MAGISTRATE’S COURT

Hokitika Guardian, 28 March 1933, Page 3

MAGISTRATE’S COURT

VARIOUS CHARGES

GR-EYMOUTH, March 28

At the Magistrate’s Court yesterday, business dealt with by. Mr W. Melclruni, S.M., included .the following:—

THEFT CHARGE

Arthur John MuNickol, a railway porter, 'appeared on remand, to an-, sw-ea* a cliarge that at .Greymouth- o-n February 22,. he did steal one parcel; of cigarettes, valued at .£5, .the property of the Railway .Department.

Defendant, who was.represented, by Mr T. F. Brosnan pleaded guilty, and elected to bo dealt with summarily.

Senior Sergeant Roach said that the parcel wa-s loaded. on to a wagon al Christchurch ron. February 21, and consigned -to Rugg and Co. The sea’. was broken at. Arthur Pas-’., and good* were taken from the Waggon there, and . at.; . other, stations.: en. route to Grcymouth., The seal . w?s again broken at Grey mouth at 6.35. a.m., and the,waggon was left open for ar. hour , in. charge of .the foreman, at the Grey-mouth goods shed. The a<j cured took advantage of the temporary absence of the foreman to steal the parcel which lie ,hid under a loading bench,. He removed the packets from one, tin .and concealed ;them in. h ; : pockets. An. , exhaustive search was made, ..but lio trace could be found, and, consequently,rail''those along tlir line who had had anything to do with the waggon,or the goods were placed, more or less, under suspicion;r-"Ftsm-something Sergeant Hcdgins heard tha. : accused, .was-questioned, and ul - timately admitted - the, theft, though he, iit..fip-,t.,denied all knowledge .of it. All . except .32 packets. had ■•been--- recovered. :The. Senior-Sergeant mention, ed that several eases of;pillaging lire 1 had been reported from the Greynioutl Railway Station recently, hut it wa" not. si;ggcided- that the .accused hatanything to do with them. ‘*l’o -sliov what sort -cf a man he is,” -gaicl tin Senior-Sergeant, “he picked up a pur: c containing a-string■-of -beads (nil pro-duced):-during--the course of his dutie at the Railway Station a couple o 1 months ago, and instead cf reporting his find to the -stationmaster, as wa-his-job, lie took the purse home, and said no, more about it. There is no doubt’that the man is weak,” lie concluded, “and not fit for that sort of work.”

Defendant wag- remanded until this morning, pending receipt of the Probation -Officer’s report, bail being renewed in self £2O and one surety of £2O. An order was made for the return of the remaining cigaretets to the Department.

RESERVED DECISION GIVEN

. Giving his reserved decision in the enseg-in which Arthur Good a 11, 60,-mid George Thomas Getfdall, 28, were the • defendants, the S.M. s-id tlfat. with rpgarcl to the charge against George Thomas a, vagabond, defendant would be convicted of ’ that effence. The charge against Arthur Goodall, of aiding in the- commission of the offence, would be dismissed. The two accused had elected to be tried by a iurv on the charge of stealing of Sotlieran’s Ltd., ard there was a, further charge of stealing timber valued at £.2, the' property of Stratford Blair and Co. In the graver ease, the jury one, was no explanation by George Thomas Goodall as -to how the timber came to he found on his property. Evidence of identification of the time hod been g’ven and seemed to prove clearly that the timber was orginallv the property of Rothe rail's and Stratford,. Blair’s. All the tiinber was found on the ivopertv of George Thomas Goodall. There- was- not sufficient- evidence to convict Arthur Goodall of either receiving or stealing the timber. The charges against him would ho dismissed. but on the oh-orge of stealing Rothoron’s timber, George Thomas Goodall would ho committed for trial. On the second charge of, stealing .timber valued n’t £2, the property of Stratford Blab-. and Co., there was again mot sufficient evidence to-, con-vict-..-Arthur. GeodalL. George Thomas Goodall would-be convicted of stealing th° timber valued, at £2.-,

Permission wits granted Mr Brosnnn to withdraw the. original idea of not, guilty,-. made by George Thorr.ce Good-

all, on .the graver theft charge, and so .rave him dealt with summarily.-: ,7 In reply’ to Mr Brosnan,..the BepiorJergv.uiit stated . that £4 19s costs, would .be applied foe, including .lbs ,or the cartage of., the timber. - ? Mr Bros nail said that the accused, George Thomas Goodall, was agedonly 28, and. had .-had no pievioiis con<iccion, for theft. He, had, - however, been coiiyieted-,. for,., being oil,, enclosed u eiinses withouq lawful excuse, but ohat was only a t technical offence, ..as the premises- m< tli-at-'case ‘ wPfd i ‘"' ,, tlie jivUniping Baths,, and he had merely .'limbed .in.-befpre the Batins were op.iii,:d ..for. .;i :swim- v :. With regard to the clie-ft cliarge, the fact that Goodall .vag.found in■.-possession of- only 350.bet of. timber,, and that 700 feet were ''missing, .showed tiiar the defendant was not the only-one- taking it. At present he-was unemployed, and .one of ■ r large family, to- a- certain extent dependent on. the father. For several nidnth-s • the -defendant had led an active life as. a carpenter, and lie submitted- that it- was the demoralising nfluence of unemployment ~ that had icen • the cause of - his lapse. , The defendant had not a- ■ criminal, mind. The S.M. said it was not-a case in which lie could grant probation, as there were s two previous convictions, me for assault, and the other for being without lawful excuse on enclosed Premises. On the charge of stealing timber valued at £4 4s, George. Ihomas Goodall would be convicted and fined fio, and -ordered, to pay £4 19s wit-, lesii’ exnenses,. in default 14 days •_ imprisonment. The case against. Arthur Goodall would be dismissed. On the •barge of stealing, timber valued at :;2, George Thomas Goodall would be ■ronvicted and fined £2 10s, in default ■even days’ imprisonment. The charge against Arthur Goodall would be missed. -0:a.. ; the. .charge -of being a rogue and ■ -vagabond,. George 1 homas Goodall would be,.convicted-and. fined. £2, in default seven days’. imprisonment. The charge of aiding,.in the commission of the latter offence, aoainsfc -Arthur Goodall, -would bo dismissed. Six weeks were allowed foi payment* and..an-order wiis made for the . return of .the' stoleir. timber.. -