ALLEGED THEFT OF CAR.

Auckland Star, Volume LXIII, Issue 198, 22 August 1932, Page 5

ALLEGED THEFT OF CAR.

THREE MEN FOR TRIAL. VEHHCLE FOUND BURNED. Each pleading not guilty to charges of breaking and entering the garage of Elizabeth McGovern, Lucerne Road, Remuera, on August 7, and stealing a motor car valued at £500, and alternately with theft of the car, Charles Simelhay, aged 26, Francis William Henry Jeeves, 23, both bridge builders, and Francis Edward Pinker, 20, shop assistant, were committed to the Supreme Court for trial by Messrs. Rickerby and King, J.P.'s, in the Police Court this morning. Evidence was given that Miss McGovern found the hasp of the padlocmk on the garage door had been unscrewed and that her car was missing: Later the same morning she learned that the car had been destroyed by fire.

After evidence had been given by Detectives Wilson and Packman, who arrested Simelhay and Jeeves at Tuakau, counsel submitted that as there had been no intent permanently to deprive the owner of the car of her property, and as the car was accidentally burned, the charges should be reduced and the accused dealt with summarily. He then called Simelhay.

Simelhay, in evidence, admitted that he and the other two accused took the car, aind said that while driving it to the city it caught Are. The flMf was not deliberately caused. PinkiT 1 teas to have driven the car back to its.owner. Pinker was not in the car when it caught Are.

"My part was to go to Tuakau with the ■ather two, and then drive the car back and replace it in the garage," said Pinker, who also gave evidence.

Detective Sergeant Kelly: Did you ever steal a car in similar circumstances and suffer imprisonment for it?— Yes.

Detective Packman gave it as his opinion that the cause of the fire was the breaking of the driving shaft of the car, which punctured the benzine tank under the driver's seat. Expert evidence was givqn by Edwin Dennis Chapman. He said he did not think the fire was caused deliberately, but accidentally.

In each case the accused were allowed their liberty on bail of £200.