THEFT OF GRAMOPHONE.

New Zealand Herald, Volume LXVI, Issue 20341, 23 August 1929, Page 14

THEFT OF GRAMOPHONE.

HUSBAND ROBS FORMER WIFE POLICE AND COUNSEL DIFFER. There was a short difference of opinion between the police and counsel in tho Police Court yesterday, when the case of John James Mullharnpy, aged 45, a labourer, was called. Accused, who was represented by Mr. Noble, was charged with breaking and entering the dwelling of Rose Edith Belch, at Glen Eden, on August 9, and stealing a gramophone and records, valued at £29 10s.

Chief-Detective Hammond asked that the charge should be reduced to one of theft.

Electing summary jurisdiction, Mr. Noble entered a plea of not guilty for accused.

Protesting that Mr. Noble had informed him that ho would plead guilty, and that accordingly no witnesses had been called, Mr. Hammond said he would riot agrco to the reduction of the charge and would ask for a remand until next Thursday.

Mr. Noble denied that he had given any undertaking, adding that accused admitted having taken the gramophone, but the circumstances of tho case would show that he had a right to it. However, ho would now change his pica. Continuing counsel stated accused had been divorced from his wife for two years. Ho had made payments on a gramophone which she had in her possession. After inquiring from the dealers whether bis wife was keeping up the payments and finding that she was not, ho completed tho payment outstanding and considered that tho machine was then his.

This explanation was contradicted by the chief detective, who said that accused, who was living at Newton, went to his former wifo's homo at Glen Eden and burst in the back door. ''Tho wifo bought- the machtno in her name and all the payments were, made in her name," said Mi. Hammond. "She purchased it after tho divorce and accused had no right to it. Ho has never boon in trouble over dishonesty before, and is a hardworking man." The magistrate, Mr. F. K. Hunt, fined Mullhampy 112, ordering him to pay the costs of tho prosecution, 10s.