FOUND GUILTY.

Dominion, Volume 4, Issue 1219, 30 August 1911, Page 5

FOUND GUILTY.

WHARF PILFERING CHARGE. ADDRESSES BY COUNSEL. ACCUSED REMANDED FORSENTENCE. (By Telegranli.-Prcsi Association.) Auckland, August 29. Tho Supreme Court was occupied nil to-day in hearing tho joint charge of thelt of a ease of goods from tho wliurf by Joseph Ehrman and Alfrrd Ernest lladden, nnd tho alternative count of being in possession of stolen goods against Ehrman. Evidence for the prosecution having concluded, Mr. Singer intimated that ho did not intend to call evidence on behalf of Ehrman. Mr. Reed said ho would call witnesses to show that for somo time Uaddcn, who was of good held responsible positions, and had been a representativecricketer for some years, had Ijceii drinking excessively, and the position arose as to whether a. man who had previously lived an honest lifo for a considerable timo would suddenly indulge iu a theft of tho nature of tiro one with which lladden stood charged. With a man who had been drinking it was likely tho real offenders would escape punishment, work on tho weakness, and put tho blame oa him, possibly trusting that in his state ho would not be nble to defend himself, or possibly thinking by their weight of evidence and their numbers to get the drunken, but innocent, man convicted. Tho evidence to bo called, said Mr. Reed, would show that on July I) lladden waa wandering aimlessly about tho wharf sheds, and could not get employment in Ins condition, and certainly helped a carter to lift a case on to ' a trolley; but it would bo shown that it was utterly impossible for Hadden to havo removed the case as described, and to havo done what wad ascribed to him at tho railway station, whero ho was in a hopeless state of intoxication. Tho whole atmosphere ef tho case suggested that Had-den was designedly and deliberately kept in a more or less state of drunkenness, so that he could bo • mado the scapegoat nnd would bear the brunt of the offences if detection followed, llis actions showed him to bo under the influence of liquor and incapable of conceiving ,or carrying out any scheme of thefts.

Sub-Inspector Ilendrey stated that on seeing Hadden afkr his arrest he lrore tho appearance of having been drinking to excess. Douglas Hay, who had known Haddcn incrieket circles for seven or eight years, said his character was one of scrupulous honesty, and witness had never heard a whisper against him. Ho had boon ou tours with Haddeii, and his only failing was drink. Sergeant fiamsny stated that when Haddcn was arrested in. Quay Street on July 11 he appeared to havo been on a drinking bout, and was so seriously affected that witness gave instructions to the watchhouse-kceper to look after accused while in tho cells. Witness knew nothing against accused's character. Margaret Myra 1 hidden, wife of tho accused, gavo evidence to the effect that fer two or threo months prior to his nrrost her husbund had been drinking excessively, and sho took steps to have a prohibition order issued against him, Hβ Kept sober whilo working. He commenced to carry liquor home and to drink whisky, which he had not previously dono. i Michael Kelly, etoreman at tho Auckaud railway parcels office, stated that he saw Haddcn on the station platform in a very drunken condition on tho after-' noon of July 3. Several men were near a case, someouo asked for a marking pot, , and two or three of tho number, Ehnuan being ono of them, helped to lift the caso on a cart. Hadden was near by, and an. pcared dazed. Witness spoke to him un cricket matters, but Hadden was too muddied to speak intelligently. Ho was half silly." This closed tho evidenco for the defence.

Mr. Reed, in addressing Hie jury, reiterated that Hadden. so far as honesty was concerned, was ot unblemished character, and unless under extreme tempt. , .- tion such a man would not, late in life, suddenly give way to theft or criminal tendencies of a dishonest character. Counsel argued that ell tho circumstances showed Haddon to have been constantly muddled with drink, and while in that condition was pushed forward to screen tho guilty persons. It wag fully evident that in order to get cases airaj from ■ th& shcdn and past the delivery clerk someone was conniving, and. as that someone had not been called upon to answer the charge, it was in his interests to escape detection to support the suspicious circumstances implicating an innocent man.

Mr. iole characterised llio defence raised on behalf of Haddcn as extremely weak, and defended tho witnesses called for tho Crown from tho imputations made against their honesty and veracity by Mr. Kced. Counsel submitted that the suggestion Uiat Haddcn was a besotted drunkard, wonk brained, and bordering on delirium tremens, before and at the time the theft was committed, was not endorsed by any of tho evidence adduced, and the most that could, ho shown was that after Haddou had been taxed with tho ofl'ence, and at a time lie was mentally worried, lie (low to drink. The array of witnesses for tho Crown had, on tho other hand, said that accused was not drunk on July 3. Tho written statement given to the police, by Haddcn was a designed, cunning document, no doubt given after a conference with his solicitor, and it certainly showed the reverse to the accused being clouded aud muddled with drink, Tho whole of tho circumstances disclosed concerted nnd converging action iu tho conspiracy to successfully got away with tho goods. His Honour, in summing up the ovidonee, pointed out that the Crown's case was that lladden had not answered the charge of stealing the caso of goods, and Elirman had not answered tho charge of having received it. There was no question as to the identity of the caso as the one packed in Dunedin and sent up to Auckland. In regard to the prisoner I'lhi'inaiii it was shown that tho case was removed from the wharf on July 3 without the consent of the owners, was spirited away to the railway station, and thero Ehrman was found dealing with it as if it wero his own property. Hallonstein'a mark was obliterated, and Khnna-n , !) mark was substituted. It was sent to Stratford, a.ud Ehrmnn received it there, and proceeded to sell tho goods at Stratford and Wanganui. Jt was suggested by counsel that someone wanted to steal this case, and finding Haddcn, a man who knew all the ins and outs of tho working of tho wharf sheds, in a drunken condltiou, made a tool of him to get possession of tho caso, but snmo seven or eight days after Hadden, nfter being in custody, and having overcome his drunkenness, gavo a nnnulo narrative of what took plflco on tho wharf. The truo inquiry for the jury was as to tho honosty or otherwise of fladdon's intentions in. liis interference with Ualleusteiu's property. Tho jury would inquire what ho was doing in tlio shed at all, nnd whether it was his intention to get hold of somebody's property, nnd got it away. ]f the witness Humphries was speaking the truth, (here could bo no doubt that lladden was endeavouring on tho same day to induce him to take a hand iu a theft. Tho jury returned with a verdict of guiltv against both prisoners, reoomiuomiinc that leniency should be shown to Haddcn on account of his previous good elia.rac.ior. Tho prisoners were remanded for sentence.

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