SILVER THEFT

New Zealand Herald, Volume LXX, Issue 21564, 8 August 1933, Page 6

SILVER THEFT

THE WANGANUI CASE TWO MORE MEN GUILTY lIYMAN AND GLOVER JURY'S RECOMMENDATION REMANDED EOR SENTENCE [I)Y TELEGRAM —PRESS ASSOCIATION! WANGANUI, Monday Two men, Joseph Hyman, solicitor's clerk, and Hugh Glover, taxi-driver, both of Auckland, wore found guilty by a jury in the Supreme Court to-day of the theft at Wanganui of £Bl3 worth of silver from William Toomey, also of Auckland. The jury added a rider strongly recommending leniency for Glover on account of his weak intellect and the fact that he had been led by Hyman, a man of stronger intellect. '

Tho jury also commended the very humane action of Detective-Sergeant Doyle, of Auckland, .-in looking after Glover's wife and family while Glover was in hospital. Evidence, on the lines of that given in the lower Court was given by several witnesses, the two principal ones being William Toomey and John Ralph Penny, taxi-driver, of Auckland. Penny is at present undergoing a sentence of 18 months' imprisonment for the theft of the same money. Evidence given in the lower Court, showed that Toomey had hired Penny's taxi at Auckland tp take him with the silver to Wellington. At Wanganui Penny and Toomey went to a restaurant for a meal, leaving the car with the silver in it in three bags. When they returned the car was gone. It was later recovered and the silver was eventually found on the roadside.Submissions by Crown Addressing the jury the Crown Prosecutor, Mr. Bain, said that Hyman knew that Penny was taking Toomey to Wellington with the silver. With the knowledge Hyman and Glover possessed they followed the taxi from Auckland to Wanganui. They had been identified by Penny during the journey, while Penny had left a key in the car at Wanganui with the door open, all by arrangement with Hyman so that the money could be stolen. Glover had been identified twice in Wanganui and twice at Hawera, continued counsel, and when the money could not be found, Penny, on getting ,to Te Kuiti, rang Hyman at Auckland. Hyman would do nothing until he had got in touch with Glover. Mr. Bain submitted that the Crown had discharged its full onus in proving the guilt of the accused . " only Crass Stupidity " Having pointed out that the case was one of the most extraordinary to be tried in a criminal court in New Zealand, Mr. V. Willis, who appeared for Glover, said it would be idle for him to suggest that Hyman and Glover had not made the trip to Wanganui and back to Auckland, but the fact that the trip was made did not implicate Glover in the way suggested by the Crown. Penny, whojiad been sentenced, had given evidence that was not unfavourable to Glover, and counsel considered that the Crown should rely on a stronger witness to prove Glover's guilt. Mr. Willis contended that Glover had been guilty of nothing more or less than crass stupidity, and consummate folly. It would probably have been better had he been more open with tho detectives. He had become a victim of circumstances. Glover had been, and still was, a sick man. He could be regarded only as a tool in the hands of men of greater intelligence, and who had not hesitated to use him to suit their own ends.

Mr. J. Hussev, representing Hyman, said that a lot had been made of the key incident, but evidence on that point was of one or two accomplices against Hvman. Penny, he contended, was prejudiced against Hyman and had been determined to see that Glover was assisted, but not Hyman. The scheme, he claimed, had been formed between" the two taxi-drivers. Hyman's Movements

Penny, continued Mr. Hussey, had been biased in giving his evidence. Hyman had been quite open wherever he had gone and had always announced whom he was during the trip to Wanganui. Glover had admitted that at New Plymouth Hyman had left him for half an hour. While at Wanganui he had told Glover to have some tea. Glover had said he did not want any and had walked to the top of a rise. It was 5.30 o'clock when Hyman had left and 7.45 o'clock when ho had returned. Hyman had taken the blue taxi with him and if he had been away all that time it was quite clear that he had not taken Penny's taxi, because he was not there to take it. Glover, on the other hand, had been seen by the blue taxi and later he had been seeu examining Penny's taxi. During the time Hyman was away Glover could have removed Penny's taxi quite comfortably and buried the silver. There had never been a suggestion that the silver had been in Hyman's possession. When Hyman reached Auckland ho was rung up from To Kuiti by Penny, whom he arranged to meet at an ofiico in Auckland, for he wanted to .see that the proper course was followed and that the information was conveyed to Toome.v's solicitor. Glover had known where the silver was, but Hyman had not. There was no doubt that, if ho could, Glover would have gone through with Penny 1,0 Wanganui on June 10 to get tlio money. Counsel claimed that Hyman had been placed in an unfortunate position by the action of the other two men and that he was not to blame. Judge's Summing-up

His Honqr, in summing-up, said tho act of theft was committed as soon as the car was moved with the intention of stealing its contents. Tho information which reached Toome.v's solicitor apparently came from Hyman, but it did not follow because of that that lie had not stolen the money. Whether he intended to steal the money depended on his intention at tho moment the money was taken, not what his intention was afterward when he found the police were on his track. Whether either of tho men intended to steal the money could be judged only by their intention at tho time tho money was taken, and was it likely that anyone would drive some 400 miles to Wanganui and take the money with the intention of restoring it again to Toomey ? • In connection with tho evidence against Hyman, it had been stated by Detective Walsh that ho had been rung up bv Hyman, who said that lie had come down from Auckland to give himself up, that he would give no trouble and that the case would not be defended. ".If that is not an admission of guilt, I don't know what is," said His Honor.

After the jury had returned its verdict the two prisoners were remanded until .Wednesday morning, foe sentence-