"FINDERS KEEPERS"

Rotorua Morning Post, Volume 2, Issue 380, 15 November 1932, Page 6

"FINDERS KEEPERS"

a cycle case BENCH DISMISSES CHARGE OF THEFT AGAINST MAORI A ROTORUA ACTION An unusual theft charge was heard in the Rotorua Magistrate's Court yesterday morning when a Maori was charged with stealing a bicycle which he stated he had found in the Kuirau Reserve, and having advertised it as found and received no claim of ownership, sold it to another native. The defendant in the case was George Matthews, a relief worker, who was charged with the theft of the cycle. After hearing evidence, Mr. S. L. Paterson, S.M., dismissed the charge. Mr. R. A. Potter, for defendant, pleaded not guilty and elected to abide upon summary jurisdiction. Senior-Sergeant Carroll, said that a man named Jensen had left his cycle outside his shop in Tutanekai Street. It was removed and he went to the police and reported his loss. On Saturday, a native came to the police station and said that "he had purchased a cycle which he found had been stolen. It proved to be identical with Jensen's machine. Matthews said that he had found it in the Eluirau Reserve, that he had advertised it and thought it was his when he sold it. Owner's Evidence Christian L. A. Jensen described the place where he had lost his cycle and said he had not seen the advertisement in the "Morning Post." Wiremu Kingi, a native, gave evidence that he had been approached by Matthews to buy a cycle and he purchased the one in court for £1 5s. Matthews gave him a receipt Witness was suspicious because the price was so low and took it to the police station and found that it was a stolen cycle. Matthews was a stranger to him. To Mr. Potter: Matthews did not say where the cycle had eome from or why he wanted to sell it. Constable Roberts gave evidence that the last witness had ealled at the station and brought a cycle saying that he feared that there was something wrong about it owing to the low price. Witness and the Maori went out and found Matthews who made a statement that he had found the cycle near the soda pool in the Emirau Reserve. He had taken it home and advertised it as found in the "Morning Post." He had no reply and rode the cycle for some time to work. There were a lot of cycles missing recently and these were reported to the police. To Mr. Potter: Witness knew nothing of accused. He had not reported the finding of the cycle. Defendant's Prfecautions Mr. Potter said that accused had advertised the cycle as found and had not disposed of the cycle for three weeks afterwards. He had one reply to the advertisement, but that was not the owner. He though that as he had failed to find the owner he was entitled to dispose of the cycle. There was an absolute absence of wilful intent. George Matthews, defendant, gave evidence on the lines of his counsel's statement. He had spoken of his find to many of his mates, but had totally failed to find the owner. He had not in anyway attempted to disguise the cycle. To Senior-Sergeant Carroll: He had no reason why he had taken the cycle from the reserve when he found it. However, he would not have refused a reward if one had been offered. Witness admitted a conviction in May, 1926, for theft. In answer to Mr. Potter witness stated that he was at Horohoro on •October 15, the day when the cycle was stolen. L. H. Gresham, secretary of the "Rotorua Morning Post," testified to Matthews having inserted the advertisement. ; The bench ordered the cycle to be returned to the owner and dismissed the case.