A FIREMAN INDICTED

Evening Post, Volume XCVI, Issue 139, 9 December 1918, Page 2

A FIREMAN INDICTED

CHABGE OF ATTEMPTED THEFT, NOT SUSTAINED. i The quarterly criminal sessions were i continued to-day at the Supreme Court, before Mr. Justice Hosking. . :, George Sullivan'was charged with attempting to commit theft of cargo from the Paparoa at Auckland on 17th October last. Mr. J. W. Prendeville was Crown Prosecutor and Mr. A. Dunn appeared for the prisoner, who pleaded not guilty. James Daniel M'Phee was chosen foreman, of the jury.

The chief witness for the Crortn was Alec Cole, second officer on .the Paparo*. He stated that about a quarter to 9 On the night of 17th October he noticed that the corner hatch of No. 1 hold had been removecL^ftnd that there was a light inside. Witness looked into the hold and saw the prisoner, who stated that lib did not know how he came to be there. Witness then went below himself and searched. He found nothing tampered with, but at the end of a rope which had been let down into ■ the hold hs found two, small bars and a light so shaded as to make it almost invisible from. the top deck. The corner hatch of the second deck had also been removed. In the second deck there were two' locked compartments containing liquor, but they had not been tampered with. Accused had not gone down the hatchway by means of the ladder, but by means of a rope. He had absolutely^ »o, right down the hold, and was sober enough to climb up the rope on to the -deck. Had he fallen down the hold the drop would have been about.eight or nine;feet.,^< Arthur Cecil Brown stated that accused was a fireman, who joined the «hip at London. No part of his duty would take him to the holds. Witness recognised a chisel and a fll« whjch belonged to the engineer's stores. The lamp was used in the engine-room and never in the hold. On the night in question the prisoner was under /the influence of liquor, but not drunk. .;■ The defence, as outlined by Mr., Dunn, was that the evidence wa« insufficient to prove an attlempt to commit theft, even if intent could be proved. After a retirement of ten minutes the jury returned a verdict of not tfuilty, and the prisoner was discharged.