CHARGE FAILS

Dominion, Volume 24, Issue 19, 17 October 1930, Page 6

CHARGE FAILS

Two Youths and Some Lead When walking near ~the Texaco Oil Company’s tanks not far from the Hutt Park, Edward Carlton and Albert John Pete Kreyl, two youths, saw a bar of lead, weighing about fifty pounds, lying in the middle of the road . They hid it in some bushes and went back for it later. On their way back through Petone they attempted to sell it, but the man was out. A little further along the road they were accosted by J. IL Avenell, a contractor, who informed the two that the lead was his, and had his brand. The youths were apparently not satisfied, and Mr. Avenell left them to go for the police. When he returned with a policeman the bar of lead was.found near where he had left the youths, but they had gone. Following this, Carlton and Kreyl were charged in the Magistrate’s Court at Petone, before Mr. T. B. McNeil, S.M., with the theft of the lead valued at 10/-.

Avenell said he had not missed the lead, but recognised it when he saw it carried by the two accused. Cross-examined by Mr. Childs, who appeared for accused, witness said the youths when they saw him did not stop but hopped round the corner. The defence was that the youths thought the lead had fallen off a lorry. They had no idea of being able; to find the owner, but they watched the newspapers in case there was an advertisement for it.

"It is possible,” said the magistrate, “the defendants may have been perfectly honest. In the circumstances it is not theft and I will dismiss the charge. It would have been very much better for the defendants had they notified the police.”