THE ALLEGED WHARF

Dominion, Volume 4, Issue 1221, 1 September 1911, Page 6

THE ALLEGED WHARF

THEFTS. ■—: CHARGE AGAINST J. A. M'INTYRE, JURY UNABLE,TO AGREE. {By Telegraph,—Pros? Association.) Auckland, August 31. John • Alexander M'liityre, --for some time foreman on the wharf for Can* and Haslam, was charged to-day, in conjunction with Elirman, with theft of a ease of tobacco, valued at i'llli odd, (lie property of Winstpne, Limited, from the .Queen Street Wharf on' November 1, 1910. Ehrman pleaded .gnilty. yesterday, anjl M'lntyre, defended by 111'. London, denied tlie indictment. . Ml'.: Tolo outlined the allegations of the charges. A case of Old Judge cigarette tobacco was consigned under bond from Wellington by the Hauroto through Winstone, Limited, for f. ][. Hall and Co., and was duly landed with another case on the Hobson Street Wharf on November 1 of last year. The cases were taken round to the examination shed on the Queen Street Wharf, aiul one completely disappeared. At that time accused was engaged in the shed as an official interested.in the delivery nf goods, and when spoken to concerning the missing. case he denied- any -knowledge bf it. It had- been, ascertained that about (ho date' of. the disappearance of, the case ll'lntyre got a carter to take a' case of tobacco to Glover's store in Fort Street. M'lntyre assisted to lift the case on the cart, and paid the carter ss. for the job, paying a similar-sum for another bit of carting to the samo placo a day or so after. •

Evidence was given as to the landing of the two cases of tobacco, one marked Old Judge,-from the Hauroto on the Hobson Street Wharf on November. 1, and their subsequent removal by a carter, Thomas Thwaites, to the examination shed on the Queen Street Wharf. Others were present and witnessed the removal.

l John Greaves, a delivery,-cleric,.remem-liered accused looking for. two cases of tobacco some time heforo Christmas, and and when his attention was drawn to the cases in the examination shed, saying they were not the ones ho was after.

■The jury retired at half-past five, and were locked np till 10 o'clock. The foreman then intimated that they .were unablo to agree upon a verdict.'. His : Honour asked if there .was any question in ,regard to evidenco .already taken, upon,-.which the jury de'sired further directions: from him.

The foreman consulted for' a..few minutes with, his 'feilqw, jurors, and then stated: there' was absolutely- no possibility of them:- agreeing- upon -verdict. • ' His -Honour said- the case; would have to be tried, over again: -, ' , i The Crpwii-Prosecutoivapplied for a now trial. -. .. : '•'•..; -■ -

His Honour said ; -he would intimate tomorrow when the new . trial would take place. , , ...The prisoner was released on.bail. ,