SENT FOR TRIAL

Auckland Star, Volume LXXIV, Issue 109, 10 May 1943, Page 4

SENT FOR TRIAL

RECEIVING CHARGE

SENSATIONAL EVIDENCE

Evidence of a sensational nature was tendered before two Justices in the Police Court to-day when William James Henry, a boot finisher, 41, .was charged that between December 10, 1942, and February 25, 1943, he received 708 bottles of whisky valued at £575 7/4, before then stolen, and that at the time when he received the whisky he knew it to have been dishonestly obtained. _ ... Detective-Sergeant F. N. Aplin prosecuted. Mr. J. F. W. Dickson appeared for accused. . . William Farmilo, who is awaiting sentence, having already pleaded guilty to the theft of 708 bottles of whisky valued at £575 7/4, from Hutchinsons (Wholesale), Ltd., said he was employed by this firm from September 8, 1942, to March 16 last, as storeman in charge of the spirits department. He first met the accused, Henry, in a Parnell hotel last November, when Henry asked him if there was any possibility oi buying whisky from Hutchinsons. Witness told him there was no chance of buying any. Big Gain Expected "Accused asked me to go out to his house, and one night I did so, continued Farmilo. "We discussed the possibility of stealing whisky from the firm. We came to an arrangement whereby Henry was to place an order for beer and I was to substitute whisky for the beer m the order. It was also arranged that he would call for it in his car. Accused said that if any delivery was made by the firm's lorry the substitution might be discovered by the lorry driver or the dispatch department. Henry was to pay cash for the beer ordered. I was to get £1 10/ for every bottle of whisky supplied to Henry, plus one-third of whatever he received for the whisky. Henry maintained that he would be able to sell the whisky at a price between £4 and £7 a bottle." "Blows Were Struck" Farmilo also said it was arranged that out of the amount Henry paid him for the whisky he was to deduct the amount he paid the firm for the beer. Witness said he stole 59 cases of whisky from the firm's bond store. On several occasions he packed beer on top of the whisky to camouflage it. Accused knew witness was stealing the whisky. "On each occasion I supplied whisky to accused he paid me part of the money," Farmilo went on. I received from Henry approximately £250 for the 708 bottles, whereas I should have received from him between £2000 and £3000. . _ "One night in March, I think it was March 5, Henry asked me to go to his house. I did. There were words over money matters and blows were struck between us. After I struck Henry, he told me he would notify the police and would put me in the right place. On several occasions previously I had asked Henry for the money due to me, but he always kept putting me off." The witness said he told Henry it was about time they had a settling up, when Henry replied that it was the last time witness was going to threaten him over money matters and that he was going to notify the police. Not long after this incident Henry pointed out witness to Detective-Sergeant Aplin, who took him to the detectiVe office and arrested and charged him with theft. Farmilo stated that Henry had told him he had been selling whisky for as much as £7 a bottle. Mr. Dickson: You tried to blackmail Henry, did you not?— No. He handed me over to the police because he was not going to have me threaten him any more. "Had Been Beaten Up" Detective-Sergeant Aplin said that on the night of Friday, March 5, Henry, who was slightly under the influence of liquor, called at the detective office and spoke to witness. Henry had a cut on his upper lip which was swollen. He said he had got into a bit of trouble and had been beaten up, and that he had got the injury through being mixed up in a "crook business" that had been going on in the city. Henry also said he was frightened owing to Melhose getting four years, and that he knew that what he had been mixed up in would be found out. "Henry asked me what chance there was of getting an indemnity from prosecution if he told the whole story," added the detective-sergeant. "I told him I was in no position to get him an indemnity. Henry said if he exposed the whole story he would expose one of the biggest rackets going on in Auckland for years." "I asked him if he was mixed up in the whisky business, and he replied, 'Maybe, but at present I'm not going to tell you.' Accused said he had been mixed up in some crook business with another man, but he was not going to save him. He also said he had only been handling the stuff, but that it was worth £26 a week to him. Henry said he would call the next morning at 9.30 to tell the whole story, but he did not keep the appointment."

Accused's Denial Detective-Sergeant Aplin spoke of seeing Henry on April 2 and telling him it had been alleged that accused had received liquor stolen by Farmilo. Henry denied all knowledge of the thefts. He said he had placed orders but had only been supplied with the actual goods ordered. Henry further denied that he had got any whisky from Farmilo. "On the evening of April 6," continued the detective-sergeant, "the accused 'phoned me and said that Farmilo was in Jervois Road and that he was threatening him over money matters. He said that if I went out there I would pick Farmilo up and that I was on the right track. I went to Jervois Road in a police car. Henry drove up in a taxi and pointed out Farmilo, saying: 'There he is! , I took both men ■to the Detective Office." On April 29 witness and Detective Lennon again saw Henry. When the charge was read to him, his only comment was: "You won't be able to fit me. I've had it all fixed up." Other evidence was given, after which accused pleaded not guilty and was committed to the Supreme Court for trial. Bail was renewed.