HASTINGS COURT

Hawke's Bay Tribune, Volume XXIII, Issue 103, 12 April 1933, Page 5

HASTINGS COURT

(Before Mr A. M. Mowlem, 8.M.) TODAY’S PROCEEDINGS. Jack Marcel Allen was charged with, on or about September 4 last, at Hastings, receiving from a person unknown * an oilskin coat, valued at £2, the property of A. G. Simpson, knowing same to have been dishonestly obtained. The accused appeared on remand, as last week, when asked how he pleaded he was undecided. At first he pleaded not guilty, but upon Senior-Sergeant O’Neill stating that he understood a plea of guilty was to be entered, the accused said, "Oh, then, I’ll plead guilty.” - | His Worship, however, decided to adjourn the case for a week, and the outcome was that this morning Mr Le Bon Helleur appeared for the aeeooed and entered a plea of not guilty. Plain-clothes Constable R. B. Duuri stated in evidence that the loss of the overcoat was reported on September 5. It had been taken from Tutira station. The accused subsequently handed over the coat and made a signed statement that he and his brother bought the goods from a man named Jeffs, of Gilborne. They had paid £2 10s for a saddle and oilskin coat. The statemem said that Jeffs and his two sister* had come to Hastings by car and they met the accused and his brother at Wolterman’s corner, where the transfer war made. Upon inquiries being made the accused admitted that the statement was not correct, and that Jeffs had nothing to do with it. The accused then said that he would abide by whatever his brother said, but the brother refused to say anything except that he had bought the goods. Both brothers persisted that tho goods had been bought, but admitted that the story about Jeffs was not correct. Senior-Sergeant O’Neill said that the accused and his brother had been persistently asked to tell the truth, but no advance had been made, and there was still no statement as to where the eoat came from. To Mr Helleur, the police officer said that? Jeffs actually did live at Gisborne and had been a friend of the Allens. However, Jeffs had not been outside of Gisborne for some time. Witness agreed that when the accused brothers were informed that the goods were stolen they had immediately handed them over to the police. "In fact, the only trouble is that they would not, and will not, explain where they got the goods from,” added the senior-sergeant. His Worship: There has been a conspiracy of silence, apparently. For the defence, Mr Helleur said that the accused was 18 years of age, and whilst in Hastings one night he and bis brother met a young man who offer* ed them the saddle and coat. Ths goods were sold, and the accused kept them for some months, and then the accused learnt from his brother, who also had just been informed, that the goods had been stolen. The brother said that he did not wish the young man who sold the goods to get into trouble, as it would mean bringing some girls into it, and the brother asked the accused to back him up. The accused agreed to do so, and had done to. Unfortunately, the boy.s had not sought proper advice. The accused gave evidence along tho lines outlined by counsel. Counsel: Do you know the name of the man from whom your brother bought the goods? Witness: No. If you knew, would you tell?—Yes. I don’t see why my brother should go to gaol and be punished and the other man get oil'. If be was any sort o2 • man he would come forward and take the blame. Senior-Sergeant O’Neill: The saddle was worth £l5 and you got it for £2l Witness: Yes. He said he was giving up shepherding and wanted to get rid of it. You admit that your statement is a concoction?—Yes.. Mr Helleur: The saddle had to be repaired, hud it not 1 Witness: Yes. And it was some months after the sale that you had to recall all the details of tho transaction?—Yes. You are telling tho truth now?—Yei. Addressing the Court, Mr Helleur contended that the Court had been satisfied that the accused was now telling the truth. His Worship: I wish I could believe I hat. Counsel pointed out that there was no other evidence he could call. “I have made up my mind,” said His Worship. “1 can't depend on a single word the accused tells me. He has told so mun» different tales. He will bo lined £5, in default 14 days’ iinprisuuuff'ut. ’ ’ CIVIL CASES. Judgment by default was entered in .la- loiiowtug civil cases:—C. G. Gobble and Co. v. A, Kerr £3 I’ 11. costs £1 >; .1, G. .Mai tin v. F. Bishop £l, costs S/-; J. ;{. Fleming v .1. Ilapnku I 11,6, costs 15