SEIZED SILVER.

Auckland Star, Volume LXV, Issue 241, 11 October 1934, Page 8

SEIZED SILVER.

OWNERSHIP OF £807. FORFEITURE OPPOSED. CASE FOR THE CROWN. The legal ownership of £SO7 worth of silver which was stolen from a motor car at Wanganui in June, 1933, and subsequently seized by the Crown, was again the subject of argument before Mr. Justice Ostler in the Supreme Court this morning. Recently an affirmative answer was given by Mr. Justice Hcrdman to the question whether the regulations prohibiting an attempt to export coined silver from New Zealand were valid, and in accordance with that decision the Solicitor-General (Mr. V. R. .Meredith) made an "information in rem" for the forfeiture of the money to the Crown. The application for forfeiture was contested by William Toomey, of Auckland (Mr. F. 11. Haigli).

Mr. Meredith said the allegation was that there was. an attempt to export silver from New Zealand, and the application now made was for the forfeiture of silver seized by the Crown. It would be proved that the silver was stolen by three men at Wanganui ill June, 1933, but the only ones concerned in this case were Toomey, who claimed to be the owner of the silver, and Penny, a taxidriver. It would be admitted by Toomey that ho had taken a large quantity of silver to Wellington about two months earlier, and it was apparently disposed of there. He returned to Auckland, and, in two months, collected another lot of British silver, amounting to £SO7. Then he engaged Penny to drive him again to Wellington with this shipment of silver. Penny would say that lie had picked up silver from various shops and liad taken it to Toomey's place of residence, and that lie had also taken men with silver on them from Toomey's house to the boats in Auckland. "Consistent with Secrecy." In June Toomey started from Auckland fairly late at night in Penny's car, and drove right through the night, not stopping at any hotel for sleep. Mr. Meredith suggested that all the circumstances of the trip were consistent with secrecy. Finally, Toomey and Penny reached Wanganui, where the car containing the silver was left outside a restaurant and "stolen. At the time the theft of the car was reported no reference was made by Toomey to the fact that there was a large quantity of silver in the car. Various statements made by Toomv were conflicting, but on June 7 he admitted that previously he had sold silver to business firms in Wellington and liad made 1/ in the £1 on the transaction. It would be submitted, added Mr. Meredith, that Toomey was guilty of an attempt to export silver, or, alternatively, if he was not himself actually attempting it, he was doiiijr something to assist someone else to "export it or to attempt to export it, which, under the Justices of the Peace Act, would make him a party to the ofTence. An attempt to export, silver was made a specific offence, and the question for the Court was whether the proper inference to be drawn from the facts was that an attempt was lie made in this instance. It was submitted that the facts_ of the case were not consistent with innocent handling of the silver.

Evidence was called to substantiate Mr. Meredith's observations, and to prove statements made by Toonicy in respect to his dealings in silver.

"A Legal Transaction." Mr. Haigh said that his client admitted the collection of the silver, and that ho was taking it to Wellington, but he would give a valid reason. He would show that it was a perfectly legal transaction he was engaged in.

William Toomey said he arrived in New Zealand about December, 1932, for the purpose of looking for a cabaret business. .Ho Had roughly £1200 in his possession. He made inquiries in Wellington about a cabaret, and during that timo the question of his collecting silver •was mentioned to him. It was proposed that witness should collect silver in Auckland and take it to Wellington to a man named Wilkinson. He was to get 5 per cent on it. Witness explained that ho had left Auckland with the sum of £807 in three bags, and had commissioned a taxi so that he would be with the money and bo able to look after it. On a previous occasion ho had delivered money to Wilkinson, and ho was going to do the same on this occasion. On the second trip, however, the money was stolen at Wanganui. Ho was not going to have anything to do with the money after it had been delivered to Wilkinson. Ht had no intention of exporting the silver, or of attempting to export it. (Proceeding.)