SUPREME COURT

Hawke's Bay Tribune, Volume XVII, Issue 209, 18 August 1927, Page 5

SUPREME COURT

NAPIER SESSIONS TROUBLE OVER SOME TIMBER BURGE BROS, OPEN DEFENCE. The case in which Frank Burge an.l Oliver Burge were charged, with allegedly false pretences, was con tinued in the Supreme Court, Napier, before His Honour Mr. Justice Ostler this morning, when the case for the prosecution, the evidence being similar to that heard m the Lower Court, was brought to a close shortly after 11 a.m. The following jury was empanelled: Messrs George Wills (foreman), G. W. Keeble, S. J. Pointon, J. A Anderson, Joseph Lamberton, John Davidson, K. W. McKenzie, Arthur Bullock, J. D. Campbell, H. R. Me Kinley, A. H. Burr and C. R. Adams Mr. H. O’Leary .on behalf of the defence then intimated that evidence would be called dealing with the capacity ot lorries and particulars relative to the tallies of timber and loads. From the witness-box William Mackie Littlejohn, carpenter, of Hastings, stated that on August 2 he was asked to weigh and take a tally of a load on a lorry that was supposed to have been used for carting timber from Burge Bros, to Odlin s yards. When the driver had said he thought there was 5000 feet on the lorry witness took his tally and found that it measured 5,588. Some of the timber was from Burge Bros. anJ some from the King Country. It was a mixture ot wet, dry and gree i timber. After measuring the timber the load was weighed and then wit ness found that the weight of the timber was 7 tons 14 cwt 2 qrs. There was no difficulty in transporting the load. From witness’ experience he had found that sometimes 450 feet would mak# a ton; at other tunes 1000 feet would not be over a ton weight.

Cross-examined witness stated that the weigh-bridge was unable tn take the four wheels of the lorry Witness then stated that the back wheels of the lorry were placed on ttje bridge and weighed, then the front wheels were weighed in a similar fashion He would not say that it would make the load appear heavier. The timhci was all rimu and had to be taken about 10 or 15 chains over flat country. To His Honour witness stated there were hills between Puketitiri and Hastings. Frank Lennard Bone, ironmonger, a resident of Hastings for about 45 years, stated that lie had known the accused for some 15 or 16 years and had found them very satisfactory in every way both from business and social aspect. Frederick Cater Wilkinson, accountant, of Hastings, added that he had known the accused for 13 or 14 years. He had known them intimately, particularly in business and he had found them very honest in ‘all their dealings, which had been in selling of houses and land and also looking after the books of the accused in their early stages. METHOD OF LOADING. Arthur Hadley, sawmill-manager at Burge's mill, Puketitiri.j deposed having started there just over a year ago. The access to the mill was very poor when witness took over, and affected the quantities of timber to be taken out. Witness saw that the road was metalled, as an improvement, and this had an effect on the quantity of timber to be taken out. The carting was done bv Mr. Thompson or his driver on behalf of Burge Bros- The drivers at times were Smith, Poppelwell or Thompson. Witness explained the usual procedure and explained that was for the driver to come right up to the sawmill. If a special type of timber was wanted the driver would indicate the stack wanted and then the yardman or anyone helping to load the lorry would have a board for tallying purposes. When the driver, considering he had enough timber according to his .judgment of the weather conditions would say so. The amount of the timber was then run-off into the docket book. Sometimes three copies were taken otherwise two. He personally placed no value on the third copy. The dockets were then taken out of the book, the driver getting a copy. This process was tallying direct from the stack to the load there was another method and that was for the yardman or his assistant to tally out the load before the . orr ? arrived and it would be waiting In both methods it had been necessary to make alterations to the dockets, particularly in respect to the tallied method. Sometimes, witness explained, that the tallied load might vT > to ° „!? ucb an< ? other times too little. These tallied loads would be stacked by several men not necessarily by one man. Witness remembered that in March last there aas a very large load taken from a pile in the yard but the whole stack was not taken in the one load. At that time witness’s brother was yardman, Potts having arrived a day or two before. It was witness’s brother who had the dealing with this particular load. Witness had seen, bnt not used, dockets in pairs, not threes. To His Honour: Witness stated that one of the accused had taken a mad of timber from the mill. Under cross-examination witness admitted that the document given to the driver was of value. Alterations were made to the dockets if necessary.

Mr. Morling: Can you say as an honest man, that those alterations were legitimate deductions or additions ? Well, it would be hard to sav what they were made for. Continuing his evidence under cross-examination witness stated that it was not necessary to draw a line through the figures and write the alterations under it. Frank William Long, labourer, working at Bay View, said that the notebook produced once belonged to him. In March witness came in to town from his camp in Bay View. Witness had the book in his possession prior to visiting Mr W. Nicholls in March. Witness did not see the book from that day until in Court. had seen both methods Thomas Percival Thornton Hadley deposed having been employed at the mill since May last. Witness was yard supervisor. V itness had seen both methods of tallying loads in use. From his experience he had known dockets for waiting loads to

have been made out davs and hours before the load was taken. He had known alterations to have been made in the dockets, particularly in respect to waiting tallies, where it often happened that the load set out was not the full capacity of the lorry and more would be added. Alteration cf the consignment note would then take place. The size of load would increase after the New Year, when the timber was drier and the roads were better. If alterations were necessary in the docket the alterations would be made bv anyone who was told. (Proceeding )