"FINDERS KEEPERS"

Evening Post, Volume CXXVI, Issue 78, 29 September 1938, Page 5

"FINDERS KEEPERS"

ABOUT A TARPAULIN

"It seems to me as if the defendant had the same motto as one of the witnesses," said Mr. J. L. Stout, S.M., in the Magistrate's Court today, after hearing evidence in a case in which Stephen George.Hamilton, a metal dealer was charged with the theft of a tarpaulin valued at £3. "I am not altogether satisfied with some of the evidence, but I propose to give the defendant the benefit of the doubt. The case will be dismissed." Mr. W. G. Neal appeared for the defendant, and Senior-Sergeant D, J. O'Neill conducted the prosecution.Cyril William Edser, a carrier, said that on August 20 he used the tarpaulin in the morning for covering ice. After this was finished, at about 11 a.m., his lorry was taken to Newtown, and was not used again until 5 p.m. He gave an account of the movements of the lorry, upon which the tarpaulin was fastened, until 12.45 a.m. on the following day. When he went to take the tarpaulin in, he found it had gone. Witness did not report the theft until about a fortnight later, after he had seen the tarpaulin on another lorry. The tarpaulin had been his property for four months.

Cross-examined by Mr. Neal, witness said that he could not see how the tarpaulin could have been dropped. The last time he saw it was about noon on August 20. He did not report the matter to the police at once because he thought it was useless to do so. He knew the defendant by sight, and believed that if he had advertised his loss, the defendant would have returned the tarpaulin to him. A constable gave evidence, and read a statement by the defendant in which the defendant said he had found the tarpoulin lying on the road. The defendant was a scrap-metal dealer, and would have no use for a tarpaulin. Cross-examined, witness said that the tarpaulin concerned was the only one in the defendant's yard. The defendant said that another man, a casual employee, had used the tarpaulin on the truck.

In evidence, the defendant said that when walking home in Willis Street on the night of August 20 he saw the tarpaulin lying in the road. He looked to see if there was any vehicle off which it could have fallen, and then took it home. Afterwards, he watched the papers, and also asked numerous carriers if they had lost a tarpaulin. His wife was taken seriously ill, and he himself was unable, through illhealth, to carry on his work. A man was employed casually to drive the truck. He told the man to take a tarpaulin, and subsequently decided to go with him in the truck. When he came to use the tarpaulin he told the other man that he had taken the wrong one. The tarpaulin was only a small one, and was not of much use to him.

Harold Hambleton said that he was with the defendant when they found the tarpaulin. There was not a.car or lorry in the street at the time. Eric John Jones gave evidence that he had assisted the defendant, and corroborated the defendant's evidence as to the taking of the wrong tarpaulin.