CHARGE OF THEFT.

Waipukurau Press, Issue 296, 15 August 1908, Page 5

CHARGE OF THEFT.

CASE DISMISSED. At the Waipawa Police Court on Thursday, Thomas Bartosh was charged before. Dr Todd and Mr M. Murray, J.P.’s, with stealing potatoes from the goods shed at Waipukurau railway station. Sergeant Smart conducted the case for the prosecution and the accused was defended by Mr E. IT. Lee. J. K. Bogle, stationmaster, said some potatoes arrived on the 7th inst. When going to dinner he saw Bartosh and another porternamed McNulty standing at the goods shed. Witness watched and saw Bartosh, when McNulty had left, pass his hand over the sacks and apparently put something into a receptacle. He went to accused and asked him what he meant by stealing the potatoes. Witness saw a sugar-bag lull of potatoes behind the door of the office. Accused denied any knowledge of them. Witness suspended him. In reply to Mr Lee, witness said the sacks were on the floor of the goods shed, and in view from outside. Bartosh, who came from Wellington, had given satisfaction since coming here. Witness watched because pilfering had been going on. He had warned the staff against pilfering. If there were loose potatoes, accused should have put them by the sacks — not in the office.

John M. McNulty said some potatoes arrived on the 7th inst, and he and Bartosh unloaded them. At noon, when witness went to dinner, Bartosh said he would put the loose potatoes in the sacks. The sacks were old and had holes in them, but witness did not see any with the mouth open. In reply to Mr Lee, witness said some of the corners of the sacks might have been open. Potatoes fell out of sacks witness removed. He had not seen anything to cause him to doubt Bartosh’s honesty. If the loose potatoes were not on top of the sacks when witness returned, he would ask ■where they were. Accused could not steal them without witness’s knowledge. If Bartosh had said he had put the potatoes in the sacks witness would have been satisfied.

Constable Heffernan said he arrested accused, who said Mr Bogle had not given him a chance to explain, and that he had picked the potatoes from the truck with the intention of putting them into the sacks. Accused, who elected to give evidence on his own behalf, said that after starting to gather the potatoes from the truck he found there were too many to scatter over the tops of the sacks, and had put some into the sugar-bag, which he had taken into the office for safety. Had he left it on top of the sacks, anyone might have gone in and taken it. After he bad placed the bag in the office Mr Bogle rushed into the shed and accused him of stealing the potatoes. Witness denied stealing them. Mr Bogle said he saw him doing it, and asked where they were. Witness told him they were in the office. Mr Bogle took possession and ordered witness out of the shed. After hearing further evidence, the Bench said there was a doubt as to accused intentions, and dismissed the case.