ALLEGATIONS OF THEFT

Hawera Star, Volume LII, 26 January 1933, Page 3

ALLEGATIONS OF THEFT

FIREWOOD FOR, SALE INFORMATION DISMISSED At the. Magistrate’s Cburt in Hawera. yesterday- afternoon Arthur Francis Frederick's, of Hiawera, a labourer, was charged with the theft on December 17 at Tokaora. of half a cord of firewood valued at 6s, .the property of Stephen: Patrick Garvey and Aubert Redmond MeCalman. In addition the police preferred a series of other charges (1) breach of probationary license and (2) breach of prohibition order on December 29; (3) and (4) procuring liquor on January LI. and January .16 respectively during the rureucy of a prohibition order; (5) and (6) entering licensed promises during the currency of such, order. ■ Defendant, was represented bv Mr J. Eclmonston and. entered a plea of not guilty to r!ie charge of theft, but pleas of guilty to tile remaining six charges. The evidence of the police witnesses was to the effort that on December 17 Fredericks went, to the farm occupied by Garvey and MeCalman at Tokaora. and removed half a cord of firewood without their knowledge or consent. Fredericks was formerly on the register of unemployed in Hawera, but he Dropnred a. truck and set up in business in a small wav as a vendor of firewood. He obtained supplies from Tokaora. and on this occasion entered the property after lifting a locked gate, off its hinges. It was contended that defendant had no right to do this and that the removal of the wood in the circumstances constituted theft. Fredericks admitted taking tlje gate off its hinges in order to drive his

lorry up to- the stacks of wood. Ho required half a. cord to meet an urgent order. When .the wood bad been loaded McOahnan-’s young brother approached and defendant told him to tell MeCalman of his (Frederick’s) j visit and that the money for the wood would be paid on the following Monda v. ■ !

In giving his decision' the magistrate (Mi; J. H. Salmon) said that when, actions were’ consistent on the one hand with honesty and on the- other with dishonesty one. had no. right to presume dishonesty. It was admitted that Fredericks .took half a cord of timber from a.- paddock, at Tokaora but he contended that lie intended to pay the owners, MeCalman’ and Garvey, with whom lie had regular dealings in his capacity:' aw a timber merchant. “No jury l would convict on this evidence,’’’ said Air Salmon, in dismissing the information.

All but one of the remaining charges were dismissed, the magistrate entering a conviction ill respect of the breach of probationary license and sentencing Fredericks to 14 days’ imprisonment. Mr Salmon indicated that ih<> “Island" was Hie proper place for Fredericks, but in case this should press heavily on his wife and six children, lie would be given a .short, sharp sentence ’which In' hoped would have a sa-tisfactorv effect.

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