TOOK FRIEND’S GOODS

Sun (Auckland), Volume III, Issue 872, 16 January 1930, Page 9

TOOK FRIEND’S GOODS

FINED FOR TECHNICAL THEFT WAIHI MAN CONVICTED From Our Own Correspondent WAIHI, Wednesday. Appearing on remand, three wellknown residents—Charles Arnold Higgs, 28, abattoir 'manager; Charles Howard Kennerley, 56, pig dealer; and Claude Haines, 21, labourer —faced Messrs. R. C. IX Lightbourne and J. Murray, J.P.’s, in the Waihi Police Court today, when they were charged with having, on or about July 30, broken and entered the premises of John Desmond Ryan, a farmer, of Waihi, and stolen an anvil, three coils of barbed wire and a shovel, of a total value of £4 15s, the property of Ryan. Haines was also charged with being an idle and disorderly person in that, he had insufficient visible means of support. All three pleaded not guilty to the charges. Sergeant D. L. Caldwell prosecuted, Mr. J. B. Beeche appeared for Haines, and Mr. J. F. Strang, of Hamilton, represented Higgs and Kennerley. The charge of breaking and entering was later reduced to common theft. Lengthy evidence was heard, and it was admitted that Kennerley had done a considerable amount of work for Ryan for which he had not been paid in full.

Kennerley stated that Ryan had given him permission to make use of any materials and implements on his property, from which he was absent for a considerable period, and this was born© out by several other witnesses. Ryan said that had he known that it was Kennerley who had removed the articles he would not have complained to the police. Higgs and Haines held that they had helped Kennerley to romove the goods at his invitation, not suspecting that he had no right to them.

The Bench said it recognised that Higgs and Haines were more or less innocent parties to what appeared to be a technical theft on the part of Kennerley, and the charge against them of stealing would be dismissed. With regard to the other defendant, the Bench was not satisfied. Kennerley had had the articles in his possession for six months, and had had ample time to have told Ryan that he had taken them. He had, more or less, taken the law into his own hands, and had thereby committed theft. Kennerley was convicted and fined £1 and costs. In regard to the other charge against Haines, who had been in custody for a week, the sergeant said he would offer no evidence, as the accused had had his lesson, and the case was dismissed.