THE BENZINE CASE.

Auckland Star, Volume XLI, Issue 142, 17 June 1910, Page 2

THE BENZINE CASE.

EVIDENCE FOR THE DEFENCE. This morning began the fifth day of the trial at the Supreme Court of Percy Harry Ellis, formerly an employee of the Auckland Harbour Board, upon charges of stealing a large quantity of benzine, the property of the Board, and of falsifying the books of the Board. The Hon. J. A. Tole, K.C., prosecuted for the Crown, and Mr. J. K. Lundon defended the prisoner. Evidence for the prosecution closed last night Mr. Lundon occupied over two hours outlining the defence. With regard to the 20 marked cases of benzine which were used in the transaction that has been referred to as "a trap," counsel's remarks indicated that the defence would be that this stuff was purchased by Ellis as a private transaction. With regard to the price, counsel said evidence would be called to s:how that a reputable firm would supply benzine at 9/6 per case.

C. Bell, the first witness, said he had never had any transaction with prisoner in beTizine. Hutchinson Bros, had quoted him a price of 9/6 per case for benzine for ten case lots, delivered. He purchased five cases of benzine from the witness Quaine at 0/ per case for Mr. Luxford, owner of a launch in which witness was interested at the time. Cartage was extra. He knew nothing about Ellis in the matter. Witness was not concerned in "the trap" that had been referred to in the case, and was annoyed that his name had been used. He had never known Ellis in the matter at all.

To Mr. Tole: Witness, had by accident mentioned to Quaine that he had a quotation from Hutchinson Bros, for 9/6 a case, and Quaine said he could get it for 9/. Knowing that Quaine was mixed up with a launch, witness never for a moment suspected anything was wrong. Captain Ihider, HarbouT-master, said lie was aware that one Harbour Board (boat would at times borrow benzine from another boat. He had known Ellis for 5 or 6 years, and during that time his reputation was a good one. To Mr. Tole-. The engineer of the Kuaka had nothing to do with ordering benzine; it was the captain's duty. The Kuaka would noE borrow. The launch A.H.8., having limited' accommodation, would borrow from the Kuaka. To Mr. Lundon: The consumption of oil on the Kuaka was heavy, and that was one of the reasons she was laid up. Mr. Lundon: If the engineer could borrow 10 cases of oil, and not return it, that would bring his average down? Witness: Yes, certainly, but I don't think he was built that way. Mr. Tole: TKe suggestion is that the engineer was not an honest man, and that he swindled the Board. Witness: I am surprised at the suggestion, and never thought such a thing. (Proceeding.)