ALLEGED THEFT OF CHAIR.

Taranaki Daily News, 8 November 1918, Page 6

ALLEGED THEFT OF CHAIR.

WOMAN AND SON pHARGED. A case of alleged theft, presenting some peculiar features, was heard in the Magistrate's Court, New Plymouth, yesterday, by Mr A. Crooke, S.M. According to Sub-Inspector Hutton, who conducted the prosecution, it appeared that the complainant (John Bishop) who had been a farmer at Carrington road had a clearing sale on October 7th. Some of the furniture and effects, which were not intended for sale were put aside in one of the Toonis. During the day Bishop saw a lady at the sale, whom he did not know, but whom he had since discovered to be Mrs Curd, She asked him if a chair in the room mentioned was for sale, ana he told her it was not. Mrs Curd bought a duehesse and came next day to take it away. She asked the man who was there if the chair was for sale and was again told it was not. She also asked another man if the chair was for sale and after consulting his list of articles she was told the chair was not for sale. When the Bishops returned to the farm on the Saturday, they discovered several articles missing, amongst which was the chair which was the subject of_ the complaint. In consequence of complaints received by the police, on October 24 Constable Wroblenski went out to Oakura and mane enquiries. He met the boy Curd on the road and asked him about the chair which he had taken from Bishops, and the boy said his mother had sent him to the cottage to see if Mrs Bishop would sell the chair, and if she would, to buy it. There was no one at home and the boy opened the door and took j the chair away. No authority had been given to anyone to remove any of I the things from that room. The chair was not found until 15 days after it was taken away, when the police made inquiries about it. Constable Wroblenski then called, at Mrs Curd's house with Mrs Bishop. Mrs Curd had said she was quite prepared to buy the chair if Mr Bishop would sell and if not she would return it. The fact was there had been not attempt to return, or pay for the chair, until action was taken by the police. The charges laid, therefore, were against the boy Alfred Blumires Curd, of stealing a chair valued at 18s from John Bishop, on October 9th, and against Mrs Isabella Curd of stealing the chair and of receiving the same at Oakura, knowing the same to have been stolen. Accused were represented by Mr A. H. Johnstone, and pleaded not guilty to all charges. John Bishop farmer, late of Carrington road, gave evidence in accordance with the Sub-Inspector's statement. Cross-examined by Mr Johnstone, witness said he had never seen Mrs Curd before the day of the sale. There was a road leading from Koru up to the Carrington near his farm, part of which was a narrow bush track. Mrs Curd bought some poods during the dai: Witness and his wife left the farm on the eveninj of the sale and left a man to look after things at home. They stayed in New Plymouth till the Saturday, when they returned to the farm, and discovered that certain things were missing, including the chair in question. They did not get a house in New Plymouth, but lived in lodgings somewhere near the Central School.

Mrs Bishop gave corroborative" evidence. Constable Wroblenski deposed that in consequence of inquiries made he went out to Oakura and interviewed the two defendants, each of whom made written statements and signed the same. It was admitted the chair was taken on October fl and that it was in Mrs Curd's house at the time he made the inquiries on October 24. In reply to Mr Johnstone witness said he first called at the Oakura School and made inquiries of a little boy Curd, about 11 years old, who told him where the chair was. "You rifled him first" suggested the solicitor. Constable Wroblenski: "I knew where the chair was before I went to the school." Mr Johnstone said that however good the case might be from the point of view of a civil action he did not think the evidence would sustain a charge of theft. He had hoped to have had Mr Curd present to prove that attempts had been made to find the Bishops and to come to an arrangement about the chair, but a breakdown on the road had prevented his getting in in time. He did not think, however, that it was necessary to adjourn the hearing on that account. Isabella Curd, wife of Wm. Bennett Curd, Koru, admitted being at Bishop's sale on October 7. She drove as far as possible, and then walked through the bush track from Mr Green's to the Carrington road. She made no inquiries about the chair on the day of the sale. She saw some articles sold, amongst them being the chair in question. She bought a duchesse, and removed part of it on the day of the sale, and came back for the balance the fololwing day. She had asked permission to leave her purchases at the house till next day, but Mrs Bishop said she was going away from the house that night. The next day when she returned for the balance of her purchases, she asked when Mrs Bishop would be back, and the man in charge said she would be back on the Wednesday for certain as his time was up then. In consequence, she sent her ■son over the next day to ask Mrs Bishop about the chair and to get it if it was for sale. When he came back with the chair and said he had taken it from the house as there was no one at home, she was very angry and told him he would have to take it back. It was too late that day to go back and the next day was "awfully wet." She decided to try and see the Bishops and arrange about the chair, but could not find them. She inquired at Xewton King's when she went to pay for her purchases, but was told rather "snappily" that they did not know. She was very surprised when the constable came to her house; but when she saw Mrs Bishop she said "I'm so pleased to sec you. I've been trying to find you." To Sub-Inspector Hutton: She had not said she had taken a fancy to the chair. "If you saw the chair you would never suggest such a thing," replied the witness. When the constable came to her house with Mrs Bishop she said to him, "Well what's the trouble?" It was natural, when a constable came to anyone's house to suspect trouble. She did not prevent the constable from entering her house to search for the chair; on the contrary she invited him and Mrs Bishop in and explained the -whole circumstances to them. She admitted she had been careless over the whole matter: Alfred Ul * youth of 18, who said he w» ■"■»•- -*• ],io father's 'ftpTugym eviary,,flft - &- """"* &e re-

turned to Bishops two days after (he sale to sec !<!r*. Bishop, but there was no one at home. He opened a door and took away the chair. He got back home at about four o'clock and his mother said he should have taken the chair back, but it was too late that day. To Sub-Inspector Hutton: He took the chair because his mother had expressed a desire to have the chair, aim as he had come a way he did not want to have a second journey, and ho thought his mother could arrange the matter satisfactorily with Mrs Bishop. He knew he had no right to take the chair. He was told to return it, but it was too late that day, and the next day it was so wet that it was impossible to make the journey. He knew inquiries had been made by his parents for the Bishops, but had not been able to find them. The Magistrate said he did not intend to convict the accused. They had been very foolish, but he looked upon the whole thing as an attempt to compel the Bishops to sell the chair. The charge was therefore dismissed.