RECEIVING CASED WHISKY

Dominion, Volume 39, Issue 28, 27 October 1945, Page 9

RECEIVING CASED WHISKY

Taxi-Driver Found

Guilty CONVERSION OF 3-TON LORRY A jury in the Supreme Court, Wellington, yesterday, after about an hour’s retirement, found Dominie Fitzgerald, taxi-driver, aged 30, guilty of receiving 246 cases of whisky well knowing them to have been dishonestly obtained, and also with unlawfully converting a motorlorry, valued at £lOOO, to his own use. Accused was charged on three counts:.

(1) That he did on September 12 last break and enter the warehouse o£ T. and W. Young. Ltd., in Egmont Street, and commit therein the crime of theft. (2) That he did receive from some person unknown 246 cases of Dewar’s whisky and a three-ton International motor-truck, before then stolen, well knowing when he received them that the whisky and motortruck had been dishonestly obtained. (3) That he did unlawfully and without colour of right, but not so as to be guilty of theft, convert to his own use a threeton motor-truck valued at £lOOO, the property of T. and W. Young, Ltd. The case was heard. by Mr. Justice Johnston and a jury of 12. The Crown prosecutor, Mr. W. IL Cunningham prosecuted, and Mr. C. Evans Scott appeared for accused, who pleaded not guilty. Alexander Naples Shearer, head storeman for T. and W. Young’s bonded store in Egmont Street, Wellington, said the store was safely locked up when he left work on September 12 last. Later that evening he received a message that the store had been broken into. He found the bonded store had been opened, and that 246 cases of whieky were missing. The value of the whisky wholesale was about £lO a case. About £l9 worth ot tobacco and cigarettes were also missing. A three-ton motor-lorry belonging to the firm had also disappeared. Witness was present when the police brought the lorry, with the whole of the whisky, back to the store. The value of the lorry would be about £lOOO. The signs on the lorry had been painted out, the paint being still Cross-examined by Mr. Scott, witness said the bonded store had two padlocks, and both had been opened with keys. None of the tobacco or cigarettes had been recovered. Hobin Linley Stagg, furniture manufacturer. said his premises were opposite T. and W. Young’s bonded store. On the night of September 12 he worked till about midnight. About 7.45 o clock he heard the shutters of the cart dock ot Young’s store open, and, saw one of the firm’s lorries, loaded with whisky, and some cartons of tobacco, come out of the gate. There were four or five men in the cart dock. After the lorry had come out. the shutter was lowered to within 18 inches of the ground, where it stuck. He rang un Mr. Shearer. John Patrick Warren, general carrier, said he met accused in the Foresters Arms Hotel one night in September. Accused asked him if he could store 1100 cases of whisky. Witness replied that he could store 1000 cases. A few nights later accused Called at witness s house about 8 o’clock in a lorry, and said he had 250 cases of whisky for witness to «tore Accused said the whisky came from T. and W. Young's. Witness went out to the gate, and Saw a lorry, loaded and covered with tarpaulins. There were other men there. Witness said he would not have the storing of the whisky on at any price. The lorry then drove away. Cross-examined by Mr. Scott, witness said he was a carrier. He did not tie the tarpaulins on the lorry. The men with the lorry asked him for a rope, and he gave them one, but he did not assist them to tie the tarpaulins. ~ x , x , Sergeant W. R. Fleming said that he assisted in the hunt for the lorry on the night of September 12, and overtook it on the Hutt road. Accused was at the wheel, and was the only person on the I lorry, which was full of cases of whisky. Accused said he did not know what the lorry contained, and said he was driving the lorry to Petone for a man he did not know. The signs on the lorry had been painted out with black paint. Witness then arrested accused, and charged him with unlawful conversion of the lorry. Detective J. H. Alty said that when the lorry was overtaken it was carrying 24b case's of Dewar’s whisky. Witness found a small paint brush on the floor of the lorry. Detective A. W. Hedwig said that when he inspected T. and W. Youngs store on the night of September 12, he found that a padlock on the door of the '■art dock had been forced. He also found tha 1 by pulling from the outside it was possible to spring the trapdoor leading to the roof, on which there were footprints. Whe» interviewed, accused said he had met a man the previous day in Dixon Street, who said he would give him “a score” if he would, pick a truck up the next night at 9 o’clock, and drive it to Petone crossing. .Accused said he picked up the truck in Cable Street as arranged. ~ xx , When brought.to the police station, accused was wearing overalls on which there were traces of black paint. Accused said he had never met the man before who had asked him to drive the truck to Petone. Cross-examined. witness said accused used to park his taxi-cab in Dixon Street. The police had found a car parked at Petone railway crossifig, with a 1.2-gallon drum of petrol in it. This closed the case for the Grown. After his Honour had summed up, the jury returned a verdict of not guilty on the first count, and guilty on the second and third counts. Prisoners was remanded for sentence.