VERDICT OF GUILTY

Gisborne Times, Volume LXXII, Issue 11450, 26 February 1931, Page 2

VERDICT OF GUILTY

THEFT OF /MOTOR CYCLE

YOUTH’ REMANDED” FOR SENTENCE . , • - Appe.uruig before _ His Honor .Mr. Justice MacGregor in the* Supremo Court yesterday, 'a, youth, Clifford Drummond; pleaded not guilty to "tho theft of a motor cydo belonging to Nonnan Tait. The evidence .was fairly brief and after a retirement _ of slightly over two . hours the jure brought in a verdict of guilty .anu the prisoner was remanded lor sentence. , , Mr. F. W. Nolan prosecuted and Alt - . R. B. Hill appeared for accused who pleaded not guilty. The following jury was einpannelled: Edgar A. Collett (foreman), Frederick AY. .). Stevenson. Edward Rai, William R. Evans, Arthur H. 'Maxwci, George Lynskey, Elworthy 'l’. Doddrelj. ■ Leonard O. . NVright, Vincent Norman, Frederick Mclntosh, Douglas M. Findlay and Geo. W. Fyson. Norman Tail, ol AMiatatutu. Hie first witness for the Crown, said that lie had known accused for sonic time. He owned a motor-cycle which Le left for salo at H.S. Motors at the latter end of last year. On November 29 he went;to .tlie garage to examine the machine, which had been there for about four months, and ho found it missing. Witness ronnnunicated with- Angus Edward Redmond, who had been, given charge of the machine originally, and was informed' that no permission had been given for. removal of the-cycle. , Witness had given no authority to - licensed "to deal with the cvcle in any way or reinovo if from the garage. . To Air. Hill, witness said that he believed he had mentioned to accused that ltedmoud was unable to seif tho machine, but denied tlnrt he bad told him he could try to soli it. . Angus Eduard Redmond corroborated various, points in the testimony of the previous witness. Alfred A. Olilsou, motor mechanic employed by If. S. Motors, recalled Redmond leaving, tin: linn. When Redmond left, the nioifor-eyde remained at the garage. Accused soon after, came in 'and asked for Redmond. On. being told, he had 1011, accused asked where the cycle was and witness showed him. also giving him a hand to prepare the machine for tlio road.. ' Accused said he was intending trying to go to M hatalutu. Witness later saw accused riding tin cycle aboiit town ouco or twice. Frank B. Wildish, electrician, of Gisborne, gave evidence that accused offered to sell him the bicycle ior £2O. Constable Gatehouse stated that he interviewed accused regarding the cycle on December 1. In a signed statement accused saiu that Tait told him that, if he could sell tlie cycle, lie could have anything above £2O. .This. concluded the case lor the Crown. . Accused. in - tho .witness-box, swore that bis statement to the police was quite true. Mr. Nolan’s application lor permission to examine under the special rules was- granted by His Honor. Accused admitted that en April h, at the Magistrate's; Court hr- Wellington, be was convicted on two charges of theft and sentenced to three mouths’ imprisonment, aso oil the'same date to being convicted of obtaining credit' by fraud and receiving three 'months’ imprisonment, sentence to' be concurrent with tho previous one. This concluded the evidence. Mr. Hill stated that' tlm charge depended solely on the word of a single witness, Tait, the pemVat..issuo being , whether .or not J'ajt gave accused loave to. sell the machine. Was accused’s: action in riding about the town on the cycle the action of a. guilty man? Surely ho must have known lie must certainly be deteeied‘P Tf he liad -attempted to take the bicycle down to Wellington, for instance, then that would have been quite a different matter. Mr. Nolan briefly addressed tlie jury. ' ■ ... . Summing up. His Honor pointed out that the whole, case depended on whether .accused or Tait was telling the truth. Tlie"-removal of the machine was admitted . but did accused take it innocently or, fraudulently c That• was tho ipoiut ior tlie jury and in', .reaehipg..a. decision ah Jo who should ,be believed .they, uiust take into consideration the character or those- gjving f t, Tile-jury retired at 12.15 p.m. and returned,.at 2.30 p.m. with a verdict of. guilty.. .' :/ ■ ' ' .. ,Tho prisoner was ..remanded tor sentqncq. ./. .......