SUPREME COURT.

TO-DAY’S BUSINESS,

ALLEOED THEFT OF VEGETABLES

The Wanganui sittings of the Supreme Court were continued this morning before Mr Justice Chapman, when two men named Arthur Michael Conza and Percy Faulkner were charged with the theft of a quantity of vegetables, the property of Kwong Chong, a Chinese market gardener, who has gardens at Wanganui East and Aramoho. There was a second charge against the accused that tlicy had received the goods knowing them to have been stolen. Mr Marshall, Crown Prosecutor, addressing the jury, said that the Crown placed more reliance on the second charge. If the jury were convinced that the goods were dishonestly obtained and they were found in possession of the accused, then they were liable if they could not give a satisfactory explananon. Kwong Chong was a large market gardener having gardens on both sides of the river. It would be shown in evidence, Mr Marshall continued, that the earth on the vegetables, which it was alleged had been stolen from the Wanganui East garden, was different to that on the vegetables at Aramoho. The v Crown Prosecutor said it would be proved that Kwong’s vegetables coming to the depot at Aramoho from the other gardens were always dressed or trimmed for marketing. The vegetables were not sold in the condition in which they had come out of the ground. The onions, which would be mentioned in the case, were wet when they hml been stored, and that would account lor the darkened or black look of them. It was peculiar, counsel said, that the onions in accused’s possession were similar to those belonging to Kwong Chong. Mr Marshall then went on to give details in connection with the alleged theft.. A large quantity of vegetables had been found on accused’s property, and the Chinese and his wife would sav that they had only sold a small quantity of vegetables to Conza and Faulkner, but these had been dressed. Kwong Chong said that he owned six gardens—three ,a<T Aramoho and three at Wanganui East. He had ‘23 men employed, mostly Chinese. Witness admitted having sold some vegetables to accused, but swore that all the vegetables sold from his place had been dressed or trimmed. He recognised his vegetables in Court by the soil on them. They had come from his garden in Wanganui East. He also recognised the onions. To Mr Mackay: He would not have recognised the vegetables had it not been for the soil on them. .Tim You (Mrs Chong') said she had sold vegetables to both accused during the month of March. die proceeded to enumerate the vegetables, and said that they had all been dressed and not like those produced in Court. All vegetables' from these gardens were prepared for sale. Ah Tai, an employee, said he had never seen onions sold from Kwong Chong’s gardens with the tops on. Vegetables were always dressed for the market. Evidence was also given for the prosecution by Ngan Pun, Constables H. J. Egan and James Riordan, Ernest Robert Byres,, and J. Bing. This closed the case for the prosecution. THIS AFTERNOON’S SITTINGS. The case against Arthur Michael Conza and Percy Faulkner, charged with the theft of a' quantity of vegetables, the property of Kwong Chong, was continued before hie Honor, Mr Justice Chapman in the Supreme Court this afternoon. Mr Mackay, who appeared for both accused, characterised the case as a trivial one, but counsel said it meant a lot to the two men in the dock. He traced the evidence for the prosecution, and said it was very seldom that men should be found guilty on one charge on account of other circumstances. Counsel would prove, however, that the potatoes mentioned by the prosecution had been honestly obtained. As far as the vegetables wore concerned, the defence would not deny that most of them had been purchased from Kwong Chong's gardens. Faulkner had purchased some vegetables from Kwong himself, but the greater quantity had been bought from gardeners in the employ of Kwong. No one had seen the vegetables being stolen, and counsel contended that the onus was on the Crown to prove that tie goods had been dishonestly obtained."’ Arthur Michael Conza said he had been in partnership with Faulkner for three or four weeks hawking vegetables, which had been kept in a shed at witness’ place. Witness had been to Kwong’s gardens two or three times to buy vegetables. On the first occasion he had gone with Faulkney. The latter went with witness on the second occasion also, and bought other vegetables. Kwong and Nuag Fun served them on the first occasion, and Ngan Fnn on the second. Since that time Faulkner had clone the buying’, and witness liacl supplied the money. Faulkner had bought the onions and swedes. Witness had grown a hundredweight of onions, and the remainder had come from Kwong’s gardens. The pumpkins and marrows had been grown in witness’ own garden. One pumpkin had been given him by a man named Bryden.* The potatoes had come from witness’ father’s place. They had been brought in two bags. Prevaotus to this he had bought potatoes from J. Bing. The vegetables which had come from Kwong’s had not been trimmed. Witness had never taken vegetables from the Chinaman’s gardens without permission. He used to work for Kwong. Percy Faulkner, the other accused, generally corroborated Conza’s evidence. Other witnesses for the defence gave evidence to the effect that other Chinamen besides Kwong sold vegetables. Mr Mackay was addressing the jury as we went to press. SENTENCE. This afternoon Pereival Ernest Green was brought up for sentence and received six years’ imprisonment -for having indecently assaulted three males at Marton. His Honor remarked that be would make the sentence two years’ hard labour on the first charge, and two years’ reformative treatment on each of the other two charges.