WAVERLEY.

Hawera & Normanby Star, Volume XLII, Issue XLII, 28 April 1922, Page 4

WAVERLEY.

(From Our Own Correspondent.)

MAGISTRATE'S COURT.

The monthly sitting of the Magistrate's Court was held, on Wednesday, when Messrs G. McGregor and J. Kennedy, J.P.s, were on the Bench.

After several civil cases had been dealt with the case Police v. Wishnowski was taken. Constable Fitzgibbons conducted the case on behalf of the police, and Mr McCall (Wanganui) defended.

The police, in outlining the case, stated that the informant (Colin McLaren) had railed his goods, including 700 battens and 300 posts, from Toko to Waver ley last June. He instructed Beswick (local carrier) to deliver same to his house in Kohi. On account of the bad state of the road Beswick had dumped the battens off at Westholme, and on March 21 Mr McLaren noticed that all the battens had disappeared. On making enquiries he asked Wishnowski if he knew anything about the battens, but he denied all knowledge of them. After making further enquiries the informant placed the matter in the hands of the police. The police interviewed defendant, and asked luni if he had any battens belonging to informant, and he said yes, over there, pointing under some trees. He (the constable) counted 49 in the bunch, and asked if that was all. Defendant said no; there were some round a haystack, about eight in all, and another dozen had been used up at the cowshed.

Colin McLaren stated that he had been a farmer at Kohi,. Early in June he railed 450 battens, 300 posts, and other goods from Stratford, and instructed Beswick to cart same to Kohi. Only from 10 to 12 battens reached his farm, the remainder being left on the road near Westholme on account of the bad state of the road. He had interviewed Beswick, but he refused to complete his contract and shift the battens. He noticed the pile was getting smaller and smaller, and on or about March, after he had sold his farm, he noticed all were gone. He made enquiries from the neighbours round about, but all denied knowledge of any battens. Wishnowski had been working on the farm on behalf of the new man. He (informant) offered to sell Wishnowski battens, but the sale was never completed. He did not suggest that Wishnowski should take battens for nothing. He was not in a position to give things away, as he had had several offers for same. He was in the Commercial Hotel on March 31 with Casey, Round, and Wishnowski, and during conversation the battens were again mentioned. He again asked defendant if he knew anything about them, and again he denied all knowledge. He then told defendant that he had placed the matter in the hands of the police, and was told that was the best thing he could do. He mentioned no names to the police at the time of laying the' information. Defendant had been visiting Kohi in July and August, carting cream on behalf of Beswick. He did not remember any witnesses being present when the matter of a sale of battens was mentioned. Thos. Round stated that he was employed by McLaren as a general farm hand. He remembered defendant coming out to Kohi putting in crop for the buyer of the farm, and also making hay during the season. He heard no talk between the complainant re battens. He was often in town, but although he knew the battens were on the road he took no notice of them, so could not say he noticed the disappearance. He remembered being in the Commercial Hotel with McLaren on March 31, and hearing him ask defendant if he knew anything about the battens, but defendant denied all knowled ere of them. '

Matthew Casey stated that he was a farmer in Kohi, and a near neighbour of McLaren's. He remembered being in the Commercial Hotel along with i the others, and remembered McLaren ' asking defendant if he knew anything , about the battens. He took no interest in the matter, and did not know there were any battens on the road, as he never went that way home. He had \ known defendant for several years, and would be surprised to hear that he had stolen the battens. . j Richard Pepper stated that he was a recent arrival from the Old Country.. He was at present stumping with defendant, helping him on his farm. H^ had also helped him on McLaren's farm to make the hay. He remembered on March 8 last leaving Wishnowski's farm with cart and horse and a load of cream cans for Waverley. After delivering them he went on to O'Connor's farm at Westholme, and worked i all day, carting peas for him. On finishing at about 4 p.m. he went over to the heap of battens and loaded them on his dray with the assistance of O'Connor. He did not count them, but took all he could see to Wishnwski's farm. This was done at Wishnowski's orders. He heard a discussion between McLaren and Wishnowski, when McLaren stated that Wishnowski could take the battens, as he had sold the farm and had no further use for them. He had been helping defendant as a j friend and to help to fill in time, and had received no wages for any work done.

Daniel O'Connor stated that he was a farmer at Westholme. He remembered helping Pepper to load up battens; he considered there were between 100 and 150 loaded on the dray. It was broad daylight when they loaded the cart. Constable Fitzgibbons stated that he visited the defendant's farm on April 6, and found 49 battens under trees, also eight more holding a fence round a haystack. Wishnowski stated that McLaren had given him the battens. He made no search of the premises, as he had no warrant; but defendant took no exception to his looking round. The information he was working on did not come from the complainant. Louis William Wishnowski stated that he was a farmer, residing in Waverley. McLaren told him he couM take the battens, as he had no further use for them, and he instructed Pepper to load them up on March 8 and take them to his farm. When the constable came on the farm he did not conceal anything from him, but told him there were about 100 battens on the tarm. He had counted them. He was present in the Commercial Hotel on March 31, and remembered McLaren asking him about the battens. He thought McLaren meant the missing WJO, and denied all knowledge of them When McLaren asked him about the battens there had been no mention of price. The only time any price was mentioned was when McLaren tried to sell him some firewood. He was satisfied m his own mind that McLaren had given him the battens. Mr McCall addressed the Court at some length, and took the opportunity also of congratulating the police on the tan- way he worked up kis case, and also for calling Mr Pepper to give evidence on his behalf Robert Stuart stated that he was working for Beswick, and had carted

out the battens and other goods on his ' behalf On account of the heavy roads he had dumped the battens at Westholme, but there were only about 100 put off, as that was all he had room for with the load he had on. The remainder of the battens were left at the station for Beswick to move later on. No further evidence was called, and tne Court retired for a few minutes. On returning the Court stated that' they were of the opinion that the gift had not been proven, and that defendant should be fined 15s and costs. Mr McCall pointed out to the Court as the case was not a civil one the defendant could not be fined without a conviction; he must either be proved guilty of theft or discharged. After a further retirement the Court found that the evidence was too contradictory, and the accused was entitled to an acquittal.