CARGO BROACHING.

Lyttelton Times, Volume CXV, Issue 16487, 28 February 1914, Page 9

CARGO BROACHING.

THEFT OF BRANDY AT LYTTELTON. HEARING OF THE CASES. RESUMED. CHARGES AGAINST TWO MEN DISMISSED. Tlie adjourned hearing,of tho charges against Andrew James Berry and Walter John Cattle, for the theft on February 6, at Lyttelton, of nine bottles of brandy, valued at £2 ss, the property of the New Zealand Government, was resumed at Lyttelton yesterday before Captain R. Hatchwell, J.P., and Mr F. W. Anderson, J.P. Accused, who were represented by Mr M. Donnelly, pleaded not guilty. Percy Shirley said he was a tally clerk employed alongside the Kumara. Ho tallied out thirty cases of brandy and none of tho cases were damaged when they were put in the trucks. To Mr Donnelly: The brandy was landed into the trucks about 9.38 a.in. and he did not see them afterwards. William Cogle, wharf labourer, said that he was working in the trucks alongside the Kumara. His duty was to sheet waggons. When doing so he noticed One case open in the bottom of the truck. He reported tho matter to tho wharfinger and night foreman. When the wharfinger examined the case thero were three whole bottles in the case and nine empty straws._ The trucks were loaded in the morning. James Rae M’Hardy said he was a wharf labourer, and was working wit'll Cattle, the latter assisting to sheet up. Witness did not sheet tho truck with the brandy, as it was his business to look after those containing salt. He also saw one case partly opened. Witness asked Cattle what was in the truck and the latter said the best of wine and brandy. Cattle gave witness a hook and witness opened a,’ case and in doing so he split the handle of his hook. Witness took a bottle and handed one also to Cattle. Both then went on working sheeting up. Later wituess met Berry and told him that there was a case of brandy open. Berry asked where, it was. Witness said in the trucks, and Berry got on the truck. Witness did not see the bottle being taken, but Berry had something under his coat, but he could not swear that it was a bottle. Later he had a conversation • with Berry during the dinner hour. Berry told him what he did with the brandy, remarking that he took it to his house.

To Mr Donnelly: He made the present statement on the day of the arrest. Others who had brandy were Beazley, Simpson. Berry. Morris, Cattle, M’lntosh and himself. He had had some drink during the day. To Sergeant Clarkson: He had no doubt that Berry and Cattle got their bottles from the truck. James Morris said he was also working alongside the Kumara. When going down after tea he met M’Hardy near the truck. The latter wa_s under the influence of liquor. Witness saw Berry go into a truck, but could not swear that he actually took something, although in nis opinion Berry took a bottle.

To Mr Donnelly: It was not correct that he took a bottle as stated by M’Hardy. He only pleaded guilty on Monday last “ with the inclination to theft,” as he did not like the risk. He intended to appeal, ns his plea was entered hurriedly and without proper consideration. He did not see Cattle.

To the Bench: Berry was working opposite No. 2 hatch, and the brandy was near No. 4 hatch.

William May said he was wharfinger, and it was M’Hardy’s duty to sheet up the waggons. Berry was working in a gang where the brandy was being discharged. To the Bench: He had no knowledge that brandy was in the trucks. M’Hardy . was not drunk when witness saw him, but was showing some effects of drink.

W. J. P. Matheson, stationmaster, and Christian Frazer M’lntosh also gave evidence. . Detective Martin Carney said that on February 7 Cattle, in answer to a question, said that lie was working with M’Hardy. Cattle then denied all knowledge of tho offence. On February 21 accused was arrested, but made 3io statement. On February 19 witness interviewed Berry, who also denied all knowledge, and refused to answer any questions.

Mr Donnelly, for the defence, argued that the case should be dismissed on the ground that a conviction rested on the evidence of M’Hardy, an accomplice waiting to' be sentenced. He said he could quote authorities to show that a conviction could not be entered on evidence derived from such a source.

The Bench did not agree with this view and Mr Donnelly decided to call evidence.

Sergeant Clarkson said that, whilst recognising in some cases that the principle was unsafe, yet it had to be proved that the evidence- was false. Andrew James Berry said that he had not previously been convicted, and did not steal the brandy. To Sergeant Clarkson: He was on his! way to tea, and had to pass the trucks. It was false for M’Hardy to say that he went into the trucks. At 5 p.m. he was working at No. 1 hatch. John William Pedler, tally clerk, said he was working alongside the Kumara. Ho knew Berry, who was working opposite No. 1 hatch. Witness saw M’Hardy and Berry have a conversation, but Berry walked away without anything happening. Frederick Ward, tally clerk, and R. Loader also gave evidence. Walter John Cattle denied receiving or interfering with brandy, but admitted that M’Hardy borrowed his hook. Witness was not on too friendly terms with M’Hardy. After retiring the Bench dismissed the charge against Cattle and Berry. In the case of M’Hardy, who had pleaded guilty on Monday, .he was convicted and fined £3, and ordered to refund 9s, the value of the brandy.