“HONEST MISTAKE”

Poverty Bay Herald, Volume LV, Issue 17408, 5 November 1930, Page 8

“HONEST MISTAKE”

USED TIMBER PICKED UP THEFT CHARGES PAIL “In my opinion the defendants acted honestly, if foolishly, and took the timber in 'the honest belief that it was of no value,” said Mr P. IL Harper, S'.i\L, in the Police Court this morning in dismissing charges of theft against three men, whoso names were suppressed. The men pleaded not guilty to- (charges of stealing on September 8 at Whungara a quantity of timber valued at 30s, belonging to the Government. Mr. J. S. Want'hop appeared on behalf of one of tho defendants, and Mr. K. A. Woodward on behalf of the other two. Leslio McNamavJ. a lorry driver, stated that he was at Whangara when the three defendants arrived with a lorry. There was* a quantity of culvert timber oh the lorry, and this was recognised as belonging to tho Government, and tho defendants were told to take it back.

To Mr. Wauchop witness stated that the timber was well-used, and the defendants said they thought it was old and useless stuff, and had picked it up. They were told that it was not, and another lorry driver said ho would take it hack for them next morning, hut tho defendants said that if they had taken it wrongly they would return it to the place whence they had taken it, and did so. No attempt had been made to conceal the timber on the lorry. Onlerd Ashworth, who had carted the timber, stated that it., was good quality totaru, and did not look like llro\Vood. Witness left the timber at; the culvert at about 5.30 p.m. lie was staying at the Whangara hotel, and later in the evening ho saw a lorry at the petrol pump. The timber which he had (carted to tlie culvert was on the truck, and witness asked the. driver where tie was taking the timber. Tho driver said tie had picked it up from the side of the road, and was taking it to Gisborne i'oi firewood. Witness told him whom it belonged to, and the driver said he was sorry, and would take it back. Witness said ho would tako it hack tho following morning, but the defendants took it hack along the road for about half a mile, and left it there. In reply to Mr. Wauchop witness stated that the defendants were, quite honest about the matter.

Edgar Jeukinson, P.W.D. draughtsman, gave evidence of the timber having been sent, up the Coast to repair a broken culvert. It was sound second-hand timber out of an old culvert. Sergeant C'ulloty stated that he interviewed the defendants on September 11, and the driver of the lorry stnted that he had seen some timber by the roadside; thinking it, belonged to ho one, ho put it, on Ihe lorry for firewood. When they were told that the timber was to be, used, they took it, back. Mr. Wauchop submitted that nothing had been done that could point vci the slightest intent to deprive anyone of tho timber. Tho first ingredient of theft was intent to deprive the rightful owner of the property. The defendants had put the timber openly on the floor of tho lorry, and had made no attempt whatever to conceal it. At Whangara they pulled up under a bright light, and when told that- the timber was wanted, the driver said he was sorry, and had thought it was disused. Ashworth said he would take it back, but the driver said he Was sorry, and that if they had taken it wrongly they would tako it back. There was no evidence whatever of intent-. It was all used timber, and tho - evidence was that it was mixed with timber that was no good. An honest mistake was made by honest men, who did not want to put anyone to trouble. There was absolutely no evidence of (heft against anyone of the three;

Mr. YVoodwnrd concurred entirely with Mr. YVauchop's remarks. There was absolutely no intent or motive for theft, and no attempt at concealment. Senior-Sergeant YVade suggested that defendants did not expect to meet anyone oh the,road .who would recognise tho timber. The fact that the, timber was lying beside a broken culvert should have indicated to thtfm that it. was required for repairs. Tho magistrate said that in liis opinion tho defendants honestly, if foolishly, took the timber in the honest belief that it was of no value. That was borne out by the fact that no attempt was made to eonoenl it; they had pulled up under a lamp, and had not attempted to conceal the timber under the other material in the lorry. The prosecution had failed to show that the defendants had been guilty of any intent to deprive the owner of the property, and the worst that could bn. said was that they had been guilty of a foolish act in taking timber from the roadside that might have been of use. They acted staightforwardly ill the matter,"and tho informations must bo dismissed.

After hearing applications by counsel, the magistrate said it .was unusual to grant suppression of the names when the charges had been dismissed, but in this case there were special circumstances and the applications would bo granted.