HONOR VINDICATED

NZ Truth, Issue 1305, 18 December 1930, Page 5

HONOR VINDICATED

BY JUDGE

CONVICTION, FOR THEFT OF RADIO EQUIPMENT, QUASHED

HE HAD BORROWED FROM A FRIEND

(From "N.Z. Truth's" Special Duiiedin Representative.) Convicted by Mr. W. H. Bundle, S.M., m September of stealing a radio-amplification kit valued at eighteen . guineas, Morris Newsham West appealed to the Supreme Court and was successful. Quashing the conviction, Mr. Justice Kennedy said that it could; nbt Safely he coii eluded from the whole of the evidence that West's testimony was false or that it appeared beyond doubt that he had any wrongful intent.

AS the appeal Avas on general grounds, said Mr. C. J. L. White, counsel for West, it took the form of •X fresh trial, ancl counsel produced two new Avitnesses, Avhose evidence AA _ ent a long Avay tOAvards exonerating West. . ' • ! The oAvner of the goods, Hugh Carroll, an audio-engineer as he described himself, said he was employed by an electrical firm, Strang and Stone, and m his spare time, Avas installing "talkie" apparatus m the MaeAndreAV Bay Hall. On a Wednesday night, he left his gear, including the articles aftenvards missing, an electrical pick-up, three valves and a spring motor, m the projection box, Avhich overhung the main hall. The door could easily be opened, and Avhen he Avent back on the Friday, the goods had gone. That day he heard something about his loss, and put the matter m the

Carroll would require them on Sunday. That closed the case for the prosecution, Mr. Adams having mentioned m opening that the Crown's contention Avas that West intended to keep the goods and not return them. Mr.- White put West into the wit-ness-box. ,He said he had known Carroll for tA\'o years) and had seen him some dozens of times as Carroll Avas m the ljabit of calling on a friend of his m the exchange, and they had also met m the street. He considered they Avere friend's. West then described -lioav he took the goods, and declared he made no attempt to smuggle them out of the hall but carried them openly and placed ,them on the floor of his car. He took them, presuming on his friendship AA'ith Carroll. He, described his oavii apparatus at home and said his oavii motor lacked a governor. He could* not get the pick-up to work and therefore took it to Michie to get it tested. He had no intention of taking the gear Avhen he Avent to the hall that night and, indeed, thought he would see. Carroll there. In cross-examination, West reiterated he Avas more than a casual acquaintance of Carroll, and said the sole reason he/borrowed. the apparatus was to test his own by it. Re-examined, West said he put the apparatus on' the floor of the back seat of his car and tAvo persons were sitting there during the drive home. Leonard Wilfred O'Loughnan, one of the new. witnesses called by Mr. White, said he was doorkeeper at the dance hall m question, and saw West leave the hall with a disc under his arm, partially obscured by a coat. West Avas not attempting to hide the disc. O'Loughnan added that the first he kneAV of the case AA'as -Avheri he read about it m the papers, and he then told- West' that he had seen him. Evidence that he. had seen West climbing dOAvn from the operating- box .was given by Eric Charles. Fouhtain, Avho Avas at the dance, and Avho also only learnt of the affair through the papers. He said he volunteered to give his evidence, but had not told the police. West's father. James Newsham West, said he alloAved his son 10/- a Aveek and his clothes m addition to the salary the boy Avas getting, and he Avas prepared to buy him apparatus for his hobby as he considered it Avas a useful one. After reserving his decision for tAvo days, his Honor, m a lengthy judgment, said the only suspicious matters m the case Avere West's statement to the police, that he did not desire Fitzpatrick to see him 1 with the gear, and the- letter he wrote to Carroll which admittedly contained some false statements. On the other hand West did not try to conceal the gear m any way, and it was difficult to believe he * would have taken the pick-up to Michie if he intended keeping it. "There was a doubt,", continued Mi*. Justice Kennedy, "as to the extent of the acquaintanceship betAveen West and Carroll, but it was certainly more tjian casual, and I consider West presumed on this to remove the equipment for a short time to test his OAvn machine, On. careful consideration of the evidence I am confirmed m my impression that notwithstanding the considerable suspicion arising from the tAvo matters referred to, it could not safely be concluded from the Avhole of the evidence that West's testimony was false or that it appeared beyond doubt he had any- Avrongful intent., The appeal is therefore allowed, and the conviction is quashed."