CHARGE OF CONVERSION

Evening Star, Issue 22274, 27 February 1936, Page 13

CHARGE OF CONVERSION

INFORMATION AGAINST FRIEND COMPLAINANT'S CHANCED ATTITUDE “ If I had known it was Wilson who had taken the car, I would not have laid the charge,” said the main witness in the Police Court to-day, when Leo Alphonsus Wilson (21), a labourer, was charged with unlawfully converting to his own use a Jewett motor car, valued at £4O, the property of John M’Carthy. Wilson, who was represented by Mr W. M‘Alevey, pleaded not guilty to the conversion charge, but admitted beings an unlicensed driver. The man who had borrowed the car from M‘Carthy told the court that Wilson had a right to take the vehicle, and, in view of the complainant’s attitude, the charge was dismissed. Chief-detective J. B. Young said that Guyton, the complainant in the case, had the use of a mo.tor car belonging to Mr M'Carthy. He knew Wilson, whom he met at the races. Guyton drove Wilson to Cargill road and accused then came to the city. After meeting a friend in the city, Wilson returned to Guyton’s place at South Dunedin at 8.30 p.m. There was a party at the house, and Wilson, on his own admission, had a number of drinks. About 11 o’clock they decided to go to aGeorge street cabaret in Guyton’s car, and at 11.49, Wilson, who did not enter the cabaret, met a woman friend, and, without any authority from Guyton, took the latter’s car. He drove tor some distance, and trouble was experienced with the car at Albany street, it stopping on the tram lines. The woman left. A man named Cleveland saw that Wilson was in difficulties and went to his assistance. The car was set going, Cleveland being the driver, and it was finally abandoned in St. David street. They were seen in possession by aMr Gray. At midnight Guyton discovered that the car was missing, and two hours later he reported the conversion to the Police Station, where he signed a document authorising a prosecution. The / car was recovered on the Sunday, said Mr Young, and, on the information ’ received from Mr Gray, Cleveland was interviewed. He wai unable to give any satisfactory explanation of his being in the car; he mentioned the other man, but could not give any particulars. His statement was not accepted, and he was charged with the conversion. Subsequently Wilson went to Guyton and admitted that he had taken the car, and he made restitution to Guyton of the taxi charges incurred in searching for the car. The charge against Cleveland was afterwards withdrawn. George Bernard Guyton, a fruiterer, in business with M'Carthy, said Wilson had three small beers at his house. Seeing that he was a member of the -rty, Wilson bad every right to take the car. Mr Young; What was the right? You say you borrowed the car from M'Carthy.—We were .always out together. When were you previously out together?—On the Thursday night. And you say he had authority to take the car that night?—Yes. Do you know whether he had a driver’s license?—No. Did you fill in a form at the Police Station P—Yes. Guyton read the form, which stated: “ I have given authority to no person to take my car, and hereby authorise the prosecution of the person who took it, no matter who it should be.” Mr Young; What have you to say to that?—When I came out of the dance Wilson was not there, and others told me he had gone home. If I had known it was Wilson. I would not have laid the charge. 1 never dreamt it was him. How much was the taxi hire?—Fifteen shillings. How much did the accused pay you? —£l 15s. What for? —The expense ne had put roe to. “ In view of this man’s evidence you cannot take the matter further,” said Mr Bartholomew to the chief detective. Guyton had certainly filled in a police form of a very comprehensive nature, and, however his present attitude might be open to criticism, one _ could not get away from the sworn evidence he had given. The information must he dismissed. On the charge of being an unlicensed driver Wilson was fined £2, court costs (10s), and witness’s expense (4s).