him if he put them iii the hold of the lighter. Accused said lie had put them there for dunnage. Accused also said he had no intention of stealing the sleepers. Witness then arrested accused. and asked him if he had any statement to make. Accused said he had not. Mr Burnard, counsel for defendant, said the sleepers were found in the hold of a lighter, the uropertv of the company which employed the accused. There had been no evidence called to show that the sleepers had been ap.propriated for the use of defendant. The workers about the wharf were m the habit of using Government sleepers', and accused was following the usual! practice. Any man wanting to steal the sleepers would not have put them in the hold of. the lighter, as to get thorn out lie would require the help of throe men, and that meant, three witnesses of the act. His Worship, in summing up the evidence, said that it was evidently an established practice , to use sleepers on the wharf for dunnage. There was no evidence, as Mr Burnard said, ol any criminal intention on the part or the defendant, and the only course open to His Worship was to dischaigo the accused, which he accordingly did. ' \