ALLEGED CARGO PILLAGING

New Zealand Herald, Volume XLIX, Issue 14928, 28 February 1912, Page 6

ALLEGED CARGO PILLAGING

WHARF WORKER ACQUITTED. THE UNION AND THE POLICE, A case of alleged pillaring of cargo from the Queen-street Wharf was brought be* fore Mr. Justice Chapman yesterday ai ' the Supreme Court. A respectable-looking middle-aged waterside worker, named William Smith, pleaded not guilty to an indictment charging him with having stolen four pairs of stockings, valued at 10s the property of the Tyser Steam Ship Company, from " I"' shed on the wharf on the night of January 24 last. He was defended by Mr. A. E. Skelton. The Hon. J. A. Tolc, K.C., appeared for the Crown. Edward John Sinel, a representative of the Tyser line, said he caw accused taking a " kit" from the shed with his ofl. skin over it. Ho went across the wharf and then dropped something over the side. Almost immediately afterwards a small Maori kit was fished out of the water. When it was examined ill contents were four pairs of ladies' black stockings. The defence was an absolute denial of the material portions of the case for the j prosecution. The accused went into the box, and swore positively that he had never possessed a Maori kit, such as that fished out of the harbour. Until some little while ago he had always carried a leathern bag. but he had left it on board the s.s. Victoria when he was work, ing on her a month ago. and since then he had always carried his meals in his pockets. He had taken his oilskin co«t down that day, because it had rained in the morning, although it was fine at night. Accused's wife denied that she or her husband had ever possessed a kit such as that produced. Evidence was also given as to the defendant's good character in the past. James Collett, the secretary of the Waterside Workers' Union, was one of the witnesses as to Smith's character, and lie said he had the greatest confidence in him, and made it clear that it was no part of the union's desire or of his own to protect pilferers in any way. This witness was closely cross-examined by Mr. Tole as to the union's attitude towards the police generally. "Now." asked the Crown Prosecutor, i "is it not a fact that your union h«s passed a resolution to the effect that you must not give any information to the ' police?" "I decline to answer that question*" '. said the secretary. , "Well, then, what's the value of your evidence?" asked His Honor in a tone of surprise. ' " Well, there was some misunderstand' ing about a private detective coming into my office in my absence, and he got hold of the caretaker—"

But hare you passed that resolution!"Mr. Tole insisted. " Yes we have. But I'd like to explain that a 'plain clothes man' came into the office and asked for the secretary. I wasn't in at the time, and he took tie ! opportunity of going into my office, and ■ . I got into trouble about allowing any Tom, Dick, or Harry to come into the office in that way. ■ .'■'.'■. "/^^sSlp. "Yes; that's all right; but the police are not Tom , Dicks, and Harrys—taf-y are guardians of the public!" ! f " "That's true enough; but I am answering the question. And I say that no .later than Monday last the police were in. jay \i \ office." „ ~_,'• ,',.,, .a i-: __,. a "But you havi> the resolution onyear books?" "Yes; but it is directed only against the general public. I say that since that resolution was passed the police nave received information from me personally. The police officers, from Sergeant Rainwy down to the youngest constable who coasts into my office, have always been treated courteously." | " Now, wasn't the man Bergman--tenced the other day for pillaging— he a member of ycur union!"—" Yesy- '■■■'»■ ■" * ' • • I'm sorry to say he was. - i , ,'. This closed the evidence. Counsel for accused and the Crow Prosecutor ad-. ■ dressed the jury, and His Honor summed: up at length, pointing out that the que** tion for the jury was "who dropped thai kit?'" There was no doubt but that soma one had thrown it overboard, and that, it contained stolen goods. The only question was as to the identity of the person who committed the act. ~ j After deliberating for 25 minutes tl» jury returned with a verdict of "Not guilty," and the prisoner was at once di** • charged. , - FIREMEN BEFORE THE COUBT, CASE ADJOURNED FOR A WEEK.,,, Four fireman on the s.s, Waimana* John Lynch, Fred Adams, Richard MeKenzie, and Daniel John Carney, were brought before Mr. K. C. Cuttoa, S.M., in the Police Court yesterday, and charged that on or about February 21 they Si* from the vessel Waimana five roEs & cloth of the total value of £6 15s, »e. property of Messrs. House, Dalung, ana Chief-Detective Marsack stated thai on the night of February 21 a constable the accused coming from the wharf, lne? "were carrying four rolls of cloth, and as they were unable to account for it, th*3£ were arrested, and charged with stealing it. Later it was found that two cases on the Waimana had been broken open,, and that five rolls were missing. Edmund Pearce, second engineer on tea Waimana, gave evidence that it was possible for members of the crew to get as tie cargo during the voyage. Accused were then remanded for a weeK* ,