Supreme Court Two Men Swear They Took Scrap Metal: Third Accused

Press, Volume C, Issue 29508, 9 May 1961, Page 13

Supreme Court Two Men Swear They Took Scrap Metal: Third Accused

Albert Alfred Coster and Claude Robert McQuoid, both part-time scrap-metal dealers, said on oath in the Supreme Court yesterday that they had taken and paid for £3l 6s 3d worth of scrap metal from a Christchurch firm’s yard.

The two witnesses were giving evidence for the defence in the trial of Douglas Hesse, aged 39, a workman and scrap-metal dealer, who pleaded not guilty to a charge of stealing the scrap metal that the two witnesses in his defence swore they had bought.

A third defence witness, ho said he had now been cr.arged with stealing the scrap metal with the accused, gave evidence that he knew nohing at all about it. Hesse denied stealing 1961 b of brass. 3881 b of copper, and 301 b of aluminium scrap metal, of a total value of £3l 6s 3d, the property of Adcock and Sons. Ltd., sheetmetal workers, on November 1. 1960

Mr C. M. Roper conducted the case for the Crown. Mr B. McClelland, with him Mr G. R. Blunt, appeared for Hesse. When Mr Justice Richmond adjourned the Court until today, all the evidence had been given. The jury will consider its verdict after counsel have given their final addresses and his Honour has summed up today. Crown’s Case Opening the case for the Crown, Mr Roper said that on November 1, 1960 two men called at Adcock and Sons, Ltd., in Madras street, and asked about the purchase of scrap metal The manager of the firm, Graham Oakley Adcock, saw only one of the men. This man was not the accused. Adcock would say he referred the men to the storeman. Claude Trewern. Trewern and the handyman. John Dellow, showed the two men the scrap metal in barrels with the prices marked on them. The metal was loaded on a truck the men had.

■‘Trewern will say that the accused told him he wanted to take the metal to the weighbridge at the station to check its weight He will say the accused signed a docket ‘G. Foster, 17 Harrow street, Timaru.’ for the scrap metal. Trewern took the number of the truck.” Mr Roper said. Trewern and Adcock did not see the scrap metal or the truck again. Mr Roper continued. On the same day two men in a truck sold brass, copper, and aluminium scrap to Tasman Traders. Ltd., for £3l 5s 7d. Mr McCaughan, of that firm, would say that the accused was with the man who sold him the scrap and asked him to make out the cheque to A. Thompson. 17 Seaview terrace. Timaru. The police made inquiries, said Mr Roper, and it was established that there was no Harrow street in Timaru and no No. 17 Seaview terrace in Timaru. , The Crown’s case’was that when the accused took the scrap metal he had no intention of paying for it. Bernard Grimes, a produce merchant, would say he was the owner of the truck of which Trewern took the number. Grimes lent the truck to the accused one day last November. The accused said he wanted to pick up some scrap metal. Accused had the keys of the truck for two hours. Adcock and Trewern would say that they identified the accused from photographs shown to them by the police. The accused was interviewed by the police on February 5, 1961, and emphatically denied stealing the scrap metal. On February 6, a man named McQuoid paid a cheque for £3l 10s to Adcock and Son, Ltd, saying it was on behalf of Mr Coster for scrap taken on November 1, Mr Roper concluded. Crown Witnesses Graham Adcock said that he got in touch with the police about the end of January after a leter sent by his firm to G. Foster. 17 Harrow street. Timaru. was returned marked “No address.” Cross-examined by Mr McClelland, Adcock said he did not see the accused on November 1. When attending the opening of the current criminal session, Adcock said he recognised a man called Newsome as the man who had been with Hesse on November 1. Mr McClelland: Did ycu t«ll the police this man was thick set, with some Maori blood in him. aged about 30? Adcock: Yes. Do you know Newsome is onlv aged 18?—I do now. Adcock was certain Newsome was the man who asked him about scrap metal on November 1. Called Three Men

With his Honour’s permission. Mr McClelland called three men. Newsome, McQuoid. and Coster to stand in the body of the Court. Adcock identified Newsome, find also McQuoid as the man who gave him the cheoue for the scrap metal on February 6. Trewern gave evidence and identified the accused as the man who bought the scrap metal. Trewern said that the accused gave his name as “Coster.” Trewern said he wrote “Coster” at the top of the docket, but the accused, after he had signed “G.” or "F. Foster." pointed out his name was Foster, so Trewern wrote “Foster” on top of the docket Mr McClelland again called the three men. and Trew-e-n identified Newsome as the man with the accused on November 1 and McQuoid as the man who oaid the cheque tn Adcock and Sons. Ltd., on February 6 Dellow said he was abso-

