CARGO THEFT CHARGES.

Auckland Star, Volume XLII, Issue 216, 11 September 1911, Page 5

CARGO THEFT CHARGES.

KE-TRZAIi OP McIN'TYRE. At the Supreme Court tills morning, before Mr. Justice Edwardf* and a jury of twelve, Alexander Mclntyre, charged with the theft of a case of tobacco, in company with one -Joseph Elinman, was re-tried. Eight days ago the jury disagreed, when Mclntyre was tried, before Mr Justice Chapman, and the re-trial was necessary. The charge was that in company with Joseph Ehrmann, accused stole a case of tobacco, valued at £3U. Mr. Sclwyn Slays appeared for the prosecution, and Mr. J. R. Lundon for accused, who pleaded not guilty. In outlining the case, Mr. Mays said that about the end of October the liauroto arrived at the Hobson-atreet wharf. On board were consigned two cases of "Old Judge" tobacco, consigned to Messrs. Winstone, Ltd., the property of T. H. Hal!. The tobacco was duly landed, and put in the Hobson-street wharf shed, and later in the day taken round to the Queen-street wharf, examination shed. There one of the cases disappeared, and it was known that one was stolen and sold, as Joseph Ehrman, charged together with the present accused, had pleaded guilty to the theft of the ease. The tobacco could be traced right up to the examination shed, and from that point the evidence was that Mclntyre approached a carter named Brown, and got him to take a case of tobacco round to Glover's store in Fortstreet, where it was delivered to Ehrman, whom Brown did not know at the time. Next day Brown received and took 5/ for delivering the case, although th« usual charge was about 1/0. The whole case rested on Brown's evidence, but it was contended he was telling the truth, otherwise lie would have held his tongue. Duncan McDonald, wharf foreman for Messrs. Winstone, Ltd., gave evidence as to the cases arriving and being sent to the examination shed. On November 2nd witness went to the shed, to obtain possession of the eases, and one was missing. He saw Mclntyre, who was a gang foreman on the wharf, and asked him had he seen the case. Mclntyre answered " No," in an off-hand sort of way. Cross-examined, witness said no one was in charge of the shed, and no receipt was given for goods taken out. His Honor: Then if a person is impudent enough he could take what li 6 wanted? Witness: That is so. There has been a slight reform since. To Mr. Lundon: Witness started to look for the case on the night of the 2nd, but did not sec Mclntyre then, lie saw an assistant foreman named Grieve, who v«aid he had seen the eases. Witness did not know Grieve was a brother-in-law of Brown's. Witness, when 'he asked Mclntyre, gave no marks to indicate the box he referred to, Grieve and Mclntyre had been searching for some tobacco for Nathan's, but witness did not think Mclntyre gave him the marks on the tobacco -he took to Nathan's. Witness got the marks later from Carr and Haslem's office. As a result of his examinations witness found the missing case was never examined. To Mr. Mays: Mclntyre had the run of the shed, and his action, in taking a case out of the shed would not be challenged. James Percy Fadings, Collector of Customs, Auckland, produced the Customs papers and manifest of the Ilauroto, which arrived in Auckland on October 28, 1910. One case of tobacco out of 14 bonded at Wellington, marked B 760 over 1000, was not bonded at Auckland, and VVinstone's had to pay duty on it. Harold Howell, assistant receiver for Winstone's, Ltd., gave evidence that he identified the two cases concerned at the Hobson-street wharf, and instructed a carter to take them to the examination shed. Evidence was given by a labourer who assisted to load the cases, and the carter who took them to the examination shed. John Greaves, assistant to Mclntyre, and in the employ of Messrs Carr and Haslam, gave evidence that up to the time of Mclntyre's arrest lie was with him. Witness remembered the inquiry made for the missing case of tobacco. About that time he was working in the examination shed with Mclntyre. They went to the shed to look for tobacco for Nathan's, and witness drew Mclntyre's attention either to one or two cases, and asked was that the tobacco? Mclntyre sakl it was not, as Nathan's was in another Bhed. Neither of them looked at the mark J on the tobacco pointed out. Cross-examined witness said that he was a brother-in-law to the witnesA Brown. Towards the end of last year both were working for the same firm. Witness agreed that a carter knowing the run of the shed, would have no difficulty in removing a case without assistance if he could lift it himself. Witness bad a conversation with Brown about the missing case, 'but did not remember where it took place. Brown did not give any intimation that he had taken the case away. Mr Lundon: How did you come to bo talking to Brown about it? —I suppose I was talking to everybody about it. Yon and Brown were' together at Carr and Hafllam's office when a detective called? —Yes. You didn't know who the detective was, or whether he was a detective? —No. How long was this before ITadden was arrested? —It might have been a day or a week. Mclntyre was present when the detective called, and afterwards the three of them 'talked the matter over. Nothing was mentioned about tobacco, nor anything to indicate that Mclntyre was concerned in ally thefts. Mr Lundon: Did not both you and ■Brown question Mclntyre if the detective had said anything about the missing •tobacco, or anything other than about the Hadden affair?—" No. To Mr Mays: It is a proper tiling to give a carter a ticket when he is to receive goods from the examination shed. It was not unusual for a carter to go in without a ticket. Hc/bt. Alexander Brown, the chief witness for the prosecution, who in November last was a carter in the employ of Messrs. Oa.rr and H/aslam, with aocused, gave evidence that Mclntyre, aibout November 1 last, came to Mm ■while be -was loading his cart, and asked if be would run a case up to Glover's store. Accused- took 'witness down to the examination shed, and there accused rolled a case of tobacco out, and helped put it on witne'ss' cart. Witness took t'he case to 'Glover's store, and handed' it over to a man whom he now knew as Elhrman. Next morning accused gave witness 5/ for carting goods on on"* another occasion to the same place, and was paid the same amount. (Proceeding.)