CONVERSION OF TRUCK

Dominion, Volume 31, Issue 162, 5 April 1938, Page 7

CONVERSION OF TRUCK

Term Of Imprisonment

For Seaman z VEHICLE RETURNED WITHOUT DAMAGE Frederick. George Phillip Lester, seaman. aged 32, was charged in the Magistrates’ Court, Wellington, yesterday with driving without a licence and with converting a motor-truck on April 3. Mr. J. G. L. Hewitt was on the Bench and Mr. R. Hardie Boys appeared for defendant, who pleaded guilty to the first charge and not guilty to the second one.- The defence stated that a man named Bob Rutledge had told Lester that he could use the truck to drive a girl out to Evans Bay on Sunday night. The truck was parked in Wakefield Street at 8 p.m. on Sunday, but when the owner of the vehicle, ■ Lawrence Joseph Lyops, came back at about 1.30 a.m. the truck was not there.

Giving-evidence, Sergeant J. Gracie said that he saw: the truck in Wakefield Street at about 4.25 a.m. and defendant was getting out of it. When be spoke to Lester he received the explanation that Lester had been told that he could use the truck by a man named Bob Rutledge. Defendant admitted that.it was not his lorry and that he had no licence. He was not able to say where the man Rutledge could be found.

Cross-examined by Mr. Boys, witness said that when he saw the truck it was parked at the same place as it was -when the owner left it. Witness said that there was no hedging by Lester when lie was asked for an explanation. Objection to Remand. Sub-Inspector McLean, who appeared for the police: This is a very serious matter to the community. We must find that woman and the man, sir. He asked for a remand so that a search could be made for Rutledge and the woman.

The magistrate: If you do that I suppose that it is in the interests of defendant as well as the community? Mr. Boys: I object to a remand. Here we are half-way through the case when the sub-inspector asks for a remand. The case-must go on now-.

The magistrate: We cannot be expected to believe whatever he says. Mr. Boys: He stands or falls on what he says. The important point is that he gave his explanation without hesitation and he returned the lorry to the spot where he found it. That is not usual in cases of conversion.

Defendant gave evidence on his own behalf and, when asked by Mr. Boys whether there was any chance of tracing Rutledge, he said that there was none whatever.

Witness: He was sitting in the lorry when we met him and he said: “Take my lorry”—just like that. I asked him if he were driving it, and he said he was. He told me to fetch it back and leave it in the same place. Lester said that be had thought of taking a taxi to take the girl home when Rutledge suggested that he should use the truck. He knew Rut-

ledge and had met him some years previously when he was a seaman. The magistrate: There is certainly a Bob Rutledge in the world. The sub-inspector: Yes, but we want one in New Zealand. The magistrate: I knew a Bob Rutledge once, so he must be somewhere. Whether he is the one we want or not is another matter. The magistrate said that the fact that accused had returned the truck without damage would be placed to his credit.. A sentence of two months’ imprisonment was- imposed for the conversion, and on the charge of driving without a licence he was convicted and discharged.