TUSSLE ON WHARF

Evening Post, Volume CXXVI, Issue 60, 8 September 1938, Page 11

TUSSLE ON WHARF

DETECTIVE STRUCK

WATERSIDER CHARGED

THREE MONTHS' GAOL

A rough-and-tumble between a detective-sergeant and a man whom he had arrested on suspicion of theft, while a number of spectators looked on, was described in the Magistrate's Court today, when Mark Gerald Carter, a waterside worker, aged 48, was charged with the theft of three women's shoes, valued at 30s, the property of the Shaw, Savill, and Albion Company, and also with assaulting De-tective-Sergeant William Tricklebank in the execution of his duty.

Detective-Sergeant P. Doyle prosecuted, and Mr. R. Hardie Boys appeared for Carter, who pleaded not guilty to both charges. On August 24, said Detective-Sergeant Doyle, the Mamari was discharging cargo at the Pipitea Wharf, and during that day the accused was one of a number of men on No. 3 hatch discharging cargo. Included in the cargo were three cartons of ladies' shoes, each containing 24 pairs, ordered by a Wellington store. One carton did not come to hand. He then described the events which were subsequently related by witnesses.

Ethel Florence Cousins, manageress at Martin's Shoe Store, Courtenay Place, said two cartons of shoes expected by the Mamari were received, but one carton containing black shoes had never been traced. The numbers on the five shoes produced corresponded with the numbers on the invoice. . ■ . '

William Richard Archer, claims clerk of the Shaw, Savill, and Albion Company, said that on August 25 he was in the office of the Harbour Board shed when the accused was brought in by Detective-Sergeant Tricklebank. He saw Detective-Sergeant Tricklebank take three shoes from the accused's person similar to those produced. The detective had taken the shoes off Carter, and was making a further search when Carter became violent and hit the detective, who, had to throw him. He did not know how long the struggle lasted, as he had a telephone message, and left after the accused was first thrown. The accused was employed at No. 3 hatch of the Mamari, unhooking cargo as it was discharged. There was a tally-man for each gang, the witness said, in reply to Mr. Boys, and if broken cases came on to the wharf the clerk's duty was to report it and see them put to safety. From time to time he had had experience of broached cargo coming out of holds. Mr. Boys: I am informed that in a very large measure broaching of cargo seems to .take place while the vessel is en route.

Witness: I would not like to say that- ■ , ■ ■ ... Detective-Sergeant Doyle: Notwithstanding supervision exercised by the companies, is cargo broaching prevalent in the Dominion?— Fairly, yes. Samuel Harding, a watchman, said that on August 24 he was on duty at the Mamari. In the course of that evening he found a pair of shoes on some bales on the starboard side. Some men's coats were where he found the shoes. This was on the off side- of the ship, forward of No. 1 hatch, on the upp_er 'tween deck. No. 3 hatch was aft "of the bridge. '■ - Detective-Sergeant W. Tricklebank said "that at 8.40 p.m. on August "25 he was on duty at the Pipitea Wharf, standing at the north end. He was about ?0 yards from the shed when the aecr cd came from the direction of ; the shed, and asked-him, "What is going to win the races on Saturday?" The accused appeared to have been drinking, his pockets bulged, and wit-, ness said, "What have you in your j pockets?" The accused said nothing,, and he took him to the Harbour Board office. In each trousers pocket he found a shoe, and another in his overalls. The accused smelt of liquor. After > the search he rang, the Police Station to get a car sent down. THREAT TO KILL. "The accused became violent, threatened to kill me, and punched and knocked me abou^" said Detective-Ser-geant; Tricklebank. "I seized him by j the head and neck, threw him to the ground, and wrestled with him on the floor. He got iip, and I threw him four times. During the melee I got injured in the hand; he was far "too strong for me." He got out of the office, • continued witness, and closed the door. He looked through the window and saw that the accused had a| pair of scissors in his hand. When the police came the accused was as "quiet as a lamb." At the .station he said he had found the shoes on the wharf. ! ' To Mr. Boys witness said that the accused could have been coming from the storeman's office when he met him. He had no conversation with him while he was searching him in the office. Mr. Boys: Just a silent worker. He did not say to anyone, "Here's the man we want," on the wharf, continued witness. At the time of the scuffle there were harbour board men in the office, 20 or 30 men looking through the window, and Mr. Archer on the telephone. . Mr. Boys: I suggest tq you that that incident would have passed unnoticed by you but for your knowledge of spectators. Witness disagreed with this, and said that he was on the retreat. Witness denied saying, at the police station, "I will teach you to show me up in front of the watersiders on the wharf." ' Mr. Boys: Were there any blows struck at the police station?—rNo. ■ "Not any?"— No. > Accused (from the dock): You are a liar. "Do you infer that you could not have got any assistance?" asked Mr. Boys, referring back to the time of the struggle. "I did not get any," said witness, adding that he would not expect a harbour board man to help him. The accused when charged said he had found the shoes on the wharf. He was madly under the influence of liquor; he smelt strongly of whisky, and it seemed as if it.had affected his brain. Ralph Napier Hollick, harbour board ! storeman, said that he was in the office 'when the detective and the accused came in. Detective Trickleblank found three shoes, the accused struck him, and a tussle ensued for five or ten minutes. The detective threw the accused to tKe floor, and later left the office, closing the door. After the struggle witness noticed that the accused had a small pair of scissors in his hand. He heard the accused say "I'll go you, Tricklebank." There were 1 three harbour board officials and himself in the office at the time, he thought, and he heard the DetectiveSergeant say "Behave yourself," when searching the accused. The blow was struck when the search was completed.

