CHARGES OF THEFT.

Wairarapa Age, Volume XXXII, Issue 9643, 8 November 1909, Page 5

CHARGES OF THEFT.

ACCUSED SENTENCED TO THREE MONTHS' IMPRISONMENT.

At the Magistrate's Court on Saturday morning, before Mr R. H. Turton, S.M., Thomas Morton was chrged that on April 15th, 1909, he did commit the theft of about 240 flower bulbs, valusd at £2 10s, the property of William uook; J!that about the month of February 1909 at Masterton he did commit the theft of one rex begonia plant and pot valed at 10s the property of Wiliiam Henry Beetham and on September Ist 1908 and October 19th 1903 he further committed ■ the theft of a quantity of flowers and pots valued at 16s and also the property of William Henry Beetham; and that on or about October 19th he committed the theft of one lawn mower the property of Mrs Infield. Mr C. A. Pownall appeared for accused and o i the first charge a plea of not guilty was entered. This charge was dealt with first. Sergeant Miller detailed the incidei ta that led up to the charges being laid. Robert William Cook, landscape gardener, stated that about Apri» 14th he had some bulbs stolen. Subsequently accused's wife came to him and asked for the name of a certain flower, and he discovered where accused lived. Constable Townsend deposed to having visited accused's gardan in Villa Street on Tuesday last. He saw accused working at the gasworks at about 12 o'clock, and asked him where he pot certain plants in his garden, to which he replied he had grown them from seed. In reply to further questions, accused said he would be home about 2 p.m. Witness went to the house at that hour and. saw accused entering by the back door, whereupon he searched the premises and discovered the articles produced. Mr Pownall held that the Magistrate was in this case acting ao judge and jury, and that no jury in the world would convict in the case before the Cou 1 ":

His Worship dismissed tha cl^rge. With regard to the other c'nirgcs to which accused pleal.d g'lilty, counsel held that the cjsa was one to which the Probationers' Act shoulJ be applied, Accu?ed 3 outside this particular petty pilfering, had borne

a good character, and it was a case where justice might be tenp-red with mercy. If probation were grantad, accused, as soon as it was over, intended leaving the Dominion.

James Webb Blackmun, gas manager, gave evidence as to accused's good characcer.

Hia Worship stated that Mr yownall had pleaded for accused in a very able manner, and if he (his Worship) had felt inclined to exten 1 to accused the provisions of the First Offenders' Act, no dount Mr Pownall's pleading would have gone far to help his client. There was one tact, however, that could not be overlooked. If accused had confessed to the constable, as he hai evidently done to,b'"a solicitor, that he had 1 committed the theft, instead of

hurrying home and attempting to hide all evidence of it, a different view might have been taken of the case. Accused would be convicted and sentenced to three months' imprisonment, with hard labour, on the charge of stealing the flowers, and one month's imprisonment for the theft of the lawn mower, the sentences to be concurrent.