SUPREME COURT

Manawatu Standard, Volume LIX, Issue 194, 18 July 1939, Page 12

SUPREME COURT

TWO CHARGES LAID. In tho Supreme -Court at Palmer ston North, yesterday, before xxis Honour Mr Justice Blair, Charles James Harrod, aged 47, engine-driver, pleaded not guilty to a charge of theft of a bicycle, on March 5, 1938, the property of Frederick Keith Robbie, anil not guilty to a further charge of receiving a bicycle knowing it to have been dishonestly obtained. Mr A. M. Ongloy appeared for accused and Mr H. It. Cooper (Crown Prosecutor) conducted the prosecution. Tho following comprised the jury: Messrs A. C. Evans (foreman), il. J. N. Gibsone, N. T. Friend, G. Hannah, It. G. Carson, J. H. Howartli, J. Cull, S. Penketh, C. G. Brown, It. A. Allan, El. A. Silson, and H. E. Newsom

Mr Cooper stated that a bicycle had been lost from outside a theatre in March, 1938; accused said that ho bought tlie bicycle in January, 1938. The name “Robbie” had been partly blotted out by transfers, which accused had stated were on tho machine when lie purchased it. Mrs M. S. Robbie gave evidence that in May, 1937, she purchased a bicycle for her son from S. Napier. She identified a machine produced by its equipment and general appearance. S. Napier, cycle dealer, testified that on May 7, 1937, lie sold a bicycle to the previous witness. Tlie maker’s number, of which lie had a record, corresponded with that on the machine in Court, and witness’s own number (57) was also present. Witness also identified traces of tlie name ‘L. Robbie” which he had put on the bicycle by means of transfer. The saddle, however, had been altered, as had the hack rim and a pedal rubber. Two or three months ago the machine had been taken into witness’s shop by accused to have a rear tyre fitted. W itness checked tho number by his record and ascertained that it was a machine which had been stolen. There were none of witness’s own transfers remaining, hut several others. Subsequently witness reported the occurrence to the police, who took possession of the machine.

To Mr Ongley: The machine sold to Mrs Robbie was just a stock model, and a great many others in Palmerston North were similar to it. There was a slight bend in the back stay of the machine, and the handles were slightly bent, as if having been in an accident. There were on the iront fork two marks which might have arisen from the fitting of an electric light. Frederick Keith Robbie deposed that lie had left his cycle in a rack outside a theatre on March 5, 1938, when it was stolen. The bicycle in Court was the one formerly in witness’s possession. Joseph Boucher, cycle dealer, stated in evidence that a transfer on the front of the bicycle in Court was his, but he had not put it there. Sometimes people came into tlie shop and bought transfers, and sometimes they were given away. Witness had sold two bicycles to accused—in November, 1935, and December, 1936 —on timepayment. There was 30s owing on the last one, which witness saw in January, 1939, in Hamid's possession. To Mr Ongley: Witness would not say it was a fact that in December, 1937. he bought hack, fully paid, tho bicycle sold in 1936. He would have no record in the hooks, and could not remember. That bicycle was not now in the shop. At tliis stage the Court adjourned till this morning.