ALLEGED THEFT

Rotorua Morning Post, Volume 1, Issue 155, 23 February 1932, Page 6

ALLEGED THEFT

MAGISTRATE DISMISSES CHARGE AGAINST EMPLOYEE SALE OF LOAD OF POSTS After the police had remarked that apparently the informant had been doing a "bit of guessing," Mr. S. L. Paterson, S.M., in the Rotorua Magistrate's Court yesterday morning, dismissed a charge of theft brought against James Ogden, a young post contractor, of Rotorua. Ogden was charged with the theft of 135 posts, the property of George Robertson, but after the magistrate had heard Robertson's account of the affair, he cut short the case. Senior-Sergeant Carroll stated that Ogden had been employed by Robertson and had left Taupo with a load of posts and a lorry belonging to his employer. He had been given instructions to dispose of the posts in the Matamata -"district, and had to carry out the saies himself and return the proceeds, less running costs and expenses, to Robertson. Ogden had gone off, but when he had failed to return with the truck or the money, Robertson had notified the police. A day or two later, however, Robertson had again notified the police that Ogden had returned and that he desired to withdraw the information. However, the police had made inquir'es and discovered that Ogden had sold two lots of posts for £9 ; he had made the excuse that the lorry had brolcen down. He would put Robertson in the box and let him give his explanation to his Worship. George Robertson, in evidence, said that he had known the accused for the past 18 months. He had instructed him to take a load of 135 posts on a lorry and endeavour to sell them round the Matamata district. Ogden was to sell the posts and deduct running and other expenses.

Seen Near Taupo The Senior-Sergeant: What led you to make the statement that the accused had failed to return and had cleared out with the truck? — I was told that the truck had been seen in Taupo, and had also been seen on the Taupo-Nauier road about 50 miles from Napier. That was eight days after Ogden left. Were you aware that Ogden had telephoned your wife and asked her to send through some parts for the truck? — Yes. And in spite of that, you said that he had cleared out? — Well, on the information I had been given, I thought •h-iaf via vinrl

Then why did you want to withdraw the information? — I told the nolice on the Saturday, and the truck returned on the Sunday. Did you make any inquiries as to whether he had sold any posts around Matamata? — I rang up the garage there and they said that he had had some trouble. He gave me 24 out of the £9. The Sergeant: You did a good deal of guessing, I think. Constable Brown, in evidence, said 'hat when questioned, Ogden had made a statement in which he had ^aid that he had sold two lots of 50 vmsts for £9. He had had engine trouble with the truck, which had ielaved him considerably, and he had ^urg his employer's wife in Rotorua and asked her to send some part= through. On one night, he had slept ;n the truck. Ogden denied that he had been anywhere in the Taupo district, but said he had sold the post? around Tirau and Matamata. He had handed Robertson £4 — the balance of the £9 had been expended upon benzine, oil. repairs and expenses. At this stage the magistrate dismissed the case.