ALLEGED PAINT THEFTS.

New Zealand Herald, Volume XL, Issue 12328, 21 July 1903, Page 3

ALLEGED PAINT THEFTS.

THE 400 USED BEFORE THE COURT.

: COMMITTED FOR TRIAL, Mb. 11. W. Beabant, 5.M., : sat at the Police Court yesterday, when the charges arising out of the alleged thefts of painting materials from the warehouse of Messrs. John Burns and Co., 1 Custom-street, were proceeded with. The Hon. J. A. Tole prosecuted on behalf of the Crown, Mr, t J. C. Martin representing the accused,* Nelson Farrow and William Thomas Worms. .

The two accused wero charged with having on July 7 stolen 2owt of white lead, 10 gallons of linseed oil, three gallons of varnish, three half-bolts of scrim, 141b of putty, one tin of Venetian red, 281b of dryers, and on© case of kerosene, valued at £10 5s 6d, the property of John Burns and Co. The accused Farrow was also charged with having stolen, while a servant of John Burns and Co., the above articles. *> N • 7

The Hon. J. A. Tole, in opening, said the charge was one of a series of thefts from the warehouse of John Burns and Co. The accused Farrow, was an employee of John Burns and Co., while Worms was a carter employed by another firm. On the date in question Farrow sent certain goods away in Worms' cart. An employee noticed an unusual cart in tho yard and was/suspicious, as Burns and Co. employed their own oarters, and went in to inquire about the orders. Meantime Farrow had asked for leave to go down and see the Westralia off. Accused did not, however, go down to the boat, but went up to see Mr. Morpeth in Ponsonby Road, there to arrange with him to receive tho goods and to get Morpeth to charge them up to him (Farrow). The employee not fiudiug any entry of tho goods sent away informed the managing director, who made inquiries. These not being satisfactory, Farrow was sent for, and an explanation asked. Farrow said that tho goods were sent to Morpeth. Two sacks were seen in the cart, and in regard to these, Farrow replied that Worms had left two sacks of coal earlier in the morning, and had returned for them. Morpeth would state that he never received any goods from Burns and Co., though he received a bill for them. The prisoners afterwards practically admitted the whole of the charges. George Edward Bagnall, clerk in the employ of John Burns and Co., Limited, said that on July 7,. 1903, in the morning, he was passing through the yard and saw the two prisoners loading a cart with goods from the stores. He did not make any inquiries until after the cart was gone. In the cart he had seen two drums of oil. 2cwt of white lead, and two sacks, one being filled up and the other only partly. -He afterwards saw Worms put. a case of kerosene into the cart, after which he drove away. Tho reason why his notice was attracted was that the cart was a strange one, and they generally did their own carting. Not being able to "get any information as to the hiring of tho cart he went and saw Mr. John Burns and told all he knew. . Bertram Noake3 said he had charge of the orders. He remembered July 7 last. It was then that he informed Mr. Robert Burns of the strange cart leaving the premises. In the forenoon ho inspected the order book to see if there were any entries to Mr. Morpeth. The order slip produced was not in the book when the cart went out. About one o'clock he wont to Mr. Morpeth at Ponsonby, and afterwards struck the case of kerosene out of the bill', as Mr. Morpeth said ho did not receive it. About ten o'clock that morning Farrow asked permission, which was granted, to go down and see the Westralia off.- There were no entries as to Worms having received any goods. In answer to His Worship/witness said that the reason why ho went up to Mr. Morpeth's was that the matter looked suspicious. '■ Gordon Clark, an employee, deposed that he assisted in making up orders in the department. On July 6 he made up an order to tho-instruction of Farrow, including ok rolls of scrim, 55yds each,' two and two half-gallons of varnish, two 141b barrels' .of putty, 281b of Venetian red, and a box . of sash tools. , He put. them on the lift, and that was th© last he saw of them. From what Farrow told him he understood that the order was being charged to a man in Symonds-strcet. Farrow told him that the cart was then waiting. Accused also said he would see to the charging up of the goods. On going across the yard on the 7th Farrow said that he had been caught taking goods, and that he had beon up to Morpeth to fix it up. To' Mr. Martin: Farrow spoke to him in tho yard.and tpldhira what had been already stated: Witness said: "I hop© it's nothing serious," but Farrow did not reply. Robert Burns, a director of John Burns and Co., said that the accused Farrow had been in their employ for the last seven years. On being told about the cart he had made inquiries as to orders, but could find no note of anything on the file. Later on he ascertained that an entry had beon passed in, being charged to Mr. Morpeth. At half-past five that afternoon he sent for Farrow, telling him that there was some suspicion of goods being sent away by him and not boing charged. He asked for an tion. Farrow said that Morpeth had ordered from him two kegs of white lead and two drums of linseed oil. The prisoner then admitted that possibly he had mado a mistake in sending the kerosone. Witness then asked him about the two sacks, the prisoner tolling him that Worms had- left two sacks of coal earlier in tho day and had then called for them. Witness did not regard the explanation as satisfactory, and suspended Farrow, who was to report himself at half-past nine next morning. The man Worms had never 'had any goods charged up to him. William Henry Morpeth, an ironmonger, carrying on business in Ponsonby Road, remembered July 7 last. About a quarter to twelve that day Farrow called and asked if he would mind taking two kegs of lead and two drums of oil from the firm, as he wanted to paint his house, and would witness charge it to him. Witness. agreed, and when coming back from lunch charged it up on his books. He never received the goods from Burns and Co., but received a bill later on. Ho did not send the goods to Skinner, am' did not know the man. Farrow being a customer, that was the reason why 1 he consented.