A CASE OF BENZINE.

Auckland Star, Volume LVIII, Issue 115, 18 May 1927, Page 8

A CASE OF BENZINE.

THEFT CHARGE DISMISSED.

DOUBT ABOUT THE MATTER. That it was a physical impossibility for him to lift a case of benzine, which it was alleged he stole and placed on a launch, was part of the defence put forwavd by John Madson (41) at the Police Court this morning. Accused pleaded not guilty to stealing the benzine, valued at 15/, the property of William Charles Petford. Mr. Fennell appeared for accused. Petford stated that about 7 p.m. on May 10 he wag near the City Markets and had a handcart with a case of benzine on it. He spoke to accused, who told him that he had' several broken ribs and a "busted leg." Witness went away and on returning several minutes later discovered that the case of benzine had vanished. So had Madson. About 9 p.m. he saw accused lifting the case on to a launch. A constable was called and accused was arrested. Another witness gave similar evidence. When Constable Mathieson interviewed Madson, accused denied that he stole the benzine or placed it on board a launch. Pulling out a roll of notes from his pocket Madeon said, "Why should I take a case of petroL" Mr. Fennell submitted that there was no case to answer. Madeon owned a fishing launch; but had sold it on May 8. As his wife was away he stayed on board the launch. Counsel said that it was impossible for Madeon to have lifted the benzine down the steps on the Nelson Street wharf and place it on board the launch, owing to injuries previously received. It was on this account that he had to sell the launch. He could not lift anything or do any hard work. Madson, giving evidence, Said that he did not take the benzine. It was no use to Mm as -he had sold his launch. Further, he could not lift a case. He could only manage to lift one tin of benzine in hie left hand. There were other men- about at the time, and he saw another man belonging to another launch taking a case of benzine down to the wharf. Mr. Hunt said that there was a doubt about the matter, and dismissed the charge.