SUBCONTRACTOR PROSECUTED

Hawera & Normanby Star, Volume XLI, Issue XLI, 1 December 1920, Page 7

SUBCONTRACTOR PROSECUTED

CHARGE DISMISSED. At the Magistrate's Court this morning a charge of theft of three pieces of timber valued at 10s, was brought I against George Schoefield, on the informuuon of William Kavanagh. Mr ODea appeared for defendant, who ; pleaded not guilty, and Mr Wylie (Messrs Welsh, .McCarthy and Beeeh*ey) ' appeared for the prosecution. Messrs j Wallace and Graves occupied the ■ Bench. j Mr Wylie said the facts were that ' Schoefiekl was employed as a sub-con-tractor by Kavanagh. who was the contractor for Government cottages in Hawera. Last evening Kavanagh, when going past the job, saw defendant taking away three pieces of timber. When asked what the timber was for, Schoefield replied that that was his own private business, and di^ not explain why he was taking it away in so surreptitious a manner. William Kavanagh stated m evidence that he was a contractor for the erection of Government houses. He knew Schofield, who was his sub-contractor, and a bricklayer. The materials were supplied by witness and Schoefield had no authority to buy stuff, except ' . through Mr Pettett, nor did he have ' any»right to take stuff away. Witness went towards the job at about 6 | o'clock last evening and saw defendant j J coming out of a shed with three pieces ! of timber, and something else in a bag. He valued the timber at about 10s. Witness waited till Schoefield got on the road, and then called after him. Defendant did not reply, and appeared to walk a little faster. Witness called < out again, and this time Schoefield placed the timber up against a fence and said: "Hello Jim! How are you getting on?" Asked what he was doing with, the timber, and replied that it was his own, and that he had an account with Syme and Co. Witness replied that he did not beFieve him. and considered the timber his own. * j To Mr ODea: The last time he came to Hawera was Saturday week, and he had been on the job twice since then. ; Mr ODea: How many minutes did you put in on the job?— About half an hour. j The rest of the time you put mat the pubs?— No. j Have you not put in most of the time in that way?— No. j Have you not been some of the time m a state of intoxication ?—No; not what you might call intoxicated. ' You were able to stand up ? Did you not go along to the job last evening to sober yourself up ?—I went along for a walk. Did you not tell someone that you went along to sober yourself up?— No. You were in a hotel yesterday most of the day?— Yes. * . Drinking?— More or less. I You say the timber is worth 10s "J — Yes. . ' ; Mr Syme says it is worth 3s IOM. You have been trying to get rid of this man (Schoefield).—He would not deny that he wanted to get rid of him, but only because he was not carrying out tho^ work as witness had anticipated. • You got rid of the last sub-con- ! tractor?— Yes. [ You said that if you could get rid of this man you could do better with Wellington bricklayers ?—I could do better with the contract. In addition to the timber about 11 tons of cement were missing. You left this man in charge while you went to Wellington, and he had to get supplies.—He had to get thorn" through Mr Pettett. It was not a . matter of taking materials on to the I job, but of taking them off. i How long have you been here last time?— Since last Saturday week. ■ | And you put on the job how much time?—l was on the job on three different occasions. j A bright sort of contractor you are. ' This man stays at a boarding house? ; I don't know. Did he not tell you he was taking the timber to make a straight edge?—No, certainly not. j By Mr Wylie: Witness was staying at the Royal Hotel, and it was quite natural for him to do business where he was staying. He had offered to go bail for Schoefield, and had no particular animus agains thim. He had missed material on other jobs. Pettett ' told him last night that either nine or eleven tons of cement were missing from the Hawera job. He was not pressing for a heavy penalty, and only | wished to substantiate his claim to do as he pleased with his own materials | Mr ODea: Why did not the police take this case up?—Tne police, as far i as he understood, were prepared to ' take it. up, but not till later on By Mr Wylie: Schoefield was in a trusted position. Constable Mullens stated that at ! I about 6.30 last evening Kavanagh and Schoefield came up to him in High street and Kavanagh said he wished to give, Schoefield in charge for the theft of timber. Witness asked them to come to the station, and when there he asked Schoefield what his idea was in taking the timber off the job. ' Defendant admitted that the timber had been procured for the job and that it belonged to Kavanagh, and said he intended to take it home for the purpose of making straight edges. Witness had known Kavanagh for some time. He was of an excitable disposition, and it was hard to say somet.mes whether he was under the influence or liquor or not. He had had a drink last evening, but witness was quite certain that he was not drunk. Schoefield said nothing about ■' the timber being his. By Mr ODea: Mi—Pettett was outside the station and said he was seven tons out in the cement. This concluded the evidence for the prosecution. Mr ODea: This is the most trumpery case that has ever been brought before the Court. Is there any need for your Worships to hear me? Mr Wallace: We don't think there will be any necessity. The charge is j dismissed.