A TOBACCO AFFAIR.

Dominion, Volume 5, Issue 1282, 10 November 1911, Page 3

A TOBACCO AFFAIR.

THEFT ALLEGED. EIGHT .VEX COMMITTED I'OR TRIAL. The auditorium of the Magistrate's Court was crowded yesterday morning during the hearing of the ehnrges against right wharf labourers of the theft of about --lb. of Jlavelock tobacco from the steamer Moana when sho was in port on October 27. The value of tho tobacco was set down as .£li Is. 'Hie men accused were Alfml Nelson, Donald M'Phorson, Anton Olsen, John llindie, William Young, Fred. Lindsay Backhouse, James Wright, and Harry Douglas. Mr. W. G. Riddell, S.M., was on the bench. Chief-Detective Broberg conducted tho caso for tho Crown, jlr. A. L. Herdman appeared for some of tho defendants, and Jlr. A. H. Hindmarsh for others. The Evidence, Tho chief officer of the Moana, William Paul, gavo evidence that on October 17 and 18 about 200 cases of tobacco vero shipped on tho vessel at Melbourne for convoyanco to Wellington. The case of Ilavclock tobacco in Court was one of the number. On the voyage tho case could not I>3 got at, as it was overstowed with other cargo. The Moana roachod Wellington on October 27. On that day his attention was drawn to the ease, which was then in a wharf shed damaged. The Moana sailed from Wellington that evening, and on October 29 he searched Ko. 1 hold, and found thero 4Ub; of tobacco and a picco of a box which, according to tho label, had contained Uavelock tobacco.

Edward Eossiter, of 7 Murphy Street, a Harbour Board storeman, deposed that ho received tho cases of tobacco from the Moana, and noticed the damaged case with tho hoop-baud broken and a board sjiit. Ho brought tho matter under notice. "My Word is as Good as Yours." Gordon Lecland Aickin, claims clerk in the Union Steam Ship Company, deposed that ho mado a complaint to Detective Andrews, and when tho men who had been working in tho hold concerned wore taken into one of tho wharf sheds ho followed and watched proceedings closely. Ho saw Young make a movement of the arm as if trying to get rid of something, and ho heard a slight sound as of something falling. Afterwards ho found ono plug of Havelock tobacco in tho direction of the sound. Later on Young objected to the authority of tho detcctives to search tho men.

Mr. Iliudmarsh (interrupting): "It is not what he objected; it is what he said." Chief-Detectivo Broberg: "You have no right to cross-examine." Mr. Hindmarsh.: "I have a right to interpose." His Worship: "You will get an opportunity to cross-examine." Mr. Hindmarsh: "I want tho witness to say what tho words were. This is the proper place to say it." Detective Broberg: "You can get it out in cross-examination." Mr. Hindmarsh: "I submit that 'it should come out now. The witness has no right to draw inferences." His Worship: "But is tho witness drawing inferences?" Mr. Hindmarsh: "Yes; certainly he is." His Worship (decisively): "Well, I say the witness is not drawing inferences. He is giving his evidence of what took place, and it is the Chicf-Dctective's dutv to get that." Mr. Hindmarsh: "Well, I object." His Worship: "You aro only wasting time." Mr. Hindmarsh: "I may be wasting time, but rightly so." His Worship had the business proceeded with. Aickin continued his evidence. Respecting the plug of tobacco which ho said ho nicked up, ho stated that Young said to him: "Say nothing about that, or I will deny it; and my word is as good as yours." Mr. Hindmarsh: "Did anyono hear you and Young?" Witness: "No; Young spoke in a whisper. I was standing apart at tho time, and Young approached me." How the Detectivcs Worked.

Detective Andrews stated that at about 1.45 on October 27 he received n complaint from Mr. Aiclnn, and in consequence went to the Moana. As they were standin? near the vessel they saw Hindle leaving it, and going around the B shed. He went to interview Hindle, and Detectivo Lewis kept watch at tlio. steamer. Ho asked Hindlo if he had seen or heard of any tobacco being stolen in tlio hold that day. Hindle said, "No." Witness asked if Hindle had stolen any. Hindle again said, "No." He asked Hindle what ho had m his pockets. "Nothing" was the answer. He felt Hindlc's pocket, and there was something hard there, and on request Hindlo produced eight plugs of tobacco, which he said had been given him by a man in tlio hold that day; and that he would know tlio man if lie saw him. As the gang camo up out of the hold they were ordered into the B shed. There were 13 altogether. "Wright and Young wanted to know what they were being detained for. Witness made'an explanation abo'nt the theft. Backhouse stepped up, and said that ho had some tobacco, and that he had found it on the orlop deck on the Moana that day, had brought it ashore with him, and also that lie did not know that any tobacco was missing- Later, Baekliousn produced his coat, and witness took from it 31 plugs of tobacco. All tho men stated that they had not seen or heard anything of the missing tobacco. Tho Search.

Witness and Detective Lewis then stated thoy intended to search tho men. Wright said he would vouch for the honesty of himself and. fivo of tho others. Wright was found to have two plugs of Havelock tobacco, which lie said he had bought at tho wharf storo (one that day and one on tho previous day). Young hail no tobacco when searched, but just as witness was about to search him Aickin produced a plug, which ho said Young had thrown away. Young mado no remark. Hindle, when asked to pick out the man who had given him tlio eight plugs, pointed to Young. Young passed some remark to Hindle, but witness did not hear what it was. . Douglas had ono plug of Havelock, which he said ho had bought at tho wharf storo at about 10 minutes to ono that day. There was a small pieco off tho corner of that ping. Olsen had six plugs of Havelock, which he said ho had bought at a shop in town —ho didn't know tho name of the shop, nor tho name of tho street. When in the shed Olsen was the only 'man who would not put a coat on. A coat was found on a case, but, though it fitted him, Olsen denied it was his. In the coat were 15 plugs of Havelock. Nelson had two pieces of Havelock tobacco—ono nearly a plug, and tho other about half a plug. Theso ho said ho had bought at tlio Chinaman's shop opposite the Bank of New Zealand—one plug tho previous night, and tho other next morning. M'Pherson had two plugs of tobacco, ono of which had a piece off the corner. Ho said he had bought them that day from a shop in Cuba Street next to the Imperial Hotel. Tho fiv« other men had no Havelock tobacco about them, so they were allowed to go. The case for the prosecution was then closed.' Mr. Hindmarsh: In regard to Douglas, does your Worship think there is any evidence against him at all? Part of ono plug of a common brand of tobacco was found on him. His Worship: There is a prima facio case, calling upon him for an explanation. Tho accused pleaded not guilty. They were committed for trial, and bail was allowed them.