GUY FAWKES DAY THEFT

Poverty Bay Herald, Volume LX, Issue 18262, 4 December 1933, Page 3

GUY FAWKES DAY THEFT

CHARGE OF RECEIVING YOUNG MAN FINED £2 As a sequel to a recent conviction for theft, a young man, William Thomas Underdown, appeared before Mr. E. L. Walton, S.M., in the Police Court this morning on charges of receiving and of aiding and abetting. The accused was charged with receiving from Dan Taukamo on November 5 part, of three bottles of wine belonging to William Gleye, knowing the wine 4o have been stolen, and with aiding and abetting Taukamo in the theft of tlie wine. Mr. E. V. Beaufoy appeared for the accused,, who pleaded not guilty to both charges.

Evidence of the theft of the wine was given by William Henry Gleye, who stated that oil November 5 the accused came to his place and said that a Maori wanted some wine. Witness refused to supply him, and Underwood then asked to be shown round the vineyard, saying that lie wanted to buy some grapes. Witness was thus taken out of sight of the cellar where the wine was kept. No arrangement was made in regard to the grapes, and when witness returned to the house lie saw that the door of the cellar had been broken open. The taj) of the wine cask was still running, and on slipping round the house witness saw a Maori getting through the fence carrying a tin. Witness followed and took the number of the car which the Maori got into. Cross-examined by Mr. Beaufoy, the witness stated that Underdown had previously visited his place, and had taken a keen interest in the growing of the vines.

Dan Taukamo stated that on November 5 Underdown told him he might get a drink at Gleye’s place. Underdown went in. but later came out and said that there was nothing doing. Witness then went in and broke open the door of the cellar and stole the wine. Afterwards he gave Underdown a lift in the car, and gave hint a drink of the wine. He did not tell Underdown that the wine was stolen.

To Mr. Beaufoy tlie witness stated that lie had made no arrangement with Underdown for the latter to assist him in stealing the wine, and Underdown knew nothing about it. S. Milner, a Maori, who was the driver of the ear, stated that he saw Taukamo come out from the vineyard with three bottles of wine, and when they picked Underdown up some distance along the road, Underdown had a drink of wine.

Constable Allan, of Patutalii, gave evidence of having obtained statements from the accused. Mr. Beaufoy submitted that the charge of aiding and abetting must be dismissed, and the magistrate agreed that there was no evidence of aiding and abetting. Concerning tlie other charge, Mr. Beaufoy submitted that there was no evidence of receiving, but the magistrate pointed out that on the accused’s own statement after Glove had told him that the Maoris had broken into his cellar and stolen his wine he had accepted a drink of wine.

Mr. Beaufoy intimated that he would call no evidence, <iml appealed for leniency, submitting that the offence called for only a very light penalty. The magistrate, imposed a fine of £2 and costs £1 16s. Tlie accused was allowed one month in which to pay the fine.