ALLEGED THEFT OF TOBACCO.

Wairarapa Age, Volume XXX, Issue 8453, 1 June 1907, Page 5

ALLEGED THEFT OF TOBACCO.

THE RAILWAY STATION CASE

ACCUSED BEFORE THE COURT,

At the Masterton Magistrate's Court, yesterday morning, Otto Richard Petersen, dealer of Masterton, was charged—(l) With the theft of two boxes of tobacco valued at £lO 10s, from the Masterton railway station, the property of the New Zealand Government; (2) with having received two boxes of tobacco from Harold Pitt Johnson, knowing the same to be stolen. Mr B. J. Dolan appeared for the prosecution and Mr | P. L. Hollings for the accused. The charge of theft was withdrawn and a written statement by accused, in connection with the charge of receiving was taken as evidence. Constable Egan said that, acting on certain information he had received, he watched the movements of the accused on May 21st. Witness saw the accused going into the Bank of New South Wales, and he made enquiries at the Bank. On\ May 23rd, accused stopped witness in the street, and said, "Hughes, the tobacconist, told me that you Were making enquiries about the cheque which I cashed at the Bank yesterday." Accused explained that he got the cheque from Hughes in exchange for some loose silver. Accused added that he then paid the cheque into the Bank. On May 24th witness again met the accused in the street and asked him what he bad done with the two boxes of tobacco he had in his cart on May 21st. Accused said, "What tobacco? I don't know anything about it." Petersen then said he had done wrong, and volunteered a full statement of what he had done. The statement was made at the police station, and signed by the accused. The statement was to the effect that the accused, who was a dealer, went to the railway goods shed to see about some bones being consigned to Wellington. There he met Johnson, the storeman, who said there were two boxes of tobacco which had been lying in the shed for about a fortnight. Johnson said he was afraid to report the fact then, as he thought he might be fined for having the goods in the shed so long. He asked Petersen to see if he could sell the tobacco, and the latter took the two boxes to Mr J. L. Hughes, tobacconist, and told him that he had bought the tobacco from a carter in Wellington. Hughes paid tfce accused £7 17s 6d by cheque for the goods. The cheque was cashed, and Petersen paid Johnson £3 18s 9d, half the proceeds of the sale of the tobacco. Two days later accused went back to Hughes and told him exactly where he had got the tobacco, and said he wighed to replace it. Accused paid £4, his share of the cost of buying the tobacco back, and said that Johnson would pay the rest.

By Mr Hollings: Ihe accused's statement had materially assisted the police in the case. Witness knew nothing against the character of the accused.

Mr Hollings then pleaded guilty on behalf of the accused, and was given permission to call evidence as to the character of the accused.

S. H. Ralph, E. G. Eton, T. Wagg, G. Hyde, J. Elliott, G. H. Perry and M. Caselberg said they had known the accused for a great many years. He was a married man, and was honest and earnest in his work.

