ALLEGED THEFT OF HEMP.

Manawatu Herald, Volume XXX, Issue 434, 10 September 1908, Page 3

ALLEGED THEFT OF HEMP.

Weller Acquitted.

At the Supreme Court, Palmerston North, yesterday morning, before Mr Justice Chapman, John Weller was charged with the theft of five bales of hemp, valued at on or about June 2nd, from the New Zealand Shipping Company at Foxton.

The following jury were empanelled:—R. Edwards (foreman), H. P. Mortensen, R. Barnes, D. O’Reilly, P. Anderson, R. Tanner, J. Rosanoski, J. M. Bennett, F. L. Jackson, W. Hudson, F. T. Lade), and W. Vautier. >

Mr H. G. Moore appeared for the accused, and Mr C. A. Loughnan for the Crown.

George Phillips, manager of the New Zealand Shipping Company at Foxton, said accused was employed as a casual labourer in the company’s store. They had 24 bales of hemp stored there, and branded “Crown,” which had not been graded when he left. There was one bale and a few hanks other than “Crown” brand, and also a large quantity of damaged fibre from the lonic fire, which was not baled. Witness went to Wellington on June 2nd, and left Reid in charge of the store. Witness returned on the 4th, and on the sth he examined the hemp, and found the quantity alright. When his attention was called to the hemp, he found a difference in the quality of some of the hemp, which was stacked on end. There were three men employed in the shed—Weller, Reid and O’Reilly. Later in the day, two bales were brought in by the police, and three on the following day. Witness examined the bales, and some of the hanks were drawn. It was similar fibre to the “Crown” hemp. Some of the bales contained different sorts of hemp, showing the same difference in colour between the lonic hemp and the “ Crown ” brand.

Cross examined Weller was under Reid and received is 3d an hour in wages. Wiiliam Petrie, hemp grader, remembered being called by the police on June 6th to examine some fibre at Foxtou. Three bales showed that the hanks had been drawn from them. The hemp appeared to be the same as he had graded the day before the “Crown” brand. The light-coloured sample produced corresponded with the “Crown” brand hemp. It was the custom to draw hanks out of bales when grading. He had graded 24 bales. The hemp needed drying, and the bales were opened out and re-baled. He could tell by the way the hanks lay that two of the five bales corresponded with what he had graded. The other three were different. William Collins remembered taking a load of hemp irom the New Zealand Shipping Company’s sheds to Ross’ ropeworks. He was engaged by Weller. There were five bales in the load. On the following Friday he was engaged again to convey the hemp from Ross’ to Rose’s works. He took two bales to a shed at the back of Weller’s. Alexander Ross remembered a conversation with the accused on June 2nd, when accused said he had some hemp for sale. He said it was sent to him by a miller, who was short of cash, and he (accused) was to receive some back wages out of the proceeds. Witness refused to examine the hemp till accused could give him a clean receipt. After a lot of talk, accused asked him to be allowed to leave the hemp at the factory, and he would come back if he could do anything. On the following evening he spoke to witness in the main street, and asked witness to re-consider the offer, but he declined. The five bales would be worth about ,£25. Joseph Rose, flaxmiller, Foxton, related the conversation with cused in regard to purchasing the hemp, but he decided not to buy it.

Walter Reid, storeman, said he was employed with Weller, and they were ordered to dry aud rebale 24 bales of hemp. His evidence was almost inaudible, but was practically a repetition of what has been previously published. He proposed that Weller take certain bales to Ross’ and when Ross refused to take them, he proposed that Weller take them to Rose’s. He (witness) was to get half the proceeds. Witness was then taken by a fainting fit, and had to be removed from the witness box.

