ALLEGED THEFT OF HORSE AND TRAP.

Colonist, Volume III, Issue 12723, 15 December 1909, Page 4 (Supplement)

ALLEGED THEFT OF HORSE AND TRAP.

A young man named Albert Charles Weingott was then- charged with the theft, on 28th Juno last, of a horse. trap, and harness, the property 01. Messrs Newman Bros. '.-■■- Air C. Y. Fell (Crown Prosecutor) appeared for the Crown, and Mr A. T. Maginnity 'for the accused. The following jury was empanelled :„ Messrs AA". Coudel., A. Hogarth, J. Scott, A. F. Sponccr. G. Harper, L. Sheathcr, E. Hale, WVAlcConcriie, F. B. Gaze, A.M. Harltrop, J. F. Hall, and G. A. Mace. Mr J. Soott wan cUbßcn. as foreman. Three jurymen were challenged by the Crown Prosecutor, and three by counsel for the accused. Air Fell thou ..outlined the case for the prostcutuiii, and s called the follow•ing evidence. John Kay, a groom, formerly in the employ of Newman Bros., Nelson, stated that on 28th June accused Has at the stables about 9 o'clock, and asked what the charge woiv.d be for ■fchehire of a horse to goto Richmond. Accused was informed that the charge "would be 10s. Accused was expected back that night. The next' time he saw the accur/d wrj, in the Alagistrate's Court, ihe horse was returned about a fortnight afterwards. Cross-examined by Air Alaginnity: Accused did not aslv/ Idm how much ■ a day the Charge 'would be. . Albert V". Collimdre, manager at Newman Bros, stables, deposed that during the . fortnight the horse was away no, letter was received at the stables from accused. Henry Newman, coach proprietor, deposed that on 3rd July ho was driv- • ing from Murchison to Kohatu, when he mc!; the accrped about a mile and a half from the Hope Saddle. Accused was driving a turn-out belonging to witness, a ..turn-out valued at '£6o. He was en the- look-out for the horse, and trap, and recognised it at once. Accused said he had 'written .to Nelson ■•■ asking for the use of the. trap for anofcher week. Witness told accused to return the trap to Nelson.""; By Mr Alaginnity : ': He did riot tell accused that he was the owner of the . -trap. They had stabiles at Reefton, but did not hirer out horses or traps there. Constable. Fitzsimmons stated that ' when he saw accused about the horse and trap at Kohatu, on- July 2nd, he said has name was Charles; Johnson.. . -Witness.- told him that Newman Bros, were anxious about- the horse and -trap, and accused said' he -would riaturn :tt next day. ;._ " : • '.' ■'.. .//..- By Air Alaginnity: Accused made : no attempt to mislead-Kim except in - regard.te his naine. ',;■ Sergeant Black, of Reefton, deposed that at Capleston on July sth he saw accused, who gave his name as ' Jones. Accused told witness that he had written to the stables asking for permission to keep the trap* another week.. He arrested: tho accusedyVand on searching accused's effects found a number of letters arid cards.: with < the name "A. C. "Weingott." Accused ' said tho portmanteauarid contents be- ] longed to a_ friend who -Hived in Auck- < land. Accused subsequently admit-

ted that they belonged to him anxT i.iat his name was Weingott. - By Mr Maginnity : Accused told him t'l i-lir* way from Capies£on to Reef ton that lie would taue proceedings against ii'ewninn fcrotr/iis. Air Maginnity said he did not propose .to eaii .any .evidence for the defarcoe. ...V . laginuity, in addressing the „i.;-,., u<.-iJ:nitti.-a. ihas the prosecution -.i;;e; V.tiL-a io will one tittle of cviJ/ncfc to show any intention . of- conversion to his own use on. -the part of the accused. He pointed out .to the jury that a necessary essential to constitute the offence- of theft was am intention on the part of the accused to doprive the owner permanently of the. property. Mr Maginnity" said that the' story of the accused to tlie various police officers was consistent throughout, and he thought they might accept. the statement that the accused n ad written to Newman Bros asking ror an extension of time for the.rc-i.--;ji. aitls horse and trap. He point- .. -J ..-rtc t!u ;.->ry that in the absence '-.> . to Trce-t.is :-.. essential to constitute the eiiiiic-. ji theft it would be •..usaie- for the •: . .o convict. — To put:J:e eate for the accused on the_ low-est-grounds the jury must have a subr soaritia. doubt as to his guilt and they ;r.ust therefore. give .the accused tlie benefit, of thatdoubt and acquit him. hi summing up His Honour said the •- :. ■ .': '■;<> .-atisficd beyond all rea- .-. ■ . .-!/ ■••■-.• d://, '.:i.:i- : cctiied intended .'..' .":.':■:. ;-;:.-;;■;.../;;' ot >ue norse and. i / './. -v.- ":'e:-::\ eit the:;: to his own use. I v i:--. "juo.w.! : ■Jii-.i d that there wat, •.•... /.,/./:i: : ..Wucn as to whether : ac-/ ■. -.;. ...-:; ih:k the iusrse and trap, with ..;,/ object- of selling them' .when op-' . :;/'!-t.ui',i'.y offered,- then the accused "'U'nut have the hc-.iie.fit of the doubt. !.;>.?, ik-r.our laid special stress on the. ciioumstances indicating a false pretence at the time of the hiring of thehorse and trap, and tainting the - whole.transaction with a criminal complexion. _ .-.'•. The jury retired at 3 o'clock and re- : turned at 4.20 p.m.," when the fore-' man stated that the jury were in. doubt as to accused's intentions. His Honour said that that was equivalent to a verdict of not guilty. The: jury were quite right in giving the. accused the. benefit. . - '-' In discharging the accused His Hon- . i our said that the. jury had given the accused the benefit of a very grave • doubt. . • -.-;":