CHARGE OF THEFT.

Hawera Star, Volume XLVI, 5 August 1926, Page 9

CHARGE OF THEFT.

ALLEGED REMOVAL- OF CARROTS

HAWERA: 31 AN IN COURT

Rlesultiiig upon certain suspicious inurements alleged to have been note!, on che evening ol July 22 in the \iemlty of a field of carrots fronting Tlie .Uanawapou Road, near \' hareioa, Arthur George Candy, labourer, re»u.lin,;>- m Egmont Street, Hawera, appealed before Mr. J. S. Barton, ri.iU. in the Magistrate's Court at- Hawera today to answer a charge ol having >stolen -a quantity of carrots, valued at. 10s, the property of Arthur Langdon. Accused, who was represented by Ait N. H. 3loss, pi leaded not- guilty, counsel in defence seeking to prove an alibi. , ~ Sergeant Henry conducted the pi .secution.

The identification of accused - with the incidents of the evening rested mainly on the evidence of btewatt French, residing on, the Manavaipou Road, who deposed to having seen accused with a horse and gig on the Manawapou Road, near Mr. Langdon s farm. Accused, according: to the stoiy told by witness, was putting carrots into tlie gig, which was drawn up close to a hole in tli© fence. A\ ltnes-s had crane to the Whareroa. Hall, where he though Mr. Langdon might be. lhe latter was not there and witness returned in the direction ot the place where -lie had seen Candy. Accused then made off. Witness later got- into communication with Mr. Langdon and with him visited the carrot- paddock, where they found signs ot carrots having: been removed. Cross-ex animated by 3lr. Moss, witness said the time he had seen Candy was between 7 and 8 p.m. Witness was riding a bicycle, but recognised accused -plainly, though the latter was kneeling down. He admitted that about- a, ouarter of -an hour elapsed between the first and second occasions on which he had seen. Candy. During that time' witness had been- getting into touch with the owner of the cairats. Witness had seen Candy throwinor carrots into the gig. Though witness had not spoken ,to Candy he could swear to his identity. It was a moon-lio-ht night and what he had seen hao been clear. He admitted that- Candy had been ‘‘set-’’ by certain fainie-is, who were suspicious o*f him.

“ALL- RIGHT, 1. KNOW YOU

Arthur Langdon, the owner of tha carrot paddock, said that alter receiving- a ’phone message- he had .proceeded across the field and had seen -a, hor.se and gig moving along the road. He re-cco-msed it as belonging to Candy, though he could not clearly eee the driver and had called out: “Its all right Candy, I know you.’ in company with French and others, witness had examined a. patc-h- ot the carrot paddock near the hole m the fence. About 20 large carrots- had been re-move-el and at the hole in the fence were strewn the leaves, showing that they had been taken through there. Leslie William Price, farmer, Manawapou Road, said that between mIG and 7.45 .p.m., asi the result ot information bo received in tlie W hareroa Hall from French, he had gone across- the carrot paddock and had, heard the horse and Ho- going along the road and tho remark passed by the previous witness to the driver. With Langdon and two Others, witness had la-tor gone to Candy’s house in Bginont Street and waited in the vicinity until alter midnight but he had arrived home by then ’ The party travelled by car and it would have been impossible tor Gandy to have reached his home nr.s-. A trotting sulky was- in a- shed nea.i the house, but the black house the party knew as belonging to or having usually been driven by accused was not in the paddock.

AN! ATjT-BT. SUGGESTED.

evidence was to the effect that on the evening he was alleged, to have been seen near the carrot paddock it was impossible for him to have been there. He said that at about 6 p.m. on July 22 be had left his home in Elgin out Street to visit his. brothei, Ernestb Gandy, residing on the Palmer Rio,ad, near Ivaponga. The distance was .about 16 or 17 miles from Ha we i a and he had ridden a ! black horse, which he often drove in and around Hawera. The journey was taken, for the purpose of giving an account to his brother which he (witness) had received that morning. It was an urgent matter requiring" immediate attention and tin a aeon lit should have been forwarded to his brother. Witness arrived at his ■brother’s house shortly after 10 p.m. Leaving there about 11 o'c-look he had not reached home until one o'clock the next morning. He would deny on oath that he was the person concerned, in the alleged theft of the carrots and that the black horse lie usually drove was on the Manawapou Road on the night in question. Witness owned only one horse vehicle, a trotting .sulky, and this, was left in the shed. Witness did not know the witness French and had never .seen him before. iGross-examinatecl by Sergeant Henry accused said he had left the account with his brother. When interviewed by the police witness had recounted his movements of the Thursday evening as told to the court. Witness had not seen his brother previously for several weeks. He had seen him once since July 22. . Questioned by the magistrate, witness gave an account of his movements tjfi tho evening before and that following the date of the charge. Replyig .further to the Sergeant, he acknowledged having been admitted to probation in 1.918 as the result of a charge of theft. To Mr Moss witness said that during the trip to Kaiponga he had been recognised by two .acquaintances when near Okaiawa.

DATE OF AN ACCOUNT,

Ernest Bertie Gandy, brother of tho accused, eormibated the evidence as to the visit, to Kiaponga. Ho produced the account mentioned by accused. The Magistrate: Did, you alter the date from 24 st to 22nd._ Witness: No, Sir. It is ,in the same formas I received it. Witness was positive that the visit had been paid on July 22. lie remembered his movements of the following night, hilt could not recollect whether lie had been at home or not on the evening of the 21stt Thomas Corrigan, sharemilker, living at Tirimon.na, mid he accused" and trad met him near Okaiawa about- 7 o’clock on the evening oi Thursday, July 22. .Witness was driving a waiggo.tq. carrying his household furniture from Ma.n-aia to Tirimoana. Near Okaiawa. one of the lamps had gone out. Someone had then been approaching on a horse and witness had stepped the rider to procure a match. He then .recognised Arthur Ciandy. Recalled by the magistrate, Ernest Candy was questioned further concernj llC r a previous statement that be, was sure July 22 was the, date of accused’s visit because- he was to attend a; dance on the following night. The magistrate had suggested that a, newspaper report of the function would perhaps confirm the statement, but witness subsequently found that the dance ho

hadi been thinking of had' been held, a week earlier. He added that the' meeting he had attended on the Friday evening was a committee one to arrange a function in Kaponga.

“But for this,” -said the magistrate, “I had been prepared to accept the evidence of this witness as to an alibi, and: was on the point of dismissing the information.” He added that- be had previously been impressed with the confidence shown by witness, but the later admission had" proved his evidence was not as reliable as had at first appeared. To enable further evidence' concerning the suggested alibi to he obtained,. the case was adjourned' until the next sitting of the court.