MAGISTRATE'S COURT

Dominion, Volume 13, Issue 72, 18 December 1919, Page 13

MAGISTRATE'S COURT

EXTKAORDINARY CASE

POLICE OFFICER'S ATTITUDE

During the hearing of the charges of theft of 30 sanitary cans valued at J:9 ISs., the property of the I'otono Borough Council, preferred against two hawkers named Ernest Miles and John Millanta, 'nt tho Magistrate's Court. yesterday, the proceedings, in so far as tho proso-uition iras concorned, took an extraordinary turn. Mr. P. L. Hollings, S.M., was on :tho boneh, Detective-Sorgcnnt Rawlo pi'C cuted, and Mr. W. G. Mellish defended: Detective liaivlo stated that somo- Tr^p.between September H and 24 about „«▼ hundred sanitary cans wero missed fi-oir the borough's sanitary depot, nituateS nbont a' mile and a half from Petone. On September 23 tho accused wero scon pushing a hand-cart containing a quantity of the cans, which were, subsequently disposed of to metal ilealors in tho c.ty. •■ Evidence to this effect was given by several witnesses, -,- among whom wore Richard Tomlinc, manager of tho Kin Ora Galvanising Company, and William Hildreth, dealer in scrap-iron, etc Detective-Sergeant Mason'said that ho interviewed both Miles and Millanta on September 27, and tho latter made a statement to the effect that tno cans wero purchased from a man who answered the description of Richard Swaysland,' a witness for the prosecution. .(Swaysland was a labourer employed by tho Borough Council, and in charge of the sanitary depot.. In his. statement, Millanta stated that the man they met asked whether they could do anything with' some old cans, and subsequently they ell went to, a shed where the cans were stored and purchased 36 of - them, for which 375. 6d.' was paid. They loaded 1 them on to. Millanta's cart and started for Wellington. Miles signed the state- . ment agreeing with the details of Mil•lanta's story. Witness then interviewed Swaysland, who .denied, having sold ( the cans to the accused, and when ho was produced before the accused for idenl'r. fication purposes the accused said ho was like tho man, but they could not bo certain.

Continuing, witness said that he had made very careful inquiries into the matter, and he was by no means certain that the accused wero responsible for the theft.

Detoctive-Sergoant Bawle objected to this statement, but witness ' continued, and said that ho thought he had found n man who had' something to do with the affair. '

■ "This again is an opinion, Tour WorBhip," interjected Detective-Sergeant r Enwle. !•''',

In reply to the Magistrate, Mr. Mellish Baid he proposed to examine the witness on the statements he had made.

In reply, to questions by counsel, witness said that the accused were quite open and frank about the matter. An far as witness had been able to check the statements of accused they were correct. Ho hail found a man whom he thought; could throw some light.on tho matter, and that was tho witness Sways3aDd. ."I'am standing in a>ery awkward position to-day," continued witness, the first I have over experienced during liiy police career." Millaiita pivo witness* description of tho man from whom iho purchased the cans, and that 'description answered to the witness Gwaysland. When Swaysland was brought face to face with tho accused and another man thoy said he Tyas-liko the man, but could not swoar to it. The witness Tomline said that he had purchased cana from, tho man liko Swaysland for the past six years. Swaysland nt first reported that 400 cans were nv'ss!ng, and then live hundred,, nnd now he 6aid that there, wero only 100.

DQteotive-Sei'EfMiii HaVlo: You fny that Jlillanta and Tomlino were brought facn, to face with Swayslaml. and th?v could not identify him as the man ?—"No." He denied that lio hnd sold the enc9 to them?—"Oh, yes; he 'denied that." Continuing, tlie ivitnes3«iid that when the theft was first reported it was statedi that tv sheet of iron missinpr from the Bhed had hecn torn off by. tho person* who stole tlie cans, wherKis.wilness found that the, holo in the'shedi was, and hnd'I 'been for th'e past eight year 3, the only entrance to the plied.

. This concluded the case for the pros!cution, and Mr. Mnllish submitted that the charges should ho dismissed, as there was'a doubt on the matter admitted by thn police. His Worship decided that there was a prima facie case to answer, and suggested that before deciding to sejid the ciisu to the, Supreme, Court, counsel, if he thought fit, might call evidence. Millanta. then gave evidence, stating that he wis a dealer in anything sit nil, and than detailed ..the circumstances •which led up to his connection.with the missing cans. He and Miles were together at Petono on September i'i, and whilst in conversation with a man like Swaysla.nd it wa? agreed that they should .purchase tho can.". This thpy did, and sold tliem to two city firms.' He denied that ! ho had stolen the cans., and asserted _ that, he and Miles had nurchased them from a nia.n who resembled Swaysland/ As he was not sure that Swaysland was tho man, ho would say on principle thnt ho was not the mnji. Witness admitted to Dctective-S-vgoant J?nw]p that he had been previously convicted of theft and of receiving.

This concluded tho ease, and His AA'orihip decided .to edid the case. .to the •lupremo Court. Both licensed pleo.ded iot guilty, and were sent np fo>' trial. Jail was allowed in the sum of .£SO, and we surety of ,£SO each. OTHER- CASE'S. A fine of lO*. was imposed on George Mart, who pleaded Eiiilty to a charge of disturbing an election meeting at the Star Theatre, Newtown, ' on Tuesday night, which was Treinjr addressed bv Lieut.-Coloncl Mitchell, D.S.O.

For drunkonnoss, George William Francis was lined ,£2, Hugh Lancelot Alnchell was fined .£3, and David Alexander Lauder was fined ;El. Four first offenders Tvero leniently 'dealt with. '