VANISHED CARGO.

Auckland Star, Volume XLIV, Issue 46, 22 February 1913, Page 5

VANISHED CARGO.

_. —— —■ _p .ii. .-■■ A CHARGE OF P__FER_NG AGAINST AN A.B. AND A WHARF LABOURER. Before his Honor Mr. Justice Edwards this morning, Harry Ferguson Clark and Frederick Hyder, were charged conjointly and separately with having stolen five dozen pairs of socks, either from the hold of the s.s. Mokoia or from tbe wharf at Auckland, on 21st November last. They were further charged with having had stolen goods in their possession. Hyder was an A.8., a member of the Mokoia's crew, and was in charge of No. 3 hold, with a special commiueion to prevent pilfering, aid Clark was a casual labourer employed by the U.S.S. Company to work cargo at No. 3 hold. Both prisoners, who were not represented by counsel, pleaded not guilty. The Crown Prosecutor (Hon. J. A. Tole, K.C.) explained that the goods alleged to have been stolen were part of a consignment to Arch. Clark and Sons, of Auckland, transhipped ex the Rotorua at Wellington and brought on to Auckland by the Mokoia. In statements made separately to the police, Hyder had said that Clark had broken into the case, and that he, himself, had received the goods, while Clark had said that he found the case open, took the socks, and gave some to the other man. Evidence for the prosecution was given by the chief officer of the Mokoia (E. J. McF. Appleyard) and by W. R. Winston (assistant delivery clerk for the receiving agents), A. K. M. Clark (of the firm of A. Clark and Sons), F. H. A. D. Halsted (claims clerk of tie U.S.S. Co.), and Constable Gourlay (of the water front police). In the course of his evidence, Constable Gourlay produced the statements that had been made by the prisoners when arrested. Hyder's statement contained an assertion to -he effect that beer had been brought on board by Clark and consumed by the prisoners and others, and, further, that a case of beer had been broached by Clark and the contents of 'some of the bottles poured into a can and afterwards consumed. The constable, further said that when he went to arrest Clark, the prisoner said that he did not know why he was the only one arrested for pillaging cargo on the occasion under notice, but he did not want to give his mates away. In a statement (produced) Clark " had said that be was under the influence of liquor and that he had taken the goods referred to. Neither of the prisoners chose to give evidence. Hyder said that No. 3 hold was full of Napier and Gisborne cargo, and that no Auckland cargo was taken in at Wellington at all. His Honor pointed out to the jury that both men had admitted their guilt. As the jury was about to retire the prisoner Clark ejaculated, "There is one thing I want to say. Anything that I picked up it was my duty to pass over to the sailor in charge." After a short retirement the jury returned a verdict of guilty. Clark and Hyder were further charged with the theft of 13 pint bottles of beer from the cargo of the Mokoia, and of a book taken from a trunk also in the yes- ' set's cargo. The jury returned a verdict of guilty. In giving sentence, his Honor referred to Clark's lengthy and discreditable record of convictions for theft (on one occasion), resisting the poHce. drunkenness, disorderly conduct, and obscene language. "This sort of thing." he said referring to the pillaging, "has got to be put down." He further remarked that defalcations of this kind were passed on by the shipping companies to honest people, and in these hard times honest people could not afford to keep men like Clark idle. Prisoner was sentenced to two years' imprisonment, with hard labour, on each charge, the sentences to be concurrent. Hyder, who had previously borne a good character, was sentenced to 18 months' imprisonment with hard labour His offence, the judge said, was a very bad one for a man holding a position of trust. It was to be feared he remarked in passing, that there were dozens of cases of pilfering undetected lor every one that was sheeted home.