IS IT THEFT?

Auckland Star, Volume LVIII, Issue 108, 10 May 1927, Page 9

IS IT THEFT?

MOTOR CYCLE RIDDEN AWAY.

YOUTH'S LONG JOURNEY.

A CASE REMANDED.

In response to an advertisement concerning a motor cycle which was for sale, John William Ferguson (17) called on Carlton Vickers Burton, who owned the cycle, and Inspected it. He later agreed to purchase it for £50, after taking it for a trial spin and returning it to the owner. Then Ferguson returned and told Burton that he had missed the train to Huntly, and asked if he could ride the motor cycle to that country town to get the money to pay for it. Burton lent his machine, and that was the last he saw of it. The police were informed, with the result that Ferguson was arrested on May 6.

This morning, at the Police Court, Ferguson, represented by Mr. Alan Moody, pleaded not guilty when charged with stealing the motor cycle, valued at £49.

Burton told the magistrate that when accused left with the cycle he gave bis address as "Barton, Brighton Road, Parnell." When he did not come back with the machine witness went to the address given and saw a young man who was not accused. Moreover Barton did not know anything about the purchase.

Senior Sergeant Edwards then said that Ferguson was arrested at Hamilton on May 0. The cycle was since sent on to Auckland. In a statement which he made, accused said that he first rode the motor cycle to Huntly to see if his uncle would advance him the money to pay for it. He found, however, that his uncle had removed to Papakura. Going to that town he then found that his uncle was away shearing. So he went to his brother's place at Horahora and returned to Hamilton.

Mr. Moody submitted that Ferguson had a colour of right to the machine, and that in taking the cycle away he did not come within the definition of theft. "While he had the bike he thought he would go on," counsel said. Mr. Moody also thought that Burton did not deserve any sympathy for allowing such a young man as accused take the cycle away. Ferguson knew a young man named Barton who told him to let him know if he could get a good motor cycle.

"The bad feature of the case is that Ferguson gave Burton a wrong name. However, I will remand the case until to-morrow morning. Tell Ferguson to get Barton here by then and we will see what the wrong name means and what Barton has to say about it," said Mr. Hunt.