MISSING MOTOR-CYCLE

Dominion, Volume 24, Issue 111, 4 February 1931, Page 13

MISSING MOTOR-CYCLE

Witness Refutes Statements

CHARGE OF THEFT

Charged with theft of a motor-cycle valued at £BO, and with receiving the machine knowing tt to have been dishonestly obtained, Clement Robert Lawson (Mr. Meltzer) pleaded not guilty before Mr. Justice MacGregor and a jury of twelve in the Supreme Court yesterday. When the court adjourned the second witness for the Crown was still in the witness box. Lawson was also charged with theft of a. post office savings box, the property of Ralph Stewart, containing 25/- in money, and this charge also he denied. The Crown Prosecutor, Mr. P. S. Macaseey, with him Mr. Evans Scott, appeared for the Crown.

Ernest Ware, printer, in evidence, said he had left his motor-cycle outside St. James’s Theatre on October 12 last, about 8.15 p.m. Ho had returned for it about 10.30 p.m., and found it was missing. Its value was about £BO. On November 13 he had identified the machine at the Wellington South police station. It had been dismantled and put together again, but several parts of the engine were missing, the chain-guard and mudguards had been painted over, the engine number had been scratched out, and the number plates, were missing. Damage to the extent of between £25 and £3O had been done.

Boy with the Accused.

Evidence was given by a boy 17 years of age, who said he had pleaded guilty to theft of this motor-cycle before the Juvenile Court in November last. He had been with accused on the night of October 12, when accused had suggested that the machine should be stolen. Then the two had gone for a ride on the motor-cycle. Witness’ detailed a number of conversations held both with accused and a man named Welsh; he had been frightened that he would be caught, witness said, but when this had been mentioned in the hearing of Welsh the latter had laughted, and accused had said that Welsh could write with his left hand. Later 47110683 saw a receipt which, he understood, had been written by Welsh. Some weeks later accused had shown witness the motor-cycle again, and from under, the cover in which It was kept, he had pulled out a post office savings box which he said he had got from the. White Swan Hotel. A Later Statement.

Mr. Scott:-Since the proceedings in the Lower Court you have made a different statement to Mr. Meltzer? Witness: Yes. Mr. Scott: Will you explain how you eamo to do that?

Mr. Meltzer objected to this explanation being given. Mr. Macassey told his Honour that the lad’s father had got him to make a different statement to Mr. Meltzer. The lad himself had pleaded guilty to the charge in the Juvenile Court, but Lawson had pleaded not guilty. Replying to Mr. Meltzer, accused said ho was certain he had seen the motor-cycle before 8 p.m. on October 12 last. He had never seen accused take the machine to pieces, and he could not tell who had interfered with either the engine number or the painted name on the machine. . Witness said he could not remember the exact evidence given in the Magistrate’s Court; his memory was not good, and it was possible that some of his evidence was incorrect.

Asked to explain why he had first pleaded not guilty and then guilty, witness said he had first pleaded not guilty because ho thought riding a bicycle was not stealing It

Counsel: Did you tell Mr. Lawson senior that you had not spoken the truth in the Lower Court? Witness: I don’t remember. Counsel: If I said you did would you deny it? Witness: Yes.

Replying to further questioning from Mr. Meltzer, witness admitted that he had made a further statement contradicting some of the evidence he gave in the Lower Court. "To Get Out Quickly Enough.’* Answering Mr. Evans Scott, witness explained how he came to make the statement. Mr. Lawson, senior, he said, had driven him to his solicitor’s ofllce. He did not like the idea of going to the ofllce, and in order to get out of It quickly enough he had made the statement referred to. At this stage the court adjourned till thia morning.