VIGOROUS DEFENCE

Dominion, Volume 30, Issue 158, 1 April 1937, Page 16

VIGOROUS DEFENCE

Man With 65 Convictions on Theft Charge Dominion Special Service. Napier, March 31. Charged in the Magistrate’s Court at Napier this morning with the theft of a. pair of boots and a quantity of clothing, the property of John Canavan, William Adolphus Cunningham conducted a vigorous if unorthodox defence on his own behalf. It availed him little, however, as at the conclusion of the evidence he wae? sentenced to two months’ hard labour by the magistrate, Mr. .7. Miller, S.M. The prosecution was conducted by DetectiveSergeant H. Nuttall. • The police case, a« outlined by the detective-scj’gcanr, was that when Canavan arrived in Napier he left his K\vag at the railway station. He met Cunningham. and after having drinks together, both men returned for the swag. Canavan had difficulty in carrying it, so Cunningham picked some of it up and walked off with it. Later the boots were sold Io a second-hand dealer. In the box. Canavan said that accused had no authority to sell the boors. Accused’s cross-examination of Canavan ran as follows:—

Accused : When did you leave Masterton? —"On Tuesday.” Accused : Will you tell his Worship what, constable chased you out «d Masterton? —IVitnessK reply was inaudible.

Accused : Wore you drinking methylated spirits in Masterton?—"No.” Accused: You have been put through a pretty gruelling medical treatment at the jail, haven’t you?—"Oh, no. I wasn t too bad.”

Accused: Do you drink methylated spirits or is your mind a blank?—”l do not drink methylated spirits.”

Accused: Well. 1 drink it myself and you drank i( with me from the same bottle.—"T (lid not. 1 tell you 1 don t drink methylated spirits.”

Accused : Do you think' it was port wine?—Witness did not reply. Accused: Do you reincmber going to the Sr. Patrick’s concert ' and refusing to pay the doorman? —"No.” Accused : You don’t seem to remember much about what happened at all.—” 1

was quite sober when I went to the st a tion.”

Thomas Hayes, clerk, of Napier railway station, described rhe visit of Canavan and accused to the station, where the swag was collected. Canavan was drunk, he said, and Cunningham at first refused to fry to ass’st. He stared that he was too honourable a man to go through Canavan’s pockets to find the ticket. However, he later overcame his scruples, found the ticket, and took the swag away.

In the witness box accused said that when he left the station plaintiff told him to sell the boots if he could get a few bob for them. He sold them for 5/-, which he and plaintiff spent on drink. "He as so stupid that not two hotels in Napier would serve him,” declared accused. "I had to buy the bottler? in the finish and give them Io him up on rhe Marine Parade. The night he was arrested he had been drinking methylated spirits.” When the deh-ctix'e produced accused’s list of 65 previous convictions ho was very indignant. ‘‘That prosecution.” be declared to the magistrate, pointing to the detective-sergeant, "gave you my past record before (he case was hoard.” "Yon haven’t done much work by your record.” commented the detective.

"How can 1 go to work if you keep porting me in jail?” accused wauled to know. Turning to the magistrate, he said: “You. sir. are one of the mosi learned magistrates in New Zealand, and I am going to ask you to give me a chance. If there is any doubt you must give it to me.” "Your defence.” said rhe magistrate, "is that this man was drinking and wanted more money for drink. I believe you took the swag with the intention of stealing it.”

I ‘etectivp.Sergeant Nuttall commented that accused way? fast qualifying as an habitual criminal. Ho had 65 previous convictions and was in and out of jail all the time. "Ever since 1 was given five years’ reformative in this very box 1 have been crushed and crushed,’’ said witness indignantly.