ELEMENT OF DOUBT

Poverty Bay Herald, Volume LV, Issue 17144, 28 December 1929, Page 6

ELEMENT OF DOUBT

INFORMATIONS DISMISSED ALLEGED CAR CONVERSION Remarking Hint Iho circumstances were very suspicions, but Unit, there was an element of doiibl , ,oT which I lie accused would receive I lie benefit, Messrs. ('. Blackburn and Phil Pike, J.’sP., in tlie Police (’ourt this morning dismissed charges of converting a car preferred against George Edwards, 2!), and Edward Kennedy, 20. The accused p]eadod not guilty to a charge of unlawfully converting fo their own use last night a car valued at £SOO belonging to rlePelicliot, McLeod, and Co. Senior-Sergeant W ado prosecuted, and Mr. S. V. Beaufov Appeared for the accused. James Frederick .Teutie stated that at about 8.80 o’clock last night he saw tivo cars parked on either side of Bright street, and noticed a man get .into one of them, the lights of the car being switched on and off a moment later. Two men then got out of the car, and crossing the road, climbed into the other. One lighted a match, and attempted to start the car, the starter being in motion for between five and .10 minutes. To Mr. Beaufov, witness said lie could identify the accused as the men who were in the car. Corroborative evidence was given by William Y. Piesse and Robert Kit'kUCSS. Constable Birch slated that while walking along Bright street at about 8.40 p.m. he saw the two accused getting out of a ear. Edwards said the car belonged to friends of his named Ashworth, who had gone to the pictures about: 20 miiiutes before, and that lie had conic up. to Gisborne from Hastings with them that day. He said it was Ids friends’ car, and .that he would have taken if away for a ride if tiic key had been in the lock. Edwards also admitted to witness that they had. been in the car on the other side of the road, and liad consumed a bottle of beer there. There was not the slightest resemblance between'the two cars. He had been unable toGirid any trace of people named Ashwfnfh, and Edwards had been unable to help liiiii in that respect. INTERVIEW WITH POLICE.

Sergeant Mclntyre stated that, lie interviewed the accused when they wore sitting in ;i Hupmobilo car, and Edwards acted ah spokesman, Kennedy remaining silent. Edwards said the car belonged to Mr. Ashworth, who was at the pictures nearby, and that Mr. Ashworth would, not mind them sitting in it, though he did not know, they were there. Ho stated also that he had come up from Hastings with them that day, and had driven the car part of tho journey. Witnessed asked him what they were doing -in the car on the other side of the street, arid Edwards said they had mistaken it for Ashworth’s car, and that they had entered it to drink a bottle of beer. After further questions, Edwards admitted that he had not made that mistake, but that they bad entered the other car merely to drink the beer. ‘Tlis story was so plausible that I believed it, and moved away,” continued witness. He returned a moment later, however, and the accused then pretended to discover that it was riot Ashworth’s car, and that it was a Hupmobilo, Mid not a Stndebaker. Witness arrested Edwards, and took him to file police station, where lie made a. statement similar lo the story ho told in the car. He stated that no attempt had Imii made to start the car. When they got out of the car Kennedy slipped away, but wa.s arrested later. Both men wore sober when they readied the'station. . Edwards was an expert driver, and ho should have known immediately that the car they were sitting in was riot a Stndebaker. lie said lie had missed the 4 p.m. bus to Tokomaru Bay, and that lie had not arranged for any accommodation in Gisborne. Formal evidence was given by Percy A. Pettit, the driver of the car in question. ACCUSED’S EXPLANATION. % Mr. Bearifoy said Edwards bad made a genuine mistake, thinking Mr. Pettit’s car was tlie one in which he came to Gisborne from Hastings. Ife would submit that there was no case iol* Kennedy to answer, for lie got into the ear with Edwards in all innocence, and there was no evidence to show that he intended to convert the ear to his own use.

In evidence, Edwards, who stated that lie had been driving cars for 14 years, explained .that he arrived from Hastings with Mr. Ashworth at 1.30 p.m. in a Stndebaker car, having met Mr. Ashworth in Hustings and been ottered a lift to Gisborne.» Later that evening witness saw Mr. Ash worth and tlie lady who had been with him oil the journey, and thoy said they were going to the pictures. Witness walked (lowa tho street, and returned later With. Kennedy, and they got into the first ear only to have a drink. He made a genuine mistake in thinking that the second car they entered Avas Mr. Ashworth’s. The Bench : You have been driving for 14 years, and you did not know one car from another? The accused: I had had a few.drinks. I should have noticed the difference, but I didn’t. You heard the other witnesses say that you attempted to start the ear?— That is absolutely wrong. Tho senior-sergeant: You wanted to go to Tokomaru Bay? Edwards: I intended to go this morning, having missed tlie bus yesterday afternoon. Yori would liavo, gone in. Mr. Pettit’s car?—l would not. You know all makes of car's?—Yes. , Kennedy deposed that he met Edwards, with whom lie first became acquainted about a. fortnight ago, at about 1 p.m. yesterday, and they remained in ,an . hotel until 6 p.m. Later, he met Edwards again, and the latter invited him into tlie car to have a drink. Edwards then said ; “Here’s my pal’s car,” and they went across the road and got into it. To the bench, witness said they had had about 20 drinks during the afternoon. Edwards said nothing about going for a ride in the car. Witness could not drive a car himself. To the senior-sergeant, witness said he had not heard tho starter being used. The bench (to Edwards): What money had you when you were arrested? Edwards: Nothing. r How did you propose to pay your bus fare to Tokomaru Bay.—l was going to get a job there. “The circumstances are very suspicious so far as Edwards is concerned,” said the Bench, “but Kennedy will bo discharged. There is nothing very serious in doing what be did. So far as Edwards is concerned, too, there is ail element of doubt-, and wo are inclined to give Him the benefit'of it. However, we commend the police on their action in arresting the accused in the circumstances.” The informations were dismissed.

The §um of ±!2O was obtained for the Children’s Creche as a result of the street collection on Christmas Eve.