THREE PAIRS OF SOCKS.

New Zealand Herald, Volume LXIV, Issue 19736, 8 September 1927, Page 15

THREE PAIRS OF SOCKS.

" FINDINGS NOT KEEPINGS." A BUSINESS MAN'S ERROR. "Findings keepings," the .adage of childhood, and the law do not agree. This a well-known Gisborne business man, who .found a parcel containing three pairs of men's silk socks on his way home one night about six months ago, and when no one advertised for the goods, wore a pair, found out to his cost last week. He ' was charged before Mr. E C- Lewey, S.M., with the theft of three pairs of silk socks valued at 19s 6d. the property of Lionel Clyde RhodesHe denied the charge. On the night of February 26, according to the police, a representative of a silk socks firm lost a parcel containing three pairs of socks from his car. The socks were of a particular brand and texture, and the previous day he had identified the socks worn by defendant as being a pair of those he had lost. A constable had interviewed the defendant, who declared at first he had boueht the socks at. a store that he named, but when Mr. Rhodes came forward he said, "W 7 ell, I will tell you the truth: I found them on the side of the road." »

The defendant, in evidence, stated on the night in question he saw a white object on the road. Dismounting from his bicycle he picked up a box, the contents of which fell out on the road. He informed his wife of the find on returning homo, and she then warned him about keeping the goods. He put the socks away, and meantime watched the papers to see if anyone advertised for the parcel, it being his intention to "return the socks to the claimant. As no one claimed the goods through the press, when the weather became warmer he wore one pair of the socks he found for a couple of days Defendant added: "When the constable interviewed me, inquiring about the socks, 1 told him a story that was untrue, which I very much regret. ■ I thought that if I declared 1 found the socks 1 would not be believed." He said he had no intention of retaining the socks had anyone claimed them The excellent character of defendant, which was admitted by the police, was testified to by a number of witnesses "The case is a difficult and painful one," remarked the magistrate, "and it instances the difficulty we are faced with in acting innocently in the ordinary course ot our everyday life." It was human nature on finding a thing to obey the childish adage, "findings keepings." but the law did not regard the adage from the viewpoint of the child A person finding property on the road or elsewhere should hand it to the police, and within a reasonable time, if no one claimed the article, he understood it was the custom of the police to hand it back to the finder. Unfortunately for the defendant, he did not do this, though in all probability he acted innocently in retaining the goods The defendant no doubt had suffered sufficient punishment mentally and physically by the jarring of being found out, and he considered the ends of justice would bo met, by dismissing the case. On the application of counsel the magistrate ordered the suppression of defendant's name.