PETROL SYPHONED

Southland Times, Issue 22499, 8 December 1934, Page 4

PETROL SYPHONED

MAN CONVICTED IMPRISONMENT IMPOSED. A two-gallon tin of petrol and a long piece of rubber tubing were the principal exhibits in the Police Court yesterday afternoon when two charges of stealing petrol, which in one case belonged to a person unknown, were preferred against Henry Alexander Warden, aged 48. The accused was further charged with having been found intoxicated while in charge of a motor car. Senior-Sergeant D. J. Hewitt prosecuted, while Warden, who pleaded not guilty to all the charges (which were taken separately), was defended by Mr G. J. Reed. Cecilia Hynes, a Post Office employee, said that she usually parked her car in the Crescent. Looking out of the window on the afternoon of December 3 she saw the accused syphoning petrol from her tank. She went down and spoke to him and he said he had authority to take the petrol and thought it was the right car. To Mr Reed: He explained that it was an honest mistake and that a man named Adamson had told him to take the petrol. i Frank Robins, senior supervisor at the Post Office, whose attention was drawn by the previous witness to the accused syphoning the petrol by means I of a rubber tubing, said Warden had | stated to him that he was authorized |

by Adamson to take the petrol from the car next to his own. He put it back when witness spoke to him about the matter. ■fo Mr Reed: He said he had done a

job for Adamson who had given him permission to take the petrol. He said he had forgotten to take the number of Adamson’s car. Mr Reed said that the accused’s explanation was a somewhat reasonable one. He had been driving his car that morning and came upon a motorist who had met with trouble. Warden assisted to fix up the car and the motorist, in thanks, told the accused he could take some petrol from his car later in the day. If Warden was taking the petrol dishonestly, counsel emphasized, it would have been the height of foolishness to have syphoned it, without right, in broad daylight when there would be many people about. The accused, in evidence, mentioned his having assisted a motorist in trouble. The motorist was grateful, but said he had no money on him. He, however, told witness to take a couple of gallons of petrol from his car in the Crescent later in the day. Witness saw several cars, but the one he interfered with was the only one of a make similar to that owned by the motorist in question. Cross-examined by the senior-ser-geant, witness denied that Adamson existed only in his imagination. He always carried the rubber tubing to fill his car when he had trouble with his vacuum tank. He had not been syphoning for many weeks, nor was he aware that the police had been watching him, with suspicion, for some time. The Magistrate: I am not prepared to accept such a story as that given by the accused without corroboration; proceed with the other charge, seniorsergeant. Constable Christiansen gave evidence that he kept a certain truck under close observation on the night of December

3. Warden approached it on three occasions. There was a two-gallon empty tin which the accused took down Clyde street to the back of the Southland Bowling Club. There was a motor car there, but the petrol cap was locked on. Witness followed him and when Warden reached his own truck again he had the tin full of petrol. He said he had obtained the petrol from a certain service station.

To Mr Reed: The closest witness got to the accused when following him was 75 yards, but he did not let him out of his sight. Warden appeared to notice witness following him. Alfred Graham, a garage assistant, denied selling a two-gallon tin of petrol to the accused on the night in question. Mr Reed said he submitted with some confidence that the charge must be dismissed, as the onus rested on the prosecution and it had failed to show the petrol in the tin had been stolen. The intoxication in charge of a car charge was then proceeded with.

Constable Broomfield said that when arrested Warden smelt of drink and was unsteady and slow on his feet. In witness’s opinion, Warden was unfit to drive the car.

Corroborative evidence was given by Constable Christiansen, who said Warden had considerable difficulty in getting the car into gear. Witness, from his observations, considered the accused was unfit to be in charge of the car. To Mr Reed: Dr. Barclay was called as soon as Warden was taken to the Police Station.

Sergeant Abel said that in his opinion Warden was not fit to drive a car when he reached the station. Dr. Barclay arrived about half an hour later. The doctor said he was fit to drive a car.

To Mr Reed: Dr. Jennings came round a quarter of an hour later. Mr Reed submitted that the evid ence did not show Warden was in a state of intoxication while in charge of the car and counsel asked that the case should be dismissed.

Dr. David Jennings, called by the defence, said that when he examined Warden his condition did not suggest that he was under the influence of alcohol,, nor did the tests disclose any such influence.

To the senior-sergeant: It was possible to detect a very faint smell of liquor upon the accused. The Magistrate said that he must enter a conviction on the first charge and he thought a prima facie case had been established in respect to the second.

Giving evidence on that charge, the accused said that being short of petrol he went to a garage, but found it shut. He then took a two-gallon tin and obtained petrol from a service station in Tay street. He paid for the petrol. ■ “I propose to dismiss the intoxication charge, but the other two are cases of audacious thefts,” said the Magistrate. After haying been handed accused’s record, his Worship sentenced him to three months’ imprisonment on each sentences to be cumulative. Thiy sort of thing cannot be tolerated for one moment—this going round behind private cars, syphoning petrol and then inventing cock-and-bull stories ” added his Worship. ’