THEFT OF A BICYCLE.

Manawatu Standard, Volume XLIII, Issue 1719, 9 January 1920, Page 5

THEFT OF A BICYCLE.

FOUND ON THE SIDE OF THEROAD

At the Police Court this morning, before

Messrs \V. F. Durward a"d C. E. Dempsy, J.'s P., a young man named Walter Clifford Flogdell was charged with the theft at Palmerston North on or about October 7 of a bicycle value £5, the property of Clement James O'Brien. Accused pleaded not guilty. . Senior Sergeant Fraser stated that on October 7 Mr O'Brien's bicycle was stolen from a shed at the Family Hotel. He reported tho matter to the police, and' yesterday lie saw tho bicycle outside a shop. Mr O'Brien and Constable Ferguson made inquiries and found that accused had sold tho bicycle for £l, saying that he had found it on the side of the road. The SeniorSergeant said that if a person found an article he baeame guilty of theft when ht disposed of it. Accused had made no attempt to find tho owner of the bicycle. ■ H. C. Purton deposed that about three months ago he purchased a bicycle from ae cused for 20s. The bicycle produced was the one lie purchased except for the tyres, seat, and mudguard. Clement James O'Brien, postal clerk, deposed that on the evening of 6th October he missed his bicyclo from a. shed at the Family Hotel, and he identified the bicycle

in Court as his property. The bicycle was in good order when it was taken! Constable Ferguson deposed that at 4.30 p.m. yesterday he made inquiries regarding the bicyole. Accused stated that he found tho bicyclo on Newbury road and sold it for £l. He was quite open and frank about the matter. _ • Senior-Sergeant Fraser quoted a "ase showing that if a man takes goods he believes to be lost, and appropriates them without making inquiries, he is guilty of theft.

Accused called as a witness John William Marshall, who stated that about three months ago he saw accused on the Newbury line with a broken bicycle. Ho said he was going to take it into town, and witness offered to take it, which lie did. It was in pieces, and could not bo ridden. He did not tell witness iiow he oame into possession of the bicycle, i In reply to the Bench, witness said he took it for granted that it was accused's bicycle

j Accused deposed that ho was cycling homo towards Palmerston North when ho saw the bicycle in a damaged condition, and he sent it into town by Mr Marshall. Nobody advertised for it so he put it in his whare, when it was seen by Mr Purton, who offered him £1 for it Not thinking, witness took the money. Hearing that Constable Ferguson was after him in connection with the bicycle, he rang him up on the telephone. In reply to Senior-Sergeant Fraser, accused said that it was about 10 o'clock at night when ho picked up the bicycle, and he nearly tripped over it. lie liad not made any inqiiirie" from tho police about the bicycle, but thought that if it was valued it would be advertised for. He did not thin!; the bicycle was worth sufficient to advertise for the owner. Accused added that he to a returned soldier, but Senior-Sergeanl Fraser said that that did not excuse theft. Tho Bench said there was no evidence that accused had taken the bicycle from the shed in which it was left. He had evidently dono what a good manv /other people did—taken property which he was not entitled to. He had technically committed theft, and would be fined £1 and ordered to re-

fund to Mr Purton £lpaid for the bicycle and £2 spent on repairing it, and also to pay tho witnesses' expenses.