-, John Braeh, who took all orders as they came down from tho different departments, said he-did not check any of the goods that were taken away by Worms. If they loft the warehouse they did so without going through the proper form. John Walter Hollis, detective, stated that ho wont to Worms' house in Ponsonby. and asked him about a load of goods he had taken away from Burns and Co. Accused replied that he had taken certain goods to Morpeth's, and liad taken tho case of kerosene himself. Accused stated that Morpeth had told him that morning to bring from Burns and Co. 2ewt of white lend and two-tins of oil. Witness then told accused that that was incorrect, as Morpeth had given- him no such order at all. Witness then? charged him with the theft. Asked about the kerosene, .accused said he would tell tho truth, and gave a written statement, as follows:—"Shortly after nine a.m. on the 7th inst. Wm. Morpeth, Ponsonby Road, called out to me as I was passing along the road, saying 'Call at John Burns and bring up 2cwt of white lead. "Bang it up to me at once, as tho man is mirTting.' Getting to Burns' I put into' the cart a sack of coal I had left there earlier in the morning. . I saw Farrow and got- the goods for Morpeth. I then obtained a case of kerosene for Carder Bros. I went to Morpeth and he sent me to Skinner. I did not give Farrow any order for the goods. . . . I gave one tin of kerosene to my sister, Mrs. Gardner, liv- I ing in Clarence-street." Worms then made two amendments, saying that he would "tell the honest truth." The first amendment was to the effect that F&rroW gave him the kerosene, saying that as he (Worms) had a sick brother-in-law, lie wanted him to take him the case, and Farrow said he would pay for it. Worms then took the case home. He did not got -any order from Carder Brothors. In. the second amended statement Worms confessed to not getting any order from Morpeth. He said: I got the order from Farrow and took the goods to Skinner. One bag contained scrim and the other paints. I met Farrow on the night of the 6th, and he asked me to call down at the shop in the morning to got some stuff for Skinner." Continuing, Detective Hollis said that in regard to the sacks the accused said they contained coals, and that having left them earlier at Burns' he called for them. Witness saw Farrow an hour afterwards, the date being July 8. He told Farrow that Worms was being charged with theft, and that be was going to be charged with him. It-was not known at tho time, what articles were sent away, but Farrow supplied the names. Farrow also said be would tell the truth, and made the following statement in writing:" At about half-past ten a.m. on the 7th inst. William Worms, carter, of Clarence-street, Ponsonby, brought mc an order as from himself for the following good? 2cwt of white lead, 10 gallons of linseed oil, 3 gallons of varnish, three half-bolts of scrim. 141b of putty, one tin of Venetian red, and one tin of dryers. Ho said, ' I want it for a party. Let me have it.' I (Farrow) gave him tho men--1 tioned articles. There was no stated price arranged for which ho was to pay me. I was ■ hard up at the time, and that is what I did it tor. Worms took the things away

in Ins cart If I said Morpeth ordered?tla goods it is not true. I stand by me and acknowledgo oraw. When Skinner called at my W«S to say that, when asked, he should statethat he got the lead and kerosene from Mflrpetn Worms had sent Skinner to me. Witacw continued: Worms was then ana Farrow's statement read over to him. Worms replied, "Yes; that is right. ! We took he stuff and out it up,between us. M witness went to g<ggSi In the presence of Mrs. Skinner no .... lewt of white lead, 10 gallons of. >o«MWj of putty, 281b of Venetian .red,, <281bot dryers, two and a-half bolts of «™* h "JJ gallons! of varnish. Later in the d ay.he eaw Mrs. Skinner, who handed over the to™* To Mr. Martin: Worms was arrestedl before he saw Farrow, who. came to Jepolioe station, where the interview took place. This concluded, the case tor the Crown Both accused, who pleaded not . guilty • and reserved their defence, were committed to trial"Mr Martin said he would not ask for bail until the other charger were dealt same accused were ohavged that in or about March last they die sto I lew of white lead, one drum of oil, l«b.J *Pg£ 50yds of scrim, 281b of dryers, 281b of pamte, and a quantity of tacks, the last-named valued at 2s 6d, the property of John Burns "ThSicoined Farrow was also charged that while he was in the service of John Burns and Co. lie did steal'the above articles. The Hon. J. A. Tolo said the evidence wat, practically similar to that in the previous