Waldemar Julius McFarlane, cargo foreman, gave similar evidence. To Mr. Boys he said he would not have cared to have been at the receiving end of the blows. Alexander Nicholas, cargo foreman, another of the men in the office, also described the scene..

Mr. Boys: I understand from you that it was not. necessary to isolate this man—some Harbour Board men were left in the lion's den, so to speak? Witness agreed that was so, McFarlane and another man staying in the office., This concluded the case for the prosecution, and Mr. Boys submitted that the theft charge should fail for two reasons. There was no evidence that the shoes were the property of the Shaw Savill and Albion Co., and all that Archer could say was that they were responsible for the goods until receipt. This did not constitute ownership. The only thing against the accused on that charge was that he was found in possession of what the Court was invited to assume was recently stolen property, and the evidence before the Court was just as compatible with the actions of an innocent person as with those of a guilty person. The accused had been a member of a gang on the wharf and there was no evidence that he had ever been on the ship, where the stolen carton must have been. It would be quite fair to regard the Shaw, Savill, and Albion Company as owners of the goods at the time, said Detective-Sergeant Doyle. They were at the time trustees of the cargo, and it was no different from a letter becoming the property of the PostmasterGeneral until delivered. From the witness-box the accused said that he had a parcel of meat for his dog lying beside, a crane foundation, not 20 feet away from wliere his shore gang was working. When he. went to get the meat he saw the shoes lying there. He thought he would put them in his pocket and give them to the storeman in the shed. The storeman was not in the office at the time, and he saw Detective-Sergeant Tricklebank and asked him if he knew anything about the trots. The Detec-tive-Sergeant asked him what he had in his pocket, and said to a tally-clerk: "Here, Bill, here's the man I want." They went into the office, the detective pulled the shoes out of his pocket, gave him a shove, and said: "Carter, you're a madman.'' "If Mr. Tricklebank hadn't given me a shove I mightn't have shoved him," said witness. At the police station Tricklebank said rto witness: "I will teach you to show me up in front of the watersiders," and struck him. He had no intention of taking the shoes, but intended to give them to the storeman. He left the meat and some of his clothing on the wharf, said the accused in reply to questions. "There does not seem to be any doubt about it that this man deliberately after the goods had been found on him, struck and hit the DetectiveSergeant, and a struggle ensued," said Mr Stout. "It has always been held by the Court," he said, referring to the theft charge, "that if a person is found in possession of stolen goods, and there is no reasonable explanation, he must be convicted. There is no reasonable explanation in this case. It seems to trie his actions were not those of an innocent man." Carter was convicted and sentenced to one month's imprisonment with hard labour on the assault charge, and two months' imprisonment with hard labour on the theft charge, sentences to be cumulative.