A VERY STRANGE CASE

Evening Post, Volume XCVIII, Issue 145, 17 December 1919, Page 8

A VERY STRANGE CASE

THEFTS EXTENDING OVER SIX

YEARS

UNUSUAL POLICE EVIDENCE,

Two hawkers, Erneet Miles and John Millanta, were charged before Mt. P. L. Hoilings, S.M., at the Magistrate's Court this morning with the theft of 36 sanitary pans, valued at £9 16_i the property of the Petone Borough Council, and alternately each man was charged with having received tho stolen articles. In a. few words, the evidence first called by the police was that the pans wero stolen from a depot near Petono on 23rd September and broken up, the handles and bands being sold to William Hildreth, jun., marine dealer, as old iron, and the Terr—tinder to Richard Tomline, manager of the Kia Ora Galvanbir.g Company, aa sorap zinc. Detective-Sergeant Mason said that when questioned Millanta stated that he had bought the articles from a. third person named Swaymah or Sw_inl_nd, who, he believed, was employed by the Petone Borough Council. • "IN AN AWKWARD POSITION."

Witness sought to express an opinion, but Detective-Sergeant Rawle objected, and his objection was upheld by the Bench. However, in answer to Mr. G. W. Mellish, who appeared for. the accused, Deteotivo Mason said that though he had not been able to identify the man he had found the witness Richard Swayslaiid, who was in charge of the depot. Here Detectiv<e*Scrgeant Rawlo again protested, to which Detective Mason replied: "I am put in a very awkward position to-day, for tho first time during my police career," and, continuing, said that Millanta had given a description of a man from whom ho had purchased the pans, and that the witness Swaysland answered to that description. Swaysland had been brought before both accused and the witness Toraline at Petone, but though thoy agreed that he was very like the person who brought off the deal and previous deals in such articles, they could not identify him definitely. Tomline admitted that he had purchased similar pans during the past-six years from a man who "he said was like Swaysland, but to whom he could not positively swear. Further, Tomlino said that he had purchased similar pans from two men other than the accused for the past six years. To Detective-Sergeant Rawle, Swaysland first reported that 400 pans were missing, then 500, and to-day 300 pans. That evidence alono was unreliable. Counsel urged that tho eases should be dismissed in_ view of the police ovidenco, but the Magistrate held that a prima faoie case had been made out, and counsel then si—d that he proposed to call evidence. MILLANTA'S STORY. Millanta, after having been warned, ga.ve evidenco on oath to the effect that this person, whom he thought was Swaysland, had approached him and Miles at the National Hotel, Petone, and had offered to sell them a quantity of zinc When they agreed, he directed them to tho depot, and asked them to wait., This man followed later, and the cans wore handed out of the shed. Witness paid the man 375, and drove av^y without attempting to conceal tho articles in any I way. Tho handles wore broken off, as I witness knew that the Kia .Ora Company would not take iron. Under cross-examination Millanta said that he had a doubt about Swaysland's identity, and would thcreforo say that Swaysland was not the man. He had been in he man's company for a considerable period, but still was not able to swear that Swaysland was the man. Hi admitted that he had beon_ before tho court on i_any occasions previously, soma of the charges being of theft and receiving. COMMITTED FOR TRIAL. The Magistrate considered that the accused had not cleared themselves, and therefore committed them to the Stiß-eme Court for trial. Bail was fixed at £50 and sureties of a like amount.