DRIVEN TO DESPAIR
HOWLING OF A DOC
THEFT CHARGE DISMISSED
/Annoyed to the point of desperation by the howling' of a dog in the early hours of the morning, Herbert Eliga Barnes one night clandestinely took possession of the dog, and after taking it to tho Central Police Station, went on to the wharf, where lie lay down' and went to sleep with the dog. During the night the dog disappeared. This rather remarkable disclosure was made during the hearing in the Magistrate's Court to-day of a charge of theft of the clog, valued at £2, the property of Frederick William Eric Mitchell.' Tho accused, who was represented by Mr. E. E. Pope, pleaded not guilty, and without calling on* him t;o give evidence, Mr. E. Page, S.M., dismissed tho charge. ' , Constable Baker said that while making inquiries about the alleged theft he obtained a. statement from Barnes. In this statement the, accused said that Mitchell's dog had disturbed him greatly at night time, so much so, that one night ho got up and crawled through^ the washhouso window of Mitchell's' house. He took possesion of the dog and took-it along to the Police Station, whe^G he complained of its howling. The accused said that he then, went to tho wharf where he lay down and went to sleep' with the dog. When' he woke up the dog has disappeared. . ' , Cross-examined by.- Mr. Pope, complainant denied that his dog howled ex-, cessively at night. He had had no complaints about it except on one occasion when Barnes came in. Counsel v.-as- proceeding to put his client in the box, when the Magistrate interrupted him, saying that he did not think it was necessary to carry the case any further. . : ' ' . ' . '"' "This is a most unusual case," sa'id Mr. Page. "The action was no doubt wrong, but there'is, the fact that-the accused was greatly bothered by _tho, dog, even, obsessed by. it. The case has not got tho fraudulent purpose that characterises one of theft, although no doubt in law it is one. ..'■■. : Theft was not the primary purpose of this action, and I propose to dismiss the charge. The owner of'the dog may possibly have a civil remedy."
DRIVEN TO DESPAIR
Evening Post, Volume CIX, Issue 112, 14 May 1930, Page 13
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