A BORROWED SAW

New Zealand Herald, Volume LXX, Issue 21554, 27 July 1933, Page 12

A BORROWED SAW

CHARGE OF THEFT FOLLOWS j JURY FAILS TO AGREE The alleged theft two years ago of a circular saw and saw bench, valued nt £5, was the subject of a Supreme Court trial before Mr. Justice Herdman yesterday. Tho accused was an elderly Dalmatian, George Klinac (Mr. Field), and he was alleged to have stolen tho saw and bench from Georgo Bishop at Waipapa on July 6, 1931. Georgo Bishop, builder, of Kcrikeri, Bay of Islands, said be had lent a saw and saw bench between two and threo years ago to Tony Klinac, a son of accused. When some timo later ho could not get the saw back, and found that Tony Klinac had left the district, be put tho matter in the hands of the police. Ho had not got tho saw back L *i yet. Tony Klinac said he borrowed a saw from Bishop and took it to his father's place at Waipapa. He did not sell it or toll anyone they could havo it. Henry Robert Leslie, farmer, said lie had bought tho saw from accused. Later, Klinac came and wanted to buy it back, saying ho had had some trouble about it. Witness offered to sell it back for what he gave for it, but heard no more about it Constable F. L. Ryan gavo evidence of several statements he had taken from accused, in one of which ho said the saw had been so long on his property that ho regarded it as his and sold it. Mr. Field said tho defence was that accused honestly believed that tlio saw had been bought by his son. Accflsed, giving evidence, said ho had discussed with his son buying a circular saw, and his son afterward brought ono homo from Bishop. Later, his son went away and left no address. Witness concluded the saw was his and sold it. When ho realised that Bishop might not-havo been paid for it ho went and offered to pay for it or get Bishop a new ono, but Bishop said the matter was in the hands of tho police. He had given Bishop £5 through another Dalmatian for tho saw. His Honor said thero was abundant evidence to justify the conclusion that Klinac had been guilty of theft. The jury failed to agree and leave was granted tho Crown for a new trial.