DREW HIS PAY TWICE.

Pukekohe & Waiuku Times, Volume 5, Issue 144, 11 February 1916, Page 2

DREW HIS PAY TWICE.

Charge of Theft Dismissed.

A case, having somewhat peculiar features, was beard before Mr E Fag-, S.M., at the Pukekobe Magistrate's Court yesterday, when Francis Charles Fleming, a labourer in the employ of the Railway Department who had been working in tbe vicinity of Pukekobe, was charged with tbe theft' of £2 I9s, the property of ths. New Zealand Government Railways. The accused only 1- ft Pukekohe by the early train yesterday morning and had proceeded to Otahuhu preparatory to reporting himself at the Defence Office at Hamilton tor service as N.C.O. with a Keinfo:cement Draft

When he was called on accused said he technically pleaded guilty, although he did not consider that he had actually committed theft. Mr J (i Haddow, barrister, who was in Court, thereupon offered to defend the tccured free of fee, and with the Magistrate's consent the case was put back until after the luncheon interval, the accused withdrawing his plea of guilty. Constable Moss gave evidence as to having arrested the accused outside the Criterion Hotel, Otahuhu, in consequence of a telephonic communication from the Pukekohe Stationmaster to the Stationmaster at Otahuhu. Accused admitted that he had received niouey from the Railway Department at Pukekohe, both the p'evious evening ar.d also that morning, but he said tha'. before receiving the second amount the Department was owing him 14s odd. Witness asked him about the balance, viz, the difference between tbe 14s and the £2 19s which he had received, and he replied, "I suppose 1 should not have taken it." He went on to say that while standing on tbe Pukekohe railway platform that morning he was called into the office by a "young chap" who said that (hi itationmnster wanted him. The "yojng chap" asked him if he received his wage;, and he replied in the negative, but be qialihed himself by saying that there was 14s due to him. Accused added, "1 suppose 1 was a fool. 1 don't know why J did it. 1 shouM not have done it." Accused then handed him li st £2 10s and then 9s. Witness arrested him on the charge of theft and brought bim on to Pukekohe. Mr Haddow claimed (hit accused had acted openly in the matter, and that he had not tried to conceal anything connected therewith. Accused had apparently elected ti hand tne money back to tbe Stationmaster at Pukekobe instead of handing it t) the Stationmaster at Otahuhu or any other railway official

Sergeant Cowan stated in answer to a question put by tbe Magistrate that accused was entitled tu thirteen bours pay by the Railway Department Constable Muss stated in aoswer to the Magistrate that accused had informed him at Otahuhu that he had M get his ticket at Otahuhu tor a Military Training Camp, and that his Bwag was toere, at Utahuhu Norman Robson, chief clsik I'ukekohe Railway Goods Department, gave evidence as to having paid the accused bis wages on Wednesday eveniug, and submitted the receipt.—By 'Mr Haddow: Accused went to him for his wages because the Stationmaster did not have the key ol the safe at the railway station Jack Francis, clerk at the fukekohfl railway station, also gave evidence ot having paid the accused thai morning. He bad the unsigned wages sheets in the office and Baw the accused on the platform and asked him if he had received his wages, and he replied that be bad not. The accuse J only had sufficient time to catch the train, that was leaving for Otahuhu after he paid him the money. He purchased his ticket before be was paid. —By Mr Haddow: There was no question of amount made at the payment, He believed the Department owed accused 14s or 15s. He was very busy at tbe time when tbe accused came in the office. He was issuing tickets and the train had just arrived. The accused might have aaid when he, witness, enquired if he haJ received his wages, "not all." Mr Haddiw contended th it the evidence showed that the accused had received more money than he was entitled to, but nevertheless it dri not establish that he intended to deprive the Department of it. He did not ask for tin money Th 3 fact that he did not mention the matter to tha Stationmaster at Otihubu cr to any railway official on the tram that he travelled to Otahuhu on was not evidence of an intention on his part to keep the money. He submitted that defendant might have intended to hand it over t) the Department on reaching I'ukekohe on his way to Hamilton. He had been quite frank in the matter

At bis owu request the acoised was put on oath and said that when he was asked by the clerk at the station if he had received his wages he replied " not all." He took the uiot'ey ollered hiiu and boarded the train immediately. A mistake had been made but he knew that the stationmaster would not have liked him to " bellow "it about —By Mr Haddow: He had served as a noncommissioned officer in the Imperial Army for seven years and was on active service in the Boer war He had been accepted as a non-commissioned ollicor for a draft of Reinforcements. —By Sergeant Cowan : He was in South Australia in 1900 but did not have a wife there and was not " wanted " there He had never worked at limo kilns at Warkworth.

The Magistrate said that the defendant was charged with stealing I''J l'.is. Tho facts wore not in dispute. Ho was owed two sums by tho Railway Department, 0119 amount of which was Ms. He had resigned from the Department and enlisted and was paid £2 lits on Wednesday evening and that morning he was asked if he had been paid and the clerk said that ho replied in tho negative, while lie claims that he said ' not all." However, that was not very material Everything was in a bustle when he receivod the money and it was not possible to say that lie had committed Ihofr, Imt. ho should have rectified the misUko earlier.

Accused was discharged, the money to bo repaid to the Department and Fleming to receive the 14s.