Accused, on oath, said that hia written statement was correct. He had been in Masterton for about twelve years. He recognised that he had done wrong in taking the goods, and immediately bought them back, and saw that they were returned to the station. He had made up his mind to take the tobacco back to the station before he learned that the police were making enquiries con- 4 cerning the cheque. It was the first time he had ever committed such an act, and he was willing to make all amends that lay in his power. Mr Hoi lings asked the Court, in face of the evidence given, to deal with the case summarily. He submitted that the Magistrate was just as capable of dealing with the case as any Judge. The Magistrate said that he had made up his mind to commit the accused to the Supreme Court for sentence. No doubt accused had a good character, but that did not alter the offence, which must be dealt with by a Judge. Accused was then committed to appear at the Wellington Supreme Court for sentence on Thursday next.' Bail was allowed, in one surety of self at £SO and another of £SO. Bail was immediately forthcoming. The case against Harold Pitt Johnsun, storeman at the Masterton railway station, was then proceeded with. He was charged—(l) With the theft of two boxes of tobacco, of the value of ,£lO 10s, the property of the New Zealand Government, 'm or about May 21st; (2) with, being a servant in the employ of the New Zealand Government, that he did on or.about May 21st, steal two boxes of tobacco, the property of the New Zealand Government; (3) did steal, on or about May 21st, two/ boxes of tobacco, valued at £lO 10s, in a railway station, to wit, the Masterton railway station, the said chattels being the property of the New Zealand Government. Mr B. J. Dolan prosecuted, and Mr C. A. Pownall appeared for the defence. Stephen H. Ralph, manager of the grocery department of the W.F.C.A., Masterton, said he received an order from the Eketahuna branch of the Association, on May 11th, for goods, including two boxes of tobacco. The tobacco was packed on May 14th, under witness' supervision, and addressed "W.P.C.A.,' Eketahuna." On May 25th witness heard that the goods were missing. The boxes contained, respectively, 211b 13oz of Havelock tobacco, and 221b of Juno tobacco. George Macpharlanc, packer at the W.P.C.A., said he packed the tobacco for the Eketahuna branch, and left it in the back store where the carter got it and took it away to the railway station. He could not swear that the boxes of tobacco produced in Court were those which had been consigned to Eketahuna. William Archer, assistant storeman at the W.F.C.A., said he saw a consignment of goods leaving the W.F.C.A. yard for the"'railway station to be sent to the Eketahuna branch. Michael James Gallagher, carrier,

deposed that on May 14th he called at the W.F.C.A. for goods which had to be taken to the railway station. There were two lots of parcels, one for Eketahuna and the other for Pahiatua. At the railway station he gave the consignment book to the accused and left the parcels at the goods shed in the presence of the accused.

By Mr Pownall: There was no consignment note for two packages of tobacco. He could not swear that he had any tobacco that day consigned to Eketahuna. He had never lost any goods from his express.

Edward Connor, driver for the last witness, deposed that on May 23rd accused showed him two cases of tobacco in the shed which were for the W.F.C.A., Eketahuna. Accused said they had been brought to the shed by either Gallagher or witness, and there was no consignment note for them. Accused then wrote out a. consignment note for the tobacco and witness signed it. He had not signed any consignment notes since then. Charles F. Hill, stationmaster at Masterton, said accused had been employed at the Masterton station for 1 nearly three years. For nearly twelve months be had been in charge of the goods sheds. Witness was acquainted with the handwriting of the accused, but the handwriting on the last consignment note for the tobacco was not the accused's usual ' writing, though witness did not think there had bee#i any attempt to disguise the writing. By Mr Pownall: During the last twelve months there had been a number of articles missed from the goods shed, but he had no reason to believe that the accused had been connected with the missing articles. Jasper Ingram, who is in charge of the grocery department of the W.F.C.A., at Eketahuna, said he ordered a consignment of goods, including two boxes of tobacco, from the firm's Masterton branch on May 10th. The goods, without the tobacco, arrived on the 15th instant. He did not receive the tobacco until the 25th instant.

James Doig, railway porter at Eketahuna, gave evidence as to receiving the tobacco at Eketahuna for the W.F.C.A.

Constable Gregor deposed to the arrest of the accused by Constable Egan. Both at his house and at the police station accused denied that he knew anything about the stolen tobacco.

John L. Hughes, tobacconist, stated that on May 21st Petersen came to his shop and said he had two boxes of tobacco in his cart which he wished to sell. Witness could not identify the boxes in Court as those which accused sold to him. Otto Richard Petersen also pave evidence corroborating his written statement made to the police.

By Mr Pownall: When he received the tobacco from Johnson at the railway station he knew that it was stolen property. Constable Egan corroborated Constable Gregor's evidence.

Mr Pownall submitted that there had been no corroborated evidence to connect the accused with the charge, and, therefore, there was no necessity to send the case before the Supreme Court. Where there was no corroborative evidence the Judge would direct the jury to acquit. His Worship held that it was not for him to decide that point. He would commit the accused to take his trial at the next criminal sittings in Wellington on August 12th. When asked how he pleaded, accused, through his counsel, said: "I say nothing." Bail was allowed in one surety of self, at £IOO and two othars at £SO each.