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THE MISSING FIREWOOD.

CONVICTION AND FINE. Three Shannon residents William Slavter Gardner, Henry Coyle and See Curtis —were charged at -the Magistrate’s Court at Palmerston N• yesterday, before Air J. L. Stout, .r .•» with the theft of wood valued at 10s from Fred Buckman and another lot valued at 30s from Harold E. Hook. The offences were alleged to have been committed between August 18th and ’’lst The three accused who were represented by Mr 11. R. Cooper,'•pleaded not guilty. Harold Hook, hairdresser, of shannon, told the Magistrate that he and another man cut three-quarters . of a cord of rata, placing it on the side of the road for removnl [later. When Hicy went back for tlic wood, howevei. it had gone. A few days later he disc overed it in Gardner’s yard identifying it by the length, a split in the tree which, had been cut up, wedge marks —the wedge had a large piece out of it —and split ends to the pieces. Gardner had been cutting rata and tawa further up the road. Andrew Edward Sands, who helped Hook to cup up his rata, gave corroborative evidence.

Frederick Buckman, of'Shannon, stated that he haid cut quarter of a cord c-f green rata, J leaving it stacked near the road. When he went back to load it it had all gone. He was of the opinion that a few pieces lie saw later in Gardner’s yard was some of that which he nad cut. He identified it by the saw cuts and general appearance of the wood.

To Air Cooper: Gardner and Coyle had been working at tbe same tree and had given witness what was left. Constable Blaikie, of Shannon, stated that Hook and Sands identified three pieces of the wood iff Gardner’s yard, as theirs by the wedge marks. The wedge fitted the marks exactly. Gardner, when asked, said he was not prepared to make any statement. Later lie visited the spot where Gardner and Coyle were working and could find no wood similar to that claimed by Hook mid Buckman. Furthermore, Gardner and Coyle’s wedges were in good order. He" saw Curtis later and ascertained that he had carted wood for Gardner and Coyle. The wood was taken from the side of the road, Curtis said, from a spot about a quarter of a mile from where Hook had been working. Coyle and Gardner helped Curtis to load it. Constable Shannon, of Shannon, also o-ave evidence on similar lines. Gardner claimed the wood as his. This concluded the evidence for the prosecution. Air Cooper contended that there was no evidence against Curtis, and he asked that the charge against him be not proceeded with, to which the Magistrate agreed. The evidence against Gardner and Coyle, said Air Cooper, was merely a question of the identification of the wood, the mark made by the wedge being the chief means of identification, tie contended that the mark could be made by any' wedge which had a notch in it.

The ScnioiqScrgeant: Produce the. wedge. Air Cooper: It is not for mo to pro duce the wedge. „ % .... THE I EFENCE. William Slayter Gardner, wood-cut-ter, of Shannon, in evidence said that Simpson brought some two-foot lengths from the tree which lie (witness) subsequently gave vo Bucftman, the wood later being taken from witness’s yard. At no time had witness taken wood belonging to Buckman. Witness did not know where liook was cutting wood, although lie knew that Hook was going .uvay every Sunday and cutting wood somewhere. He was of the opinion ihat any wedge which had been used in the bush for a time would become chipped and make a mark in the wood similar to the mark made by the wedge in the wood which was under identification.

Cross-examined by Senior-Sergeant O’Grady witness insisted that although the wedge (produced) fitted the mark in the log (also produced) that was insufficient evidence that the mark could not be made by any wedge. It would be quite possible in his opinion to get two pieces of wood to fit together as die two in Court did.

To Air Cooper witness said that he had no opportunity of producing any wedge. Constable Blaikie had never asked him at any time whether he had any wedges that would make a similar mark. No wood other than that carted by Simpson and Curtis had been brought into Ins yard.

Henry Coyle, partner of the previous witness" gave corroborative evidence. To the Senior-Sergeant he said that he would use the wedge with the notch in it if he could get nothing else. Joseph Simpson, motor lorry driver, of Shannon, gave evidence that he carttod wood for Gardner and Coyle. He also carted wood for Hook, wood which in his opinion was not worth carting, being wet and sodden. James Curtis, also a lorry driver, deposed to having carted a load of wood for Gardner. He also carted one load for Hook some time ago. This concluded the ease for the defence.

His Worship, in summing up, contended that the evidence against Coyle was insufficient to convict him, and the charge would be dismissed. Regarding the identification of the wood he said that it was possible that neople who were not dealing in a wholesale manner in wood cutting would be able to identify any wood they cut. There was no doubt that the wood found in Gardner’s yard belonged to Hook, as it was hardly possible that another wedge would fit the mark so exactly. “It seems to me,’’ 3aid Mr. Stout, “that people passing up and down the Mangahao road are not particular whose wood they take. This is not the first case, of the kind which has been before me.” - Gardner was fined £o on each charge,

with £2 3s witness’s expenses in the case of Buckman. The case was not one for imprisonment.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/SNEWS19270920.2.9

Bibliographic details
Ngā taipitopito pukapuka

Shannon News, 20 September 1927, Page 3

Word count
Tapeke kupu
983

THE MISSING FIREWOOD. Shannon News, 20 September 1927, Page 3

THE MISSING FIREWOOD. Shannon News, 20 September 1927, Page 3

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