ALLEGED THEFT OF DOGCART.

Manawatu Herald, Volume XLV, Issue 2617, 9 August 1923, Page 2

ALLEGED THEFT OF DOGCART.

ACCUSED NOT GUILTY OF CRIMINAL INTENT.

Before his Honour Mr Justice Ilosking, at the Palmerston North Supreme Court yesterday, Frank Bloxsome appeared for trial on a charge of stealing a dogcart, the property of Mark Edwin Perreau. The offence was alleged to have taken place at Foxton on or about June 26. There was another charge of receiving the dogcart. Evidence was given for the prosecution by G. T. Woodroofe, H. M. iiies and Constable Owen.

Accused, in evidence, said he had borrowed the gig. To go to Featherston, where he had got a job. He left a note with the clippers when lie returned them, saying that he would pay £7 out of his first wages and £5 per month thereafter. If this was not satisfactory he would return the gig. The river rose after he got to Featljeistou. It was in Hood and prevented his returning the gig to the time he was arrested. G. X. Woodroofe, recalled, said mere was nu note with the clippers when lie found them.

•"‘•Tiie case-is-a somewhat peculiar one,’ remarked his'Hfin&ur, in .summing up. “It is not often that the accused will go into the box and make out a prinia facie case for the Crown. . The jury hail to consider wheiuer Uie accused intended permanently to retam tne gig, for part of tlie crime of theft was the intent to keep the article taken. He thought iocy and the prisoner would agree tnat the man's action in taking the gig was a dangerous one. If they were satisfied that ne did leave a note, that nilgai be something in his xuiuur, hut in Uns connection tiiey had tiie statement of the auctioneer that no noie had been found. If tney were convinced that the man committed tne act with a wicked mind, Lliey should find him guilty out if not they siiouid give inm the benelit of the doubt. me jury returned a verdict that tiie accused was guilty of taking the curt, but not with criminal intent. They recommended that accused make good tiie duiiiuge to the gig. HLis Honour: “I am inclined to think that you have arrived at a fair and proper view of the ease.” In addressing the accused his Honour said:-“You "have had a very close race between liberty gaol. 1 hope you will not thing of the kind again. You Ve still civilly liable for the damage you have caused to the gig, and you hud better come to what terms you can with the auctioneer, and make arrangements with the owner to compensate him”