CAR TYRES STABBED.

Auckland Star, Volume LIX, Issue 161, 10 July 1928, Page 8

CAR TYRES STABBED.

HAMILTON MAN CONVICTED.

WELL-KNOWN RESIDENT.

EXTRAORDINARY OFFENCE.

APPEAL MAY BE LODGED.

(By T<#*gf*ph—Own Correspondent.)

HAMILTON, this day.

A somewhat remarkable case, in which the defence of mistaken identity was set up, was heard at Hamilton yesterday afternoon, when a well-known resident, VV illiam James Brydon, was charged with causing mischief by stabbing u motor tyre, belonging to John Mark, with a sharp pronged tile. According to Senior-Sergeant Sweeney, who conducted the prosecution, Mr. Mark had within the past fortnight had the tyres of his car wilfully damaged on three occasions. When he parked his car in Hood Street on Friday night, therefore, a plain-clothes man was set to watch it. Brydon later drove up in his own car and parked it quite clone to Murk's car. Brydon was seen to leave his car, go over to Mark s car and stab one of the tyres with a sharp instrument. Before the constable could approach Brydon ue disappeared, but the constable waited for his return, and then arrested him. At the police station a file with a very sharp prong was found in the bottom of Brydon's car. Tyres Ripped Twice Before. John Mark, grocer, of Hood Street, said that on two previous Friday nights tyres of his car had been ripped whilst it was standing in Hood Street. Lasi Thursday night two of the tyres were ripped whilst the car was parked in Albert Street, Hamilton East. Witness said that he knew Brydon only by sight. Constable Harris, who was detailed to watch Mark's car 011 Friday, said that at 8.15 p.m. Brydon drove up in i a car and parked very close to Mark's car. After looking about for a time he ! went over to Mark's car and gave the left front tyre two jabs. He then walked briskly away. About five minutes later accused returned, and witness arrested him. Brydon denied that he had damaged a tyre of Mark's car. No one paid the slightest n' *«"it inn to Mark's car except Brydon. Witness was quite positive of his identity. Case for the Defence. In opening for the defence Mr. Kin« said that defendant absolutely denied any knowledge of the damaged tyres, either on Friday or on any of the other occasions. He was a public servant employed by the Public Works Department for the past nine years, and he was a highly respected citizen with an irreproachable character. He was the chairman of several sporting bodies, and was a well-known referee and rowing coaeli. The act in question was more that of a naughty boy than a grown man of high character. What motive, counsel asked, could he have had for damaging tyres ? He did not know Mark, except very casually, and Mark barely knew him. Brydon could prove his movements on the previous nights on which the tyres were alleged to have been stabbed. Counsel said that another member of the Public Works Department, from Horah'ora, was visiting Brydon on Friday night, and drove into town with him. He was actually in the car with Brydon when he parted in Hood Street, and they left the car together. They walked into Victoria Street, where Brydon left his companion and went to purchase fruit. He then returned to the car alone to place his purchases in the car. Accused in evidence said there was a large number of cars on the stand : n Hood Street, and he pulled into the first opening. Fry and he got out of the car together, and as Fry had an appointment to catch a car back to Horahora at 8 o'clock they parted in Victoria Street. He himself made some purchases, which he took back to the car. He had just got into his seat when the constable stepped forward and said, "What do you think of things now?" He (defendant) said he did not know what he was referring to. The constable rejoined, "Oh yes you do." The constable then said he had seen him give the tyre of the next car two jabs. Witness depied this, and asked, "Why, if you saw me stab the tyre, did you not arrest me at the time ?" He suggested that they should not argue there, and together they drove to the police station. When the file was produced to him at the police station he thought it was his three-cornered file. He later discovered it was a square file, and not his at all. He asked to be confronted with the man who owned the car, and when Mark arrived the latter declared that he did not know him. He denied absolutely that he knew anything about damaging the tyres. "I Was Very Unnerved." Defendant, in answer to the seniorsergeant, said he did not explain either to the constable or the gergeant on Friday night tfyat Fry was with him in the car. The Senior-Sergeant: Why not? —I was very unnerved and any explanation I made was ridiculed both by the constable and the sergeant. The Magistrate: What did you try to explain T —That I had come in to buy fruit. The Senior-Sergeant: You asked the police to call Mark, and they did. You aeked them to try and arrange bail, arid they did. Have you any reason for supposing they would not have called Fry if he could have helped you ? Defendant repeated that he was very unnerved and npset at the time. Magistrate Believes Constable. In summing-up this morning, his Worship said he believed the constable's evidence. If, as Brydon and Fry said, they were together when the car was parked, it would have been an exceedingly stupid thing for the constable to fabricate his story. The constable identified Brydon by his face, by his dress and by his peculiar gait. Then there was strong corroborative evidence in the file being found in accused's car. Brydon's evidence, as given in the witness box, was not convincing, neither was that of Fry. If these two men bad been together, why had Brydon not mentioned it at the police station when asked if he desired to call anyone? Fry seemed to his Worship to be merely an afterthought. . In convicting accused his Worship said he disregarded altogether the history of other damage to the ear. If there was evidence that accused had damaged the car before he would have had no hesita- | tion in sending him to gaol. Having regard to bis previous good character, i the sentence would be a salutary lesson. 1 He would convict acensed and fine him i £t and costs 3/0, the cost of repairing ; the tyre. On Mr. King's application the fine was raised to £5 to enable him to appeal.