DISAPPEARANCE OF CARGO.

Auckland Star, Volume XLIII, Issue 305, 21 December 1912, Page 5

DISAPPEARANCE OF CARGO.

TWO MEN COMMITTED FOR TRIAL.

An interesting case to importers came on for hearing at the Magistrate's Court this morning, before Mr. E. C. Cutten, ■ fc3t. It was with regard to the disap--1 pea ranee of some cargo from the s.s. I Mokoia. Harry Ferguson Clarke and I Frederick Hyder were charged with the. theft of certain hosiery, the property of Archibald Clarke and Sons, Ltd. Mr. Hackett appeared for Clarke. Chief-Detective McMahon conducted the ease for the prosecution, and, in opening, stated that on November 21st the S-β. Mokoia arrived at the Auckland wharf io discharge carjio. Amongst the cargo was a case containing hosiery, and irom it five dozen socks were found to* be missing when it was noticed that the box had been pillaged. Subsequently, Hyder was arrested, and made a statement implicating Clarke. Upon the latter being taken into custody, he also made a statement implicating Hyder. Evidence wae given to the effect that the accused Hyder was a seaman placed in charge of No. 3 hold to see that no pilfering of cargo took place. Further evidence was given as to the value of the goods. Constable Gourley deposed to making the arrest?. He also handed in statements made by both accused at separate times, which were signed by them. Hyder'ri statement was to the effect that Clarke brought some beer, and they had some driaks. Clarke took some of the socks cut of a case, and handed him a couple of pairs. He was also given a book that was taken out of a tin trmnlc The constable added that at the station Clarke said he had had some drink, and wanted to consider the matter, as he did not wish to give his mates away. Witness saw Clarke wext morning, when he made a statement, 'handed, in. This was to the effest that several bo-ttles of beer were drunk. They came across a case of cargo burst open, and Sue (Clarke) handed two pair of socks to Hyder. Hβ saw a book in a tin trunk- and that also he handed to Hyder. Constable Gourlay stated that he found the book in Hyder's bunk, where he told him it was. When he went to arrest Clarke, he placed the book on the table. Clarke at once remarked: "I know where you trot the took from. It was the sailor in charge of No. 3 bol<£ on the Mokoia." Mr. Hackett claimed that- the information should be dismissed as against Clarke, on the ground that the statement of Hyder, not .being made in his presence, was not evidence against him; also, that according to Clarke's written statement he merely handed the socks and book -to Hyder, which it was his duty to do seeing that Hyder was in charge of the hold. Mr. Cutten said the ca«e must go to the Supreme Court. . , Both the accused reserved their defence, and -were duly committed, each be~ ine allowed bail in £100.