ALLEGED THEFT OF CHOCOLATES.

Lyttelton Times, Volume CXVII, Issue 17287, 30 September 1916, Page 7

ALLEGED THEFT OF CHOCOLATES.

SKYLARKING IN REFRESHMENT SHOP. THREE MEN BEFORE THE ! MAGISTRATE. At. the Magistrate’s Court yesterday, i before Mr T. A. B. Bailey. S.M., Edward Lagan and Joseph Sloan (Mr Cassidy) and John Morrissey (Mr M. Donnelly) were charged with the theft of chocolates, valued at 10s, the property of Thomas Edward Cairns. They were also charged with doing mischief 'to a quantity of soft drinks, the property of Cairns, but Mr Donnelly insisted on the charges being taken separately. • Cairns gave evidence that at 11.30 p.m. on Juno 16, while three customers were in his shop, the three accused and two other young men entered the shop, and ordered cups of “Bovirn.” In consequence of what had occurred before, he decided to watch them, and while ho was away getting the “ Bovim ” ho saw Lagan and Sloan go behind the Counter and take chocolates and small goods. Ho told them to leave things alone, and went behind “ the soda fountain again. Later he went for the police, and on his way. hack saw Lagan throw a- shop sign behind the tramway seat, breaking the glass frame. He accused Lagan of having bis goods in bis possession, and felt the chdcolafe boxes in his pockets. Lagan offered to Tight:, but one of bis mates pulled him by the arm. and said " Como away ; the police are coming.’ Sergeant Stewart had searched for the lollies, but failed to find them. . Constable Fox he searched again, and found chocohvtes all along the road, while Mrs Brown, next' door, found boxes in her back premises*, When he got back to the shop he found that the soda fount tin was empty, and the ‘syrups all over tlm floor. While in the shop all the men were skylarking, and Morrissey had taken some sweets out of a jar on the counter. To Mr Cassidy:' Qn the following Monday Lagan came to the shop—a man having come previously—to ‘‘square it.” He had not demanded “ a fiver apiece.” Lagan was searched by. the sergeant, and nothing-vas found | on him, but the goods were found near byTo Mr Donnelly: He had never had in his possession a paper offering to take £~> each. He had offered to “ square it ”' if damages were paid, lie had a piece of paper on which n friend had written that if they wpre to pay damages the ease would not come to Court, v Cairns, further cross-examined, said that none of the ‘‘•Bovim ” had been paid for. L> Mawson, a. dentist, who was in the shop at the time, said that he saw the ' accused and two others come iu and call for drinks. While Cairns was away Lagan walked behind the counter and playfully asked the others what they would like to drink, at the same time running off a little of the soda. lie also saw the chocolates handled on the shelves, 'but he could not say who removed tlrem. Thp men continued skylarking, but Lagan .and two others left, while Sloan and Morrissey remained. He did not see Morrissey take any lollies, but some that were loose on the counter fell near him. Shortly afforwards ho heard n crash, and saw* the broken sign. To Mr Donelly: He did not see Morrissey take anything out of a jar. Clarence Victor Brown, a clerk, who was also in the shop, said that Lagan fooled around with the taps of the soda fountain. He was called behind the soda fountain and, watching through the lattice, he saw Lagan take the glass sign .out ’of the shop, and he heard a crash. The floor was in a mess where the men had thrown bread and straws and other things on the floor. He saw Morrissey help himself to a jar of Jollies, but did not see Sloan do anything.

Sergca'n.t Stewart said that when Cairns called him ho went to Dickons Street, where Cairns was accusing Lagan of stealing chocolates. He s’earclied Lagan, but found nothing. Cairns also charged them with damaging his property and ‘upsetting the shop, and they replied that he could not prove it. Constable Fox said that at midnight. he charged the three with the theft. Lagan and Morrissey denied it, but Sloan said “He is making alo* of fuss about a few bobs’ worth of lollies.” All had been drinking. That night and next day ho found lollies and a. packet ol chocolates lying in the street-

Air Donnelly, .alter arguing thatthere was no case against Morrissey, suggested that instead of entering a conviction the Magistrate might invoke Section .92 of the Act, and make an order of damages, up to £2, conditionally on the case being dismissed. -Mr Cassidy pleaded that, there was no ease at. all against Sloan and Lagan. George Merton, a. pastrycook, called by Air Donnelly, said • that he. was in the shop with Sloan’fi brother and Alorrissey, who took nothing and damaged nothing. There was no disturbance at all. “Then this disturbance is." all a niyth,'’ said the sergeant. Patrick Sloan said that while he was in the shop he did not see Morrissey do anything. Nothing was taken or spilt. r Morrissey, on oath, said that he interfered with, nothing. Neither, Sloan

nor Lagan had taken anything. Cairns was very excited and wanted to light Lagan. Cross-examined: .There .was no -disturbance at all, and nothing unseemly- ' Sloan, on oath, said that ho took absolutely nothing, and had invited the sergeant to search him. In. cross-examination Sloan said he did pot see anything unseemly at all. There was no soda, fountain turned on, or straws thrown on the floor. “ I cannot understand you witnesses at all,” said the Magistrate. ' Lagan gave evidence that while Cairns was away he turned on one of the taps, but took no lollies. Lagan and Morrissey were convicted of the theft of lollies, the Magistrate remarking that the theft was not very serious. They would play the fool, and it was their own fault. The accused were then charged with doing damage valued at 10s. On this charge Morrissey and Sloan were discharged, and Lagan was convicted. Senior-Sergeant Ala the son said, that Morrissey had been fined 20s for assault in the same locality, and was reported by the police to be tho leader of a crowd of hoodlums. Air Cassidy pleaded that two convictions should not be entered against Lagan. In reply to a similar plea on behalf of Morrissey, the Magistrate said that some of the witnesses were obviously lying, and he did not believe Morris-* sey’s 'evidence. Finally Lagan and Morrissey were each fined 20s for theft. The second charge against Lagan was ‘held over for a week, to bo then withdrawn if 2-5 s in damages was paidWitnesses’ expenses were allowed.