ALLEGED THEFT

Marlborough Express, Volume LIII, Issue 102, 1 May 1919, Page 4

ALLEGED THEFT

THE MOTOB-CAR CASE.

ACCUSED COMMITTED FOR

TRIAL

In the Magistrate's Court this morning, before Mr P. L. Rollings, S.M., a. j-oung man named Henry Lauritz Homes was charged with that he dlid, on April 12Jh, steal an Overland motor-car of the value of £400, and ono rug, one mackintosh, and two gents' overcoats, valued at £6 15s, the property of Timothy Edward Higgins.

Sergt. Kelly conducted the prosecution, and Mr T. F. Relling appeared for the accused.

Timothy Edward Higgiiis, fa»rmer, I Soddon, said that on Saturday, April 12th,' ho had! his car in town, and ait about 6.15 p.m. he left* it in Queen Street alongside the - Club Hotel while he went into; the hotel to have dinner. He came out of idie hotel, about 7.15 o'clock, a.nd found the car* to be missing. He gave no one authority to take th® car or to sell it. He repotted tiie loss to the police, and the car was recovered at Nelson. He went to Nelson on the 15th of April and took possession of the car there. He did not get tihe rug and overcoats then. When he left the car near the hoftel it had the number AC 314 securely fixed on the back of it with two nuts. The car was outside the Court; lie identified it as his property. The rug and overcoats now produced wore the articles that he left in the car. He knew that the accused used to be a taxi-cab driver in Blenheim. His (the witness's) brother James had an Oakland car, and usually left it in Queen Street when he came to town. It was there on the same day (April 32th). ~:,.... Cross-examined .: ,■ He had had the car about 15. montiis. He had known tlio accused for three years; he had not known him to speak to, but knew who he was. • PoiioefSergt: Andrew McGregor, Nelson, Said that at 9 a-.ni. on Simday, April 13th, he noticed a motorcar being driven furiously along Collingwood Street. He took the number of the car; it was AC 314, fixed on the back. The car was similar •to the one standing outside the Court. The man driving iJj resembled the accused; he was going 35 to 40 miles an hour—too fast to give the witness a. chance of identifying him clearly v Ho reported the matter that day. He did not know till the Monday night folio .ving that the car was a stolen one. ■ Bernard Hoiisians, one of the proprietors of the Commercial Garage, Nelson, said that on the morning of Monday, April 14th, > lie noticed a car in the garage. Some time in the afternoon the accused came up to him in the garage while he Avas working at a. job. He had not known tlio accused previously. The accused asked him if the firm dealt in cars, and the witness-said "yes." He said ho had a ear that was too big for Lim and he wanted a smaller one; that he had no further use for a big car now, and that he had been doing a Lit in cattle dealing, and often took people round the country. Witness would riot swear that the accused told him his iianie.' The accused said lie was going to open up a small hairdressing saloon in Nelsou. Witness said: "Is it Hart's" ? (A saloon that had been run by a man who was'killed at the" front). Accused said '•yes." Witness told him they had a small Singer car to sell, and that he would go into the matter and see him Inter in ihe afternoon. He asked accused if he thought £220 would be too much, and the accused said: No* he would see the car in the afternoon. Accused did not expressly say that the Overland was-his car, but ,the witness understood that he claimed it. The car that the accused had in the garage was similar to the one outside the Court. Accused said he thought that it was worth something over £300. The deal was still under discussion when Constable Hardy came along and. asked witness if there was a. strange car in the garage. Ihe accused was arrested in the ga rage later in the afternoon. He did not see'any number on the car. Constable W". S. Hardy, Nelson, said that lie %vent into the Commercial Garage at Nelson at about 3.30 cm the afternoon of Monday, April x4th. He was in plain clothes. He wont there to have a look at a car of his own. The accused 'was standing alongside an Overland motor car. Hie witness asked him casually if that was his car. The accused' said tjiat it did not belong to him, -but belonged to -a man named Keith Kobmson, a cattle dealer, of Blenheim. He said he had brought it to INtlson for sale, and he wanted £340 tor it, or would take in exchange a smaller car. The car outside the Court, was the one that he saw in the garage. Jt had no number on it.. 1 he witness asked the accuse-i where the number was, and he said lie did not think it ever had a number. -He lold the accused that the' car was peon going along Collingwood Street i ?5S riOUS mo ""ust,/with the number AC3I4 on it. The accused admitted that he drove along about 9am on the 13th. The witness had seen a telegram stating that a car with that number on it had been stolen at Blenheim. He then told the accused that lie was a police constable, and charged him with the theft of the car. Ihe accused said nothing. Cross-examined : The' accused did not deny that he was driving the car the witness described to him. He said he was coming from church. While the accused was in custody he got his father-in-law to send a wire to Keith Robinson, care of Club .Httel, Blenheim, to the following enect:—"ln trouble with police over reotor car. What about itp" Re-examined: He did not know any Keith Robinson. Constable D. Byrne, stationed nt Blenheim, said that at about 8.20 a.m. on the morning cf 23rd of April, the accused called at the police station and inquired for Constable Qjiayle, who was *iot in. Tiie accused reported to him that there were seme rugs and coats in his irarden, find that he saw them when he pot up at 8 a.m. He said they might !>r* the stolen property, referring" to tllc a£* icles taken froir- Hiircnis's car. The witness went with th'p accused to the latter's hous?;" in Bomford Street, and tho clothing produced was in the front garden. Tlrnccused said he had not%nproached tho clothing ,n any way. The ground wo,s freshly dv«; nnd 'soft, and the witness pointed out footprints leiuliiiff from the front door to the spot vhere the clothing lay. The acoueed paid lie could not account for them, j Hie co-jts were wrapped up in the ! vug. ihe witness took possession of the clothing, whiVh was aftiM-warrl* ldpntified hv Mr Hicrsins. He did not know Keith ftobinsor., and had nonpr lie^rd of such a nerson Consta-Wc E. Quavle, Bloiihorn. K.'iul he had known the ncouwd for sc.-pral years. He had made in-

quiries for a Keith Robinson, bu# could find no trace of such a man.. He had been stationed in Blenheim* over seven years. Counsel intimated that the accused, intended to plead not guilty, and that he reserved his defence.

The accused was committed for trial at the Supreme Court, in Blenheim, and bail was allowed in his own. recognisances of £100 and two* sureties of £100 each.