VAN CONVERTED TO OWN USE

Dominion, Volume 21, Issue 120, 18 February 1928, Page 13

VAN CONVERTED TO OWN USE

CARRIER BEFORE COURT Frederick Gordon Potter, a carrier, aged 43, pleaded guilty in tue Magistrate’s Court yesterday to unlawfully converting to his own use a mctor-van, valued at .£220, the property of Charles Edward 8011, hut not so as to be guilty of theft. Sub-Inspeetor Lander stated that Bell, who was a baker, carrying on business in Kiddiford Street, missed his van from the rear of the premises, at 11 o’clock on Thursday night. Later the vehicle was found about 200 yards from the shop. Accuse'!, who was discovered in the house of his brother nearby, stated that Bell had given him permission to *ake the vehicle away, but this the latter denied. When seen by the constable, Potter was under the influence of liquor. Ho had been driving for Bell util September last, and ;*t present occupied the premises over the shop. Accused had driven Belt home one night recently, but had no right to take the vehicle.

“Bell,” went on the sub-inspector, "asked this morning that the charge be withdrawn, but this request was, of course, refused, as the matter was in the hands of the police. Potter was convicted in 1922 for being drunk in charge of. a horse and cart, and in 1926 for being drunk in charge of a motor-car.” Mr. C. A. L. Treadwell, who represented accused, suggested that a small fine would meet the case. Potter was a man of good character, and all his previous trouble had been caused by drink. His own car was alongside Bell’s on the night in question, but as the lighting system was at fault, he used the other vehicle to drive his brother and the latter’s wife home. . The Magistrate (Air. E. Page, S.M.), in convicting Potter, said that he thought the case different from the usual one of unlawful conversion, inasmuch as accused had worked for Bell, and had recently driven him home. Hi> also lived above the shop. Jit the same time, accused had been convicted previously, and it seemed that if he had been unlucky he might have now been before the Court on a more serious charge, as he was, it seemed, under the influence of liquor when the constable saw him.

Potter was convicted, and ordered (o come up for sentence when called upon within two years, a condition of his release being that he sign a prohibition order for a year prior to leaving the Court. At the expiration of that order ho would have to take out another one for a further twelve months. “Remember, Potter,” concluded the Magistrate, "if you do not comply with this order and refrain from intoxicating liquor during the next two years you will be brought before the Court, and sentenced on this charge.”