lutely certain that the ' accused and Newsome ■ 'whom he identified when : Mr McClelland called him) were the two men who took ; the scrap metal away. i Mr McClelland: Did you identify the accused after the police had shown you < photographs? Dellow: No. How do you identify him. , six months later?—l saw him round the town once or twice after November 1. You did not tell the police? —No. You did not give evidence in the Lower Court? —No. You saw the man who was the thief but you did not tell the police?—No. Why?—Because I was not asked. Come, Mr Dellow, you would not tell the police of a thief unless you were asked?—l would not. Detective S. J. Main said he showed Adcock and Trewern photographs of 16 men on January 28. Both identified a photograph of the accused as the man who bought the scrap metal. He arrested the accused on February 5. The accused made a written statement denying the theft. Cross-examined by Mr McClelland. the witness said he knew the next day that a man called Coster told the police it was he who bought the metal. He knew later that McQuoid had paid Adcock and Sons, Ltd., for the scrap metal. Loan of Track Bernard Grimes said that the accused had asked him for a loan of his truck last November. The accused said he wanted the truck to collect some scrap metal. The truck was away about two hours. To Mr McClelland, Grimes said that McQuoid and Coster were with the accused. The accused came back an hour before Carter and McQuoid. The truck was borrowed about 2 pm., and the witness had the keys back about two hours later. McCaughan, manager of Tasman Traders, Ltd., said he bought the scrap co Novetpber 1 from a man with the accused. Cross-examined, the witness said it was not likely that he had confused the date of this transaction for December 21 when, the accused would say, the witness had paid him a cheque tor £2l far scrap metal. Mr McClelland: Do you make out the cheque to whatever name is given you? McCaughan: Yes. You often don’t put any name in the cheque?—Yes, but I write it down in the invoice book. This is because they wish to evade income tax?—Yes. It doesn’t hurt you if they do evade it?—No. Defence Case The accused would give evidence that he was not one of the men who bought the scrap metal on November 1, said Mr McClelland, opening the defence case. The two men, Albert Alfred Coster, a part-time metal dealer and freezing worker, of Dunedin, and Claude Robert McQuoid, a painter and part-time scrap dealer, would give evidence that they were the two men who had bought the scrap metal and sold it to McCaughan. They would say they bought it on account and expected to pay when sent a bill by Adcock’s. "The.accused will say that he did arrange to borrow Grimes’s truck for Coster and ' McQuoid. but took no further part. It was not until February 5. when he was arrested by Detective Main, the accused will say, that he knew anything about it. and then he made a prompt denial of taking the metal,” Mr McClelland said. “The next day, McQuoid ' and Coster will say, they

heard that Hesse had beer, arrested. Coster will say he telephoned the police and said it was he and McQuoid who had bought the metal. McQuoid will say he paid Adcock and Sons. Ltd., for Coster, the same day. “Delicate Position”

“Newsome will say that he had nothing whatsoever to do with the deal and had never previously met Hesse. McQuoid, or Cooter. Newsome is in a delicate position, as he has been arrested and charged with this offence of theft, and will face his trial. In spite of this, he has come to Court today to say he was at work all November 1 and could not have been at Adcock's or with the accused. “You will have realised already that the question of identification is of the utmost importance in this case. The Crown witnesses were called on to identify the accused two months and a half after the offence. The accused said he was willing to go in an identification parade, but he has never been in one. "The Crown witnesses are equally certain that the accused and Newsome were the men who bought the scrap, but Newsome turns out to be a youth of 18.

“You have to believe if these men. Coster and McQuoid, have come here to tell deliberate lies—commit perjury—or that they are telling, the truth and there has been a genuine mistake,” Mr McClelland concluded. Coster and McQuoid gave evidence along the lines of counsel’s opening. Coster said he gave his address as “Coster, of 20 Harrow street.” He said he used to live at that address in Dunedin. He said the storeman had heard him say he had come from Timaru to Christchurch and had evidently assumed his address was Harrow street, Timaru. Signature

‘The storeman said 'Coster or Foster’ and I said ‘Foster’ to dodge income tax. That is the truth,” Coster said. Cross-examined by Mr Roper, Coster said the ‘Foster’ in the docket (produced) was his signature—the writing was exactly the same, except for the ‘F.’ The witness offered to write his signature or produce pay packets with his signature on. Mr Roper: You bought this scrap from Adcock’s and sold it to Tasman Traders? Coster: Yes. You did not make on the deal? —No. I expected to make a few pounds but I knew I was paying Adcock’s too high a price. You tost about 8d in the deal. The only way you could make money on the deal was by not paying Adcocks, wasn’t it?—l refuse to answer that. His Honour upheld Coster's objection to answering on the ground that the witness could refuse to answer questions which might incriminate him. Youth's Evidence Bruce Anthony John Newsome. aged 18, a driver, said he did not know the accused, Coster, or McQuoid, and had never met any of them before November 1. He was at work all that day and did not go near Adcock and Sons, Ltd. Before his arrest, he had never seen Adcock, Trewern, or Dellow, knew nothing of the present offence, and was not in any way involved in it The accused gave evidence along the lines of counsel’s opening. He said he had previous convictions, the last offence being eight years ago. The photograph of himself shown to the Crown witnesses by the police must have been one of himself eight'years ago. Cross-examined by Mr Roper, the accused said Coster had worked for him some time previously. When he was arrested. Detective Main had told him he had been seen at Adcock’s in Grimes's track. He (accused) then knew it must have been Coster and McQuoid, as he had only borrowed Grimes's truck once and had given it to McQuoid and Coster on that occasion.