CAR “BORROWING”

Hawke's Bay Tribune, Volume XVII, 28 November 1927, Page 5

CAR “BORROWING”

A CASE FROM TUTIBA. TWO MEN INVOLVED A rather unusual case was heard al the Napier Gouri, today before Mr A. M. Mow Icm. S.M. when Thomas Raton -Moir (Mr Bogers) gauger of lutira. was charged with unlawfully converting to his own use ut Tutiru on October 2 a motor car valued at £l5O, the property of A. It. farmer, of Hastings. Arising out of tho same case, Thomas Vincent Horno (Mr H. B. Lusk), who was similarly charged, pleaded guilty to a technical alienee. A. R. Farmer, stated that he left his car on tho roadside beyond lutira and found later that the petrol in the tank hud been used. Witness subsequently interviewed Moir about the car. wnen he denied all knowledge of it. He, however, offered witness 10s to settle the matter us no did not want any trouble. No one bad any authority to use the cur. , Thomas. Vincent Horne, of Hastings stated that ho was employed by tho Public Works Department at Tutira, and the accused was his “boss.” Witness said that on the day in question Moir said he was not feeling well and would like to go down to the store. Witness replied that ho could not take him on his motor cycle on account of the bad road and not having a light. Witness snortly after proceeded to tho next camp. He had only arrived there about half-an-hour when he received a message tnat Moir wanted to see him. Several of the men at the camp suggested that he should tako Moir down to the store in a car which was pointed out to him and ho did so. afterwards returning the car to where no bad found it. Moir knew the owner of the car and said ho would settle with him the neyt day. Later witness heard that there was some trouble about the car so went and saw Farmer who wanted £3 as compensation. Moir, in evidence, said that he did not know at the time that the car in which Home drove him down to the store belonged to Farmer. When witness asked' Horne where he got the car he said. “Down the road.” Witness denied that he knew that the car belonged to Farmer, and that he had any conversation as to fixing up with him about it the next day. He admitted having a ride in the car and, further, with offering a note which may have been 10/. or £5 to Farmer when the latter seemed rather upset. “It is clear that Horne took the car, but no doubt because the lamp on his motor-cyclt was not working,’’ said His Worship. “It is also perfectly plain that Moir knew how Horne got the car. and that he intended to ‘square’ with Farmer if he were annoyed about it. Both defendants have done wrong and wilL-be convicted and fined £2. tho costs again Moir being £3 16s anj against Horno 10s.