ALLEGED THEFT.

Taranaki Daily News, Volume LV, Issue 172, 7 December 1912, Page 6

ALLEGED THEFT.

A CIIKAI' (?) BICWLE

TTXIJSI\\L CI KUUMS'IY.NCKS.

A charge of llic.fi, was preferred against a young man. named Leo Joseph Charles Thornton in the Magistrate's Court yesterday morning before Mr. A. Crooke, S.M.

The charge was (hat on or about November 23 last, at New Plymouth, he committor! the theft of a bicycle valued at £7 10s, the properly of Edwin May. The accused, who elected to be tried summarily, pleaded not'guilty, and was defended bv Mr. A. If. Johnstone.

Edwin May, baker, carrying on business in New Plymouth, said that the accused had been working about his place on the Wednesday, Thursday and Friday immediately preceding November 23, the date of the alleged theft. The bicycle which had been stolen had been purchased by witness about two years ago. It was a Royal Swift, and the number was 11007. The bicycle was missed from his residence on Sunday morning, November 24. Witness also had a man named Hansen working for him, and on the 28th, as the result of certain information, lie visited Hansen's house. There he saw his bicycle (produced in Court). The mud-guard had been removed, the name marked on the seat torn oil', and the brake and other fittings removed. Cross-examined by Mr. Johnstone: It was about IS months or two years since he bought the machine, and he thought the bicycle was really worth x.l 10s at the time it was missed. It was about his premises open to the view of anyone. There were two other men working about the place simultaneously with | Thornton. The latter was not working on the premises on Saturday (the day before the bicycle was missed). Ernest May, son of the preceding witness, said his father had bought him a bicycle some time ago. He had last used it on the Friday before it was missed, lie did not use it at all on the Saturday. It was left on the back verandah. He was quite satisfied that tho t bicycle produced in Court was his niaI chine.

Peter Hansen, a farmer, living at Westown, said that on November 23 he was working at Mr. May's place, and had been similarly engaged for some days previously. Thornton was working at May's for three days, on Wednesday, Thursday and Friday. Thornton was working for witness and living at his place. On the Saturday evening the accused went down to the town, and the first time he saw him with the bicycle was the following Sunday morning. lie did not mention where he had got the machine from. The next day the accused left to work at the Imperial Hotel, remarking that he would leave his bicycle at Hansen's till the following Saturday. ' To Mr. Johnstone: It was too wet for the accused to ride the bicycle to town the day he left. As far as he (witness) knew there was no attempt to conceal the machine.

Dorothy Hansen, daughter of the last witness, described how she had noticed the accused .take the name off the seat, a square patch off the tyre, the celluloid portion of the handle (which he burnt) and the brake off the machine. Thornton said he purchased the bicycle from Gunson. To Mt. Johnstone: She knew that Gunson had left the. district about 18

months ago. Constable Egau gave evidence as to having recognised (he bicycle by reason of the number supplied by Mr. May. lie saw the accused, who told him that he was going home on Saturday night, when lie met a, man who gave him a bicycle, explaining that he was leaving New Plymouth on Monday, when it would be of no use to him.

According to Mr. Johnstone, the ac : cused was a man who had POOR INTELLECTUAL ENDOWMENTS.

lie was never of a, very strong mind, and early last year he met with a severe bicycle accident, as the result of which he was unconscious for a week, and his mind impaired. Thornton was not now in a normal state of mind. His previous conduct was exemplary.

ACCUSED'S .STORY, diving evidence on his own behalf, Thornton described himself as a laborer. He was not at May's on Saturday. In the evening lie went to the pictures, and at the conclusion of the entertain-

ment he had supper at an eating-house. On his way home he was going past the hospital, "whistling—all on my own, you know," wlieu a man approached liim and eo nmiserated with him. on the distance he had to walk home, and followed this up by offering to sell him a bicycle, saying, "Here is a good bike." The man—he know his face, but, to his •ocrow, did not know his name—said: "Well, I -don't suppose you are flash. You can have it for a quid." He (Thornton) replied: "You give it to me and wait until 1 get .CI." This the stranger agreed to, also consenting to give him a week's trial. With that he took the, bicycle home On Sunday he went for a ride, and on returning saw a friend, who recommended him to apply to Mr. May for a job—driving a baker's cart, On his way back, therefore, he cycled to May's, but found no one at borne." WAS HE OK SOUND.MIND?

"I can't accept the defendant's story," commented bis Worship. "I can only come to the conclusion that he took it, ,bnt I fail to see what object he had in taking it. It is a question whether his mind was so affected that he did not know what he was doing. . . . Under the circumstances, considering the state of defendant's mind, I will restore, the bicycle to its owner, and dismiss the case, on the grounds that he did not know what he was doing." Senior-Sergt. IJ'addrell: "He is either a lunatic or a criminal."