STOLEN CARGO.

Sun (Christchurch), Volume II, Issue 364, 10 April 1915, Page 4

STOLEN CARGO.

THE LYTTELTON CASES. THEFT FROM THE TAINUI. After The Sun went to press yesterday the hearing of the'Tainui theft cases was continued.

After the luncheon adjournment, Mr Cassidy called the accused Jones, who stated that he was a general dealer at Lyttelton, having lived there about 27 years. He knew Seott, having met him outside the Mitre one morning. He told him that he could perhaps do business on the boat, and also told him to ask for the boatswain's mate. Witness later went to the boat, but he had not sold any oysters. Scott offered to sell him a kerosene tin of fat, and witness said he would go on the boat again for it. He did not go. On the Thursday night Scott went up to witness's oyster cart, and after some conversation asked him if he could sell some oil and copper for him. Witness said he thought he could, and he was to buy the oil at 12/6 a drum and £2 10/- for the coppr rods. They took the stuff from the wharf by the boat at 11 o'clock, and witness's brother carted it to Grubb 's shed. Witness gave Scott no money that night, but on the next morning Scott came to him on his stand in the street, and witr ness gave him £9 7/6, and £1 for himself. They had several drinks. . Subsequently the oil was sold to Anderson, and the copper rods to Sinclair Bros. To the Chief Detective: Although he knew. nothing previously of Scott, he thought he was the bona fide owner of the goods. Seott told him the stuff was from the boat. He got 11 drums of oil from him and, knew nothing of the other drum at Eoehe's place. Eobt. Stannard Hempstalk,- in evid : ence, said that on the 25th ult. Jones told him he was going to get some stuff from a man on the Tainui, and they went down to the wharf together and got it. Witness sold the oil to Anderson and the rods to Sinclair Bros. He had no knowledge that the material was stolen..

Geo. Christopher Smith, a resident of Lyttelton for 42 years, and a J J?., said he had known the accused men for years, and could speak well of them, especially of Hempstalk, who was the support of his mother. Until this ease there was nothing known against them. Mr Cassidy submitted that in view of the good character given the accused, their story should be believed against the word of Scott.

Mr Bailey said that there was no doubt that the men were guilty of receiving goods knowing them to be stolen. There was a distinction between the two men, however, and Jones Avas the man that should be punished.

He was sentenced to three months' imprisonment, while Hempstalk was convicted and ordered to come up for sentence when called upon. CHARGES OP RECEIVING.

Kudolph Alex. Anderson and Jas. Rudolph Anderson were then charged with receiving 11 drums of oil, knowing them to have been dishonestly obtained.

Mr Hunt represented the accused, and entered a plea of not guilty. He'said he would admit Captain Patterson's evidence as before, but asked him what characters the accused had borne. Captain Patterson said that their characters had always been of the best, and they were in rather a big way of business.

Evidence was given to the effect that, the current wholesale price of raw oil is IS/9 per drum of five gallons. The previous witness, Norris, gave evidence as to the taking of the oil to Anderson's. It was taken one midday. Jas. Anderson was there, and helped* to carry the oil in. His father was not there.

Robert S. Hempstalk said that when he went to Anderson's he was asked if it was all right. He thought the reference was to the quality of the oil. The father was not present when the oil was delivered, and he handed down a cheque. Detective Carney said he met the older accuse*! in Norwich Quay between 0.30 and 10 o'clock on the night of the 24th. He said he was looking for a line of 12 drums of oil missing from the Taiimi, and asked if he had bought any. Anderson said he had not. On the 26th he went with Senior-Sergeant Ryan and Constable Thompson to Anderson's shop, and told the older accused that he knew that he had bought oil, and that he had a warrant to search the place. This he did, and he eventually found the oil in a loft above the accused's bedroom. Later the son came up, and said witness had made a find. It was hard luck, after so many years, to have this up against them. It was his fault that his father handled it. lie had put him on to it. The older accused was arrested, and after he had been before the court the younger met witness in the street, and asked if his father would get bail. He said that if they had admitted that they had the oil it would, have been all right, but

they had not thought such a thorough search would be made. He had suggested to his. father that the oil should be taken to the cellar at his house, but the latter had said, that that would be the first place at which search would be made'. In reply to Mr Hunt, witness said the accused bore excellent characters. The son was a lieutenant, in the Territorials. Senior-Sergeant Ryan also gave evidence. Constable Thompson said that on the morning of the 26th, when he was taking the older accused from the Police Court, accused said he had been "at this game" for 27 years, and that he had put up bigger jobs than this before. He added that it was hard luck that he should be caught.

Mr Hunt submitted that there waa no claim against the son. He .was living away from his father, and was working for a wage, and the goods were in no way under his control. In regard to the older accused, he was a Norwegian by birth, and had been in New Zealand for some 30 years. He was a respected man in the port, and was in affluent circumstances. If there was any benefit of the doubt to be allowed he hoped that it would be in accused's favour.. The question was not what happened after he had bought the oil. but whether he bought it believing it to be the property of the seller. Hempstalk and Jones were recognised dealers, to the younger accused. The oil was brought in openly by a publie carrier. It remained in the shop for some days. Then Anderson met Detective Carney in the street and denied having bought the oil. That'was wrong. He went home, and his sonf|jps there and his wife. They had a at the oil and found that the brands had been tampered with. Mrs Anderson gave the best advice when she ; said that he should go and tell the police, but he said he would not do that, and the result was the oil was concealed. .Up to the time of the lie to Detective Carney all had been above-board. The elder acciised, in evidence, said that he had been in Lyttelton for some 30 years, and had brought up a family there. The first he heard of the matter was Avhen Hempstalk came in and asked about the oil, saying he wanted 15/- a drum. Witness told his son to 'offer him 12/6, and later the deal was made, and witness passed a cheque down the stairs. . His son told him that Hempstalk was an honest dealer. On Wednesday night he met Detective Carney, who asked him if he had bought the oil. He told him he had not, and when he got home he told his son and his wife what had happened. His wife advised him to tell the police, but he said he would not, as lie had denied it before. He hardly thought he had told the constable that he had been at the game for 27 years. He meant that he had been at the sailmaking for 27 years. To Chief-Detective Bishop: He was very sorry that he had made the misstatements to Detective Carney. He did not remember Detective O 'Council going to him on one occasion about some canvas. All the explanation he had to make now was that he was sorry he had acted foolishly. y Jas. Rudolph Anderson said lie was a married man, 27 years of age, working with his father on a wage. He was a lieutenant in the territorials. He had never been in any trouble before. He' had gone to school with Hempstalk, and had known Jones ever since he could remember. Hempstalk first mentioned the oil in the street quite openly. His father did not see Hempstalk at all, and the oil Avas bought more than anything on his recommendation of Hempstalk. On the Wednesday night he saw his father, and they went to see the oil. They painted the top of the drums on account of the scratches on them. Witness had suggested concealment. He had said that if the police did come to look for the oil they would get into trouble just the same, and perhaps they would not find it. Mr Hunt put in various authorities on the point of law he had raised, and the case was adjourned till Wednesday. Bail was allowed as forinely. SCOTT SENTENCED. Thomas Wood Scott then appeared for sentence. Chief-Detective Bishop said that Scott had already been in gaol for three weeks. He had previously borne a good character, and he had assisted the police in the case. The Magistrate said he would take into consideration his previous good character and the fact that he had helped the police. He would bo sentenced to a further 14 days' imprisonment.