“LIVING BY WITS.”

Gisborne Times, Volume LXVII, Issue 10508, 11 February 1928, Page 10

“LIVING BY WITS.”

THIEVES SENTENCED TO COAL THEFT OF A WATCH nyou are it pair of si-a Ily uags, who have been making a Jivi/i g by votir wits”, remarked Air E. A l . Lovvev, S.M., in .tin* Police Court yesterday in sentencing a young man, Robert linin' Oliver, and a middleaged man, William Allen, who supported himself with crutches, each to 18 months’ reformative treatment for theft. . . , i > Both men were jointly charged with the theft, on January 01 ot a gold watch and chain valued at .£•> the property of Robert. Harwich, to whicn tiit'V pleaded guilty. In addition, Oliver was indicted on charges of being found in a .state ol intoxication whilst in charge of a motor ear in Customhouse street cm •)antiary til, and driving, without a license, both of which offences lie admitted. He was further arc-used of having stolen a pair ol shoes valued at 10s, the property of Harold Stevenson, which he denied. Charges ol drunkenness and being disorderly were also preferred, against Allen. The major charge ol stealing the watch'and chain against both uoeuis- * cd was heanl first. Mr E. T. Brosnahnn represented the accused Oliver, Allen being unrepresented bv counsel. Scnior-Sergt McLean conducted the prosecution. In evidence of character the sen-ior-sergeant stated that Oliver had been convicted five times previously or theft, converting a ear to jus own use*, drunkenness in charge ot a ear, whilst Allen had been convicted several times for forgery, theft and false pretences. Outlining the facts the senior-ser-geant explained that or, January .11 Oliver was arrested for being intoxicated whilst in charge of ac-ar. He and Allen arrived hero on January 21 by car from Tarawera and on the way had been soiling artificial flowers and they had knocked about the streets engaged in this business but most of their/time was spent in the hotels. When arrested Oliver had in his possession a gold watch and f'hnin. and when -Allen was arrested later lie claimed the articles. Robert Harwich testified that the watch belonged to him, lie having lost it three weeks ago when in tow, under the influence of liquor. Whilst in this condition lie event and la' clown on one of the seats on the riverharik where he went to sleep and next morning he missed his watch and chain. Questioned by Air Brosnnhan witness admitted iic* did not know definitely if he had lost Ids watch; lie did' riot throw it away or give it

away, but lie agreed lie might have sold’ it as he had done before and then bought it I lack again. Constable Birch stated that when lie arrested and searched Oliver about, 6.-1 A p.m. on January {VI he had the gold watch and chain in his possession among other articles. Oliver explained that lie had bought il from a drunken man in a restaurant in Rotorua. He arrested Allen a little later and lodged him in the same cell as Oliver and when interviewed later Allan declared the Watch and chain to lie his prooerty. stating it had been given him by his brother who, he stated, would be in Wellington in thre-o weeks, and told to hold it for hint. Cross-examined by Air Brosnnhan, witness stated that each man was searched senaratelv and lie was certain that Oliver had had both the watch and chain in his pockets, denying the suggestion Mint Oliver had the watch and Allen the chain. Both men bad declared thev had come io Gisborne from Rotorua in an old car which Olivc-r and another man were endeavouring to start whep lie arrested them. The third man was quite sober at the time and consonnentlv was not arrested. Allen said that Oliver was in charge of tin' car and that they were trying to start it as they wanted to clear out nr town that night. Senior-Sergeant Mc-Lean corroborated the evidence of Constable Birch and when questioned by Allen denied that the fatter had given him his regimental number in the army stating he did not know who ho was, until he sent his fingerprints to Wellington and then tound out his name was Radcliffe, alias Hart, alias Allen. Plain Clothes Constable King stated lie had interviewed, the accused Allen and he had claimed that the watch had been given to hint hy his brother in Rotorua a fortnight ago, but he said that his brother had now gone to Mastorton. and lie did not know his, address. Oliver declared that he had borrowed the watch from Allen. For the defence Air Brosnahnn submitted that the ease had not been proved. If it was the ordinary ease where stolen property was found m the possession of accused the onus would be placed on the accused to show how lie came- by the watch. But in this case, lie pointed out that it had not been proved that the watch and chain was stolen and lie maintained that Barwiek could not say it was his watch and further if lit had sold it while drunk. He contended that the onus was on the police to prove the man guilty. “I entirely disagree with you”, remarked the Magistrate). Hiving evidence, Oliver stated lie and Allen came to Gisborne eight, days, before they were arrested. He denied that they had been sleeping in a ear in side roads, he having rented a hut in Ivaiti from Air Riynard. He had picked up RadclifFc or‘'Allen in Itotorua and another man named Scott at Makauri. At the time of his arrest lie and Allen had been doing canvassing work in the sale of imitation flowers. When packing up at the hut on flip morning of leaving he found the watch on the ilooi and Allen told him lie could put it in his pocket for the day. He denied that he at any time had had the chain belonging to the watch in Ins possession and declared he was drunk at the time of his arrest. Questioned by the Senior-Sergeant witness recalled the examination at the police station tit the time of lii.x arrest. He also admitted that his real name was Robert Brace McKinley he having taken that name owing to his mother marrying again two years ago. He, however, could not explain that his name was shown as McKinley in the police records of a* year ago. lie said that when at the police station he thought he told the police he picked the watch up on tlm road. The Afagistrafo: You don’t expect me to believe this story, do you? A'oil are a pair of scallywags who have been making a living by your wits, but it's got to stop. Von will be each sentenced to IS months’ reformative t rentment. On the charge of being intoxicated in charge of a car Oliver was declared unlit to hold a license for two years. Thr; other charges against tinaccused, were withdrawn.