COMMANDEERING COAL.

Pukekohe & Waiuku Times, Volume 5, Issue 201, 18 August 1916, Page 3

COMMANDEERING COAL.

Charge of Theft Dismissed

At the Pukekohe Magistrate's Court yesterday, before Mr F. V. Frazer, S.M., William Henry Guest, a Pukekohe carter and coal-dealer, was charged with having on August Bth stoled 7cwt. of coal, valued at 8b 9d, and on August 9th half a ton of coal, valued at 12s 6d, the property of the Pukekohe Borough Council. The accused, who pleaded "Mot Guilty," was represented by Mr J. G. fladdow.

I The tacts of the case were admitted, viz., that Guest was em'p!o>et to cart the coal fjr the Council from the railway station to the power house, hut that on the dates in question he served two of his customers with cnal taken out of the Cuurcil's truck. The removal and delivery rf the coal on the 9th inst. were watched, unknown to GiKst, by Mr S. Clewr, the Foreman of Works, bat when the accused was arrrsted he signed a statement to the police that the coal in question had been taken from his own yard and that on no occasion had he delivered to any of his customer? any of the Council's coal. Subsequent police investigations, however, proved that also on the Bth inst. another delivery of the Council's cual to one of his customers had been carried out by the accused.

Mr W. Wyatt, Waterworks Engineer, gave evidence as to having arranged frr a watch to be kept on the Council's) trucks of coal at tbe railway station as the measurements of coal be bad taken at the power house indicated that after iraking reasonable deductions for loss in transit, etc., the coal used at the power house over a period of six months was some nine tons less than the amount shown by the waybills.—ln rely to Mr Haddow the witness stated that be did not actually weigh the coal used at tbe power station, but judged its weight by means of a kerosene tin, which he reckoned held 32lbt>, a tally being kept of every kerosene tin, containing coal, aa used. Further questioned by Mr Haddow the witness considered tbat tins, with their aides bulged out with constant use, would hold the same quantty of coal as when new and intact. He did cot suggest that Guest waa the shortage of thn nine tone ot coal.

The defence was that as a truck of coal he had on order had not arrived, Guest took the Council's coal for the convenience of his customers, intending on the arrival ot hia truck to cart to the power house a quantity similar to that be had taken. In the witness box the accused made the explanation that on his arrest he was so upset by the charge brought against him that he made incorrect statements.

Evidence as to the accused's good character was given by Messrs C. K. Lawric, M. Wright, J. Coady, W. T. Jores and C. Cooper (Cooper and Curd), whilst James Levans, a carter emploved by Messrs F. Perkins and Co., and A. Neallv, a driver in Guest's employ, both deposed that when the accused was removing the coal he told them that it belonged to the Council The Magistrate said that with the exception ot the statement given to the police there was nothing in the evidence on which a Court would be justified in convicting the accused of theft. It was not, however, a proper proceeding tor Guest to have taken the coal without first having obttiintd permission and a carter had no right to appropriate the goods of his client. He (the Magistrate) thought that the false statement the accused made to the police was really due to fear. The accused was a n,an who had a gond reputation for honesty and he would dismiss the charge, but accused had had a narrow shave and it should be a warning to him not to again take other people's coal without [obtaining their permission.