. Robert Burns, a director of J. -Burn.and Co., stated that Skinner never had any ms count in their books, and none of the gooes mentioned were recorded there. , Gordon Clark, assistant in John Burns and Co.'s, said that-in the latter part .of*™"* he made up the order for Farrow with the exception of the tacks." He passed the goods down on the lift to Farrow- . i)in Cross-examined-:. Farrow gave him «w order in writing.-but witness destroyed .the slip. Accused said he would give torn halt of what he got for ?the goods. JJJg? knew no more about it until aftor the ancs Bertram Noakes stated, that though all orders came under his notice, he had never seen any mention of the goo as in question. None of the goods were accounted tor. >, ; John Brach, in the ordinary course of busu ness, would have checked the goods, but be had never seen any order. v . _ nnKO „ Harold Skinner, painter, living m Ponson, bv knew both prisoners. About the end. of March he received from Worms the goods mentioned on the paper produced. - Be paia between £3 and £1 for them. He did not do business with Farrow. . ~ , +v-j: J W. Hollis, detective, said that wen asking accused some questions lin ®fIW charged them on another count. *™ then said he gave the goods to Worms.,; ifio latter said, "Yes; I carried the foods. You could get mo out of tins if you. liked,! This concluded the evidence. ine^- accused, pleading not guilty and reserving tneir defence, wore committed for .trial. ■■ J->JJ-Martin over the question of bail. ,•;-.- A third charge was then proceeded with, tlie same accused being charged that on or about April 27 they stole 2cwt of white lead, three drums of oil, 4 gallons of turpentine, one case of kerosene, three gallons of varnish, six brushes, 141b of ■ glue, 200 yds of scrim. 30,000 tacks, one gross of tapes, : one saw, and one gallon of size, the property of John Burns and Co. . - Farrow was also charged that, being ft servant of John Burns and Co., ho did steal the above articles. ,;' Counsel for the Crown stated that this case occurred just before Farrow got three weeks leave to go to Sydney. He had given Worms an order to give to Clark, who supplied the goods. ' i After evidence had been given by Robert Burns, Gordon Clark, Bertram Noakes,:John Bracti, an d Harold Skinner (who admitted having received the goods, paying £5 for them), Detective Hollis stated that when both accused were charged in the prison' Worms said: " I got the goods, but I did not get them from Farrow." Farrow said: "He did not got them from me, as I was away at the time. I was in it, and I will, take the blame." On the 9th witness . recovered several of the goods from Mr. Skinner. ■'.. Both accused pleaded not guilty, and, reserving their defence, they were committed for trial. - ' . *:

Farrow was further charged: (1) That on or about December 3, 1902, he did steal three cases of Bft galvanised iron,; 12 lengths of; ridging, 10 sheets of 6ft galvanised iron, seven sheets of zinc, and 121b of nails, to the total; value of £18 lis 4d, the property of J. Burns and Co.; (2) that during the month of March last he did steal one range, valued at £10, : the property of J. Burns and Co. The Hon. J. A. Tole asked that both cases be remanded till Monday, the 27th ; inat., when further, charges would likely follow. '•■« i His Worship consented, and%djourned ; the cases accordingly. .'■''•. --.. •*> , " : Mr. Tole asked for a remand until to-mor-row in the case of Harold Skinner, who was charged that on July 9 he did receive 2o\vt of white lead, two drums of oil, one case of kerosene, three half-bolts of scrim, one tin of paint, one tin of dryers, 3 ; gallons of varnish, one dozen paint brushes, and 28lb of putty, the property of J. Burns and Co., well knowing the same to have been stolen. >; Tho remand was granted. 7 .'•■■;.■;'■'■ On the charges in ; which Farrow and Worms were committed for trial bail. was allowed in £200 in each accused and in two sureties of £100 each. In regard to Farrow's remanded charges bail was allowed in. accused in £100, with two sureties of £50 each. Worms was allowed bail in himself in £50 and in one surety of £50. , . .