"CRUSHED AND CRUSHED"

Hawke's Bay Herald-Tribune, Issue 62, 31 March 1937, Page 5

"CRUSHED AND CRUSHED"

Aceused's Plea on Theft Charge HIS 66TH CONVICTION 4 4 You are khown as oue of the most learned magistrates in New Zealand, and I'm going to ask you for a chance," said William Adolphns Cunningham, of Napier, woolclasser, with a record of 65 previous convictions, as he condueted a vigorous defence against a charge pf theft when he ^appeared before Mr. j, MiUer, S.M., in the Napier Magistrate's Court this morning. He was charged with stealing a pair of boots and a quantity of clothing valued at £2, the property of John Canavan. The prosecution was condueted by Detective-Sergeant H* Nuttall. Canavan, said Detetcive-Sergeant Nuttall, arrived in Napier on March 16 from Wairarapa and left his swag at the railway station. He had several drinks with Cunningham, and when he ^Yent with him to the station to collect the swag he walked away with it. A pair of boots from the swag were sold to a dealer in Napier. John Canavan gave evidenee to this efl?ect, and was vigorously cross-examin-ed by accused. Aceused: When did you leave Masterton? Witness; On Tuesday. Will you tell his Worship fhe name of the constable who ohased you out of Masterton I— "1 wasn't." Were you drinkihg in Masterton? — 44No." You've gone through a pretty gruelling medical treatment at the gaol, haven 't you?— 440h, no: I wasn't too bad." But were you yelling and carrying on at the gaol and annoying me? — "No." Had you been drinking methylated spirits the day you were arrestedf— "No." You'd taken it with me, I know. hadn't you?— 4No," Did you think it was port wine you were drinking? — "I don't drink methylated spirits*" Do you xemember going to the St. Patrick's concert and refusing to pay the man at the door?44 — No." You don't remember enuch about what happened, do you?— 44I was quite sober when I went to the Station."

Thomas Hayes, elerk at the Napier station, described the visit of the accused and Canavan to the station. Canavan could not find the ticket, and accused at flrst refused to try to do no, saying that he was too honourable to search a man's pockets. He later found the ticket, and afterwards took the swag away. Evidenee that aceused had sold, a pair of boots to him was given by James McCallum, of Napier, dealer. The hext day he tried to sell some blankets, but witness refused to buy theen, as he had been told they were the property of Canavan. Accused stated in evidenee that he had been asked by Canavan to sell the boots. They got 5/- for them, which was spent in drinking. Witness did not say anything about the swag, although they had been drinking together for a week. 4 4 He was so stupid that not two kotels in Napier would serve him," accused added. 44I had to buy bottles iu the end and give them to him on the Parade. The night he was arrested he had been drinking methylated spirits." Further grievances wCre aired when the deteetive-sergeant placed accused 's 65 previous appearances in Court before him. The accused said he had not had a chanee to do any work beeause he was always being put in gaol. "He has had 65 previous convictions." said the sergeant. "This man is continually in and out of gaol. He is f ast qualifying to be classed as an habitual criminal. The next time he appears in the Supreme Court this may be done." 4 ' 1 'Ve been crushed and crUshed and crushed all the timo," protested Cunningham. "Here is a case of two dxunken men, and I'm going to be crushed again. There 's not a serious charge in the lot." The Bench stated that it was not satisfied with the explanatiOn, and sent aceused One© mere to gaol— ^thiS i timo for .two months.