FORGOTTEN FIREARM.

Hawera Star, Volume XLVII, 26 March 1928, Page 9

FORGOTTEN FIREARM.

TAKEN BY YOUTH. THEFT CHARGE AT MANAIA. The action nearly two- years ago of a youth then 15 years of age- in borrowing a double-barrelled gun without the owner’s knowledge and emitting to return it led to his being charged in the Alanaia Cburt to-day with the theft of the firearm in April <jf 1926. The explanation given by accused, Michael John Joyce, farm hand, of Bell Block, who pleaded not guilty, and was represented by Air. P. o'’Dea, was that the gun had been forgotten, though when he took it he had every intention of returning it to the place where he found it. After hearing the evidence the Magistrate, R. W. Tate, referred the case to the Child Welfare Court. Outlining the ease, Sergeant J. Henry said that up till some time in April of 1926 a farmer named Anderson, residing near Manaia., had been in possession of a registered double barrelled gun, which hacl been left in the- cowshed some distance from his house. _ On April 18 he discovered it was missing. During January of this year a plumber, while working at another hq-use in the vicinity, which had formerly been occupied by accused’s parents, had discovered the gun. in the ceiling. _ The then owner of the house -said he did not know to whom it belonged and the plumber finding himself in possession of what, so far as he was concerned, was an unregistered weapon, had handed it to the police. The .result was that Air. Joyce, -senior, was communicated with and accused admitted having taken the gun to shoot some ducks. The youth, continued the sergeant, had said, that being frightened of being found with it bv his father he had hidden it in the ceiling with the intention of returning it as soon as possible, but that he had subsequently forgotten about it. NO' AUTHORITY GIVEN.

The owner of the gun, James Henry Anderson, farmer, Alanaia Road, supported in evidence the outline given by the sergeant so far as it affected witness. The Joyce family had then lived in the opposite said of the road not far from the house occupied by witness. No one had any authority to take the gun. Air. O’Dea: You have known the Joyce family and accused for some time and knew the-m to- be perfectly respectable? Witness: Yes.

Then I take it yon would have had no objection to loaning the gun had accused asked for it?—Nq, Unless it- were on account of his age. Evidence as tq- his discovery of the gun while putting a new roof on the house owned by Air. Robert Gibson, of Manaia, was given by the- plumber, Herbert William Bo cock.

Constable Scannell deposed to having interviewed accused at Alanaia after the gun had been discovered, and to having received his admission as alreadv indicated.

Replying to counsel, the constable said he had known the family for some years, and the boy was one of the last persons he would have suspected of committing a deliberate theft. MEANT TO RETURN GUN.

“While I was returning from the beach I saw a fiock of ducks, and took the gun and a couple of cartridges,” said the accused in the witness-box. While going after the ducks he had to go some distance from the house, and on account of a mob of cattle he was unable to get back to the house. He took the gun Home with him, but a few moments after arriving there he hid it in the loft to avoid knowledge of it coming to his father, who, as accused was only 15 years old, would not allow him to have a gun. It was his intention to return it at the earliest opportunity, but a- few days later he went away to work, and subsequently forgot it until spoken to concerning it two years later bv his father, after the latter had been communicated with by the police. The Magistrate. “It was in April you went after the - ducks. Do you know the dates of opening and closing of the shooting season?” Accused: “No.” Mr. O’Dea: “Of course he was only 15 and would probably not know of the dates.” NO FELONIOUS INTENT. Michael Joseph Joyce, father of accused, said the latter had frankly admitted having taken the gun and forgotten it when questioned by witness. Evidence as to the honesty of accused was given by David Young, farmer of Kaupokonui. “I don’t want to commence the boy’s life with a conviction, but it appears a case of common theft,” said the Magistrate, after counsel had addressed the Court and asked that no conviction he entered, as there had been no felonious intent. “Had defendant been an adult I would have had no choice but to make a conviction, but under the circumstances I find I can refer it to the Child Welfare Court, and from there the youth may he placed under the supervision of the Child Welfare Officer,” concluded the Magistrate.