RECEIVING ALLEGED

Press, Volume LXXXIII, Issue 25365, 12 December 1947, Page 5

RECEIVING ALLEGED

ACCUSED COMMITTED FOR TRIAL

EVIDENCE IN LOWER COURT Pleading not guilty to a charge of receiving, on November 17, from Patrick Denis Canovan and Raymond Cecil Wyness, one full bolt of worsted material, two part bolts of worsted material, and 11 bolts of linings, of a total value of £3ll 16s 2d, the property of the Paris Manufacturing Company, Ltd., Edward l James Donnithorne, aged 24, a tailor, was committed to the Supreme Court for trial in the Magistrate’s Court yesterday by Mr F. F. Reid, S.M. Mr W. R. Lascelles appeared for the accused, and DetectiveSergeant A. A. Herron prosecuted. Bail was renewed, and Donnithorne was ordered to report daily to the police. Clarence Henry Stockbridge, manager of the Paris Manufacturing Company, said the premises were broken into between November 13 and 17 last, and material of a total value of £502 15s stolen. He examined some material at the detective office on November 19, which he identified as belonging to his firm. On November 21, after having received a message that Donnithorne wished to see him, he went to accused’s shop. Donnithorne told him that he had read in a newspaper that material had been stolen from the Paris Manufacturing Company, adding that he had purchased some material in somewhat suspicious circumstances. Witness saw the material, which he identified as belonging to his firm. Donnithorne suggested the material be taken back to the warehouse, but witness had replied that the matter was in the hands of the police. The goods were difficult to obtain, he said.

Canovan, in evidence, said he had been sentenced to imprisonment for 12 months with hard labour on a charge of breaking and entering the premises of the Paris Manufacturing Compariy and committing theft. He knew the accused by his Christian name. “I was in the private bar of the Embassy Hotel with my partner in crime, Wyness, and the accused about the beginning of November last,” the witness said. “I asked Donnithorne if he would make me a suit. Donnithorne replied that he was short of material and that if I could get some he would pay a fair price. Six months previously the accused approached me in Lichfield street and asked me if I could procure some suiting materials for him.” Negotiations with Accused At 11.30 a.m. on November 15 he went to the Embassy Hotel with some samples of material, which he showed to the accused, continued the witness. Accused examined them in the lift and made an offer of 5s a yard for the linings and £5 for lengths of suiting material. Witness then detailed arrangements made for delivering the goods to Donnithorne, who paid him £229 in cash one night and £32 by cheque the next day. He was told to cash the cheque at the Embassy Hotel and not at a bank. He saw Donnithorne on November 20 to ask him to stand bail for Wyness, who had been arrested, but this the accused refused to do, saying that he washed his hands of the whole business. On November 21 he identified material at the detective office which had been stolen by Wyness and himself.

To Mr Lascelles, he said the accused and two other men had gone with him to Wyness’s flat on the night accused took charge of the materials. When Mr Lascelles suggested that he had used abusive language to the accused outside the Embassy Hotel, the witness said that at the time referred to he rode past Donnithorne on his bicycle, but did not speak. He said he had been convicted for dishonesty 15 years ago. Canovan’s evidence dealing with what had happened at the flat was corroborated by Wyness. He received half the money paid by Donnithorne to Canovan. To Mr Lascelles, Wyness said he understood that Canovan had asked Donnithorne to stand bail for him and that Donnithorne had refused.

Loan to Accused Onslow Rowen Whitford, a commercial traveller, said he had assisted to remove the materials from Wyness’s flat on November 17. He said Donnithorne had asked Canovan whether the material was "hot,” and had received the reply that everything was all right. He considered it was no business of his. The accused had previously asked him for a loan as he was short of money.

Witness added that he had read in a newspaper about the Paris Manufacturing Company’s premises having been broken into. He told Donnithorne, who said he would communicate with the police. He said to Mr Lascelles that Donnithorne had telephoned the police in his presence. To a further question by Mr Lascelles, he said that Canovan had used abusive language to accused outside the Embassy Hotel. Such materials as had been produced in Court were difficult to obtain in Christchurch or Wellington, said James Murphy, a warehouseman. It was impossible to secure bolts of worsted material because of general shortages.

Detective L. D. Harrowfield detailed inquiries made by him which led up to Donnithorne’s arrest on November 26. Accused made two statements, he said, dealing with his negotiations with Canovan It was when Canovan refused to give him a receipt for the money that he thought the goods might have been stolen, accused had stated.

Detective A. B. Tate corroborated evidence given by Detective Harrowfield regarding the recovery of the material. ■ He said he had been approached in Colombo street by Donnithorne, who told him he had in his possession some material which he thought might have been stolen from the Paris Manufacturing Company. Accused appeared agitated. He told Donnithorne to leave the material at his premises until Detective Harrowfield could communicate with him.

£lOO Fine For Bookmaking.—A fine of £lOO was imposed on Kisha Bhana, aged 33, for bookmaking when he appeared before Mr F. H. Levien, S.M., yesterday The prosecution said he was taking about £2OO a week in bets. The defence counsel said the accused kept only small bets, and passed large ones to the bookmakers for whom he was acting.—(P.A.)