NOT 'CONVERSION'

Auckland Star, Volume LXV, Issue 9, 11 January 1934, Page 9

NOT 'CONVERSION'

VOYAGE IN YACHT. TWO YOUNG MEN CHARGED. DISMISSED AS «TRIVIAL." A recent voyage "from Auckland to Kawau and return, made by two young men in the yacht Cherrup, which was making a cruise of the coast, was described in the Police Court this morning, when Charles Swinburne, aged 17, labourer, and Matthew Anderson, 22, labourer, were each charged with converting a yacht belonging to Mrs. Emily Woofe to their own use on January 9. Both accused were represented by Mr. A. Hall Skelton. They pleaded not guilty. Mrs. Emily Woofe, of Tauranga, said sho came to Auckland with others on board her yacht, arriving here on New Year's Eve. Swinburne made the voyage from Tauranga and was engaged to look after the vessel, which was anchored off the Nelson Street wharf. On NewYear's Day witness went to reside ashore, leaving Swinburne in charge. Last Tuesday witness missed the yacht from its moorings and did not see the Cherrup until the following day. Swinburne gave no explanation as to where the yacht had been. He seemed very upset. Swinburne had no authority to move the vessel, and Anderson had no right on the ship. Mrs. Woofe added that she did not think Swinburne meant to do any harm. He had done odd jobs for her and she had always found him an honest youth. Mr. Skelton: You would have no objection to his taking the boat away to assist another vessel which was in distress? —No. Constable Hannah said that as a result of a complaint made to the Queen's wharf police by Mrs. Woofe, the accused were interviewed, when both made statements. Mr. Hall Skelton said he would admit that what was contained in the statements was true. The captain of the yacht gave evidence and said the vessel had. not been damaged. in any way. It was returned in. good condition. No Payment Received. In th© statements, read to the Court by Detective-Sergeant McHugh, .Swinburne said that the reason he made the trip to 1 Kawau and back was to oblige the owner of a launch that had broken down at Kawau. The trip was not made for any gain and he did not receive any payment for making it. He and Anderson left early in and arrived at Kawau at 4 p.m. The next morning they returned the boat to its usual place at Nelson -Street wharf. Anderson, in his statement, said he was unemployed. He met Swinburne outside a registry office and later accompanied him to tiie Nelson Street wharf, where they interviewed a launch owner about obtaining a boat to go fishing in. They were asked by the launch owner if they wotild take two valves down to Kawau, where one of his launches was disabled, and they consented to do so. Detective-Sergeant McHugh said nothing was known against either accused. Mr. Skelton said it was quite obvious that the accused made the voyage to oblige the owner of another vessel which was stranded. No evidence in support of a conversion charge had been disclosed. "The very worst they have done was to commit a breach of orders, and I submit there is no case to answer against either of these young men." The charge against Anderson was dismissed absolutely. "Regarding Swinburne," said Mr. Wilson, "he should not have gone without the permission of the owner of the yacht, but the matter was a trifling one, and the charge against liim \yill be dismissed as trivial. He seems to have been /inspired by motives of charity."