Frederick Woods, constable, stated that from information received he went to Rose's mill to enquire about fibre offered for sale by Weller. He went from there to Weller’s house, where he found two bales ot hemp in an out house. He saw Weller at the Shipping Company’s stores. He asked accused where he got the hemp. Accused said it belonged to a miller, and he was not going to disclose his name. He was to receive per bale for selling it. Witness told Weller the five bales came from the New Zealand Shipping Company’s shed. Accused replied Reid would be able to tell witness about it. Witness called Reid over, and when he was talking to Weller and asked him where the five bales came from, Reid said he was down the street, and on his return accused had the five bales at the door of the shed, and he didn’t know how the hemp came into the shed. Not being satisfied with the explanation, he took them both to the police station and charged them with the offence, and accused replied : ’‘l can see through it all now. I have been made a tool of by Reid.” That night witness got a carter to remove the two bales from Weller’s shed. On the following morning he got the other three bales from

Rose’s mill. Witness got the Government grader to examine it.

Cross-examined : Weller did not join in the conversation between Reid and witness. Accused had a good character in Foxtou. Reid was then brought back and continued his evidence. He had told Weller what to say to Rose. The stolen hemp was taken from the “ Crown ” bales and replaced from the lonic hemp, which was near by. The tags were removed from the “ Crown ” hemp. There were 20 or 30 tons of lonic hemp in the shed. Weller knew they were going to sell the five bales on shares.

Cross - examined : Weller had only been a few days in the shed, and did not think he knew much about hemp. In the Lower Court he told them Weller had come back to help mix and bale the hemp. He did not tell accused he had had a bad month’s gambling. He only played cards lor drinks. He did not tell Weller he had won money from a flaxmiller and had been given the bales in payment. He admitted asking Weller to plead guilty, ami he would get off with probation. He did not say he promised accused £i a bale to sell the hemp. This ended the case for the C: o .vn. Fur the defence Mr Moore called

John Weller, the accused, who stated he was a casual hand at the stores, and Reid was the loreman. On the Monday before Mr Phillips went away he was spoken to by Reid, who told witness he had had a bad run at cards, aud that a miller owed him £2O or £2l, and not having the money to pay was sending in a ton of hemp, and could witness sell it for him. Witness said he would try, and Reid said he would give witness £1 per bale commission if the hemp was sold. That was on the way to work on Monday morning. Reid said Ross was the best man to go to. Witness went to see Ross and offered him the bales. Ross told him to send it round to the rope works. Witness took it round, had it weighed and left it at the rope works. Collins was the carter employed. Witness saw Ross again at night, and Ross then said he could not take it without a clean receipt. Witness told Ross the story concocted by Reid, aud added that he (Ross) knew well that witness could not afford to buy the hemp. Reid then suggested that Rose be seen. Witness then saw Rose about the matter, and asked that the hemp be sent round for inspection but on it being delivered be refused to receive it. Left three bales at Rose’s mill and took two to his own house. Left word at the mill where the other two bales were. The next he heard was when Constable Woods called. Witness referred the constable to Reid, but didn’t hear the conversation that passed between them. He didn’t know he was arrested till he got to the police station.

Cross-examined : Reid did not tell witness he had cut the tags off, but that the miller from whom he had won the money bad not put the tags on. Albert Hendrickson said he was working at the Shipping Company’s store in June. He knew Weller, who was in the habit of going home for lunch every day. There was only one day on which he did not remember seeing accused go home at lunch, but on witness’ return to the shed on that occasion he saw accused smoking on the river bank.

Michael O’Reilly knew the sheds well. He said the noise of the working machinery would prevent any conversation going on outside being beard in the shed. Oliver Austin, flaxmiller, knew the accused well. He bore a good reputation. Witness was present at a conversation between Weller and Reid after their arrest. Reid said he had told the constable he was going to plead guilty, and witness advised accused to do the same if he were implicated. Accused replied, “No, I’m not guilty, and I don’t intend to plead guilty.” Then witness asked Reid if it were true the accused was getting a pound a bale commission. Reid replied in the affirmative. Cross-examined: Witness did not remember having any conversation with Weller or Reid previous to the one in question. Witness didn’t remember where he first heard that Weller was to get £1 commission. This closed the case for the defence. The Judge’s summing up was in accused’s favour, and the jury, after a brief retirement, brought in an unanimous verdict of “ Not Guilty. ’ ’