"BORROWING" A BICYCLE.

Nelson Evening Mail, Volume XLIII, Issue XLIII, 15 April 1909, Page 2

"BORROWING" A BICYCLE.

A CASE IN COURT. A LACK IN THE LAW. STRONG riE.MAP.KS BY THE MAGISTRATE. A man named Thomas Mahon, a stranger, was charged before Mr H. Eyre-Kenny, S.M., this rcorning with feloniously stealing a bicycle, valued at £19 10s, the property of Frederick Rout. A plea of not guilty was accepted. The circumstances surrounding the case were narrated by Constable Hickey, who stated that shortly after noon yesterday it was reported to the police that a bicycle had been taken from outside of " Sargood, Son and Ewen's warehouse, in Bridge-street. Men engaged on the drainage works saw a man take the bicycle, and also informed the police that he had ridden towards the Port. Constable Hickey proceeded to the Port and found the accused lying close to the bicycle track, with the bicycle alongside him. Accused was asleep, and when awakened admitted having taken the bi-yclo, but could not say where he had taken it from, as he was under the influence of liquor. Mahon's hand was cut as a result of a spill from the bicycle. Frederick Rout, the owner of the bicycle, said that the machine was bought only three weeka ago, and was worth £18 10s. The bicycle was not damaged previously to accused taking it, but it was slightly damaged now. Sergt. Dougan said that it did not appear as if the accused wanted to steal the bicycle. The accused had ridden the bicycle all roimd and finally pone to the Port. It was a. drunken freak. But bicycles had so often been removed that "it was considered desirable to bring the accused before the Court in order to show that bicycles could not be taken with impunity. Mahon gave evidence, in which he stated that he was a sailor, but had beeen \vjrking on a station down South. He went to Wellington, and then came on to Nelson, hoping to get a beith on a ship for Home, he having been told that there was more chance of netting a ship here just now than in Wellington. He had been drinking. He nover had any intention of stealing the bicyclo. The Magistrate, after emphasising that drunkenness was no excuse fur crime, went on to say that it appeared to him that a new clause should be inserted in the Police Offences Act providing that anyone taking a bicycle wihout the owner's permission should be subject to a special fine. That wonld enable the Court to deal with cases I:'k'> t 1 at before him — cases "■! ich v.erfc only too numerous. Had there been a special clause ar, ho Fuggested he woiud probably have fined the. accused a heavy amount or sent him to goal for a month" Borrowing bicycles without owners' consent happen .VI every day — several tunes a day. The accused had been guilty of very disgraceful conduct, and had made himself liable for a criminal offeree. However he would give him the benefit of the doubt — there did not seem to be any intention of stealing the bicycle ; but the accused had had a narrow escape, and must be more careful in the future.