STOLEN TOBACCO.

Taranaki Daily News, 15 September 1919, Page 6

STOLEN TOBACCO.

FARMER FOUND GUILT? OP RECEIVING SAME. i Masterton, Sept. 10. A case in which considerable interest is being taken throughout the district was heard at the Supreme Court to-day, ivhen Charles Hall, farmer, of Nireaha, was charged with breaking and entering the premises of A. H. Herbert and Co, Ltd., of Eketahuna, on January 18, 1919, and that lie did steal tobacco and 12s in coppers, to the total value of £l9 ss; also that the said Charles Hall did receive the aforesaid, knowing the same to have been dishonestly obtained. •The Grand Jury brought in a true bill on the third count. Accused pleaded not guilty.

F. Hercock, manager for Herbert and Co., and T. Barclay, accountant, gave evidence as to' the premises having been broken into and as to a quantity of tobacco and cigarettes and a bag containing ten shillings odd having been stolen. Constable Eade, of Eketahuna, Said that on August S he executed a warrant upon accused at his garage in Eketahuna, which was about three chains from Herbert's store. Witness told accused that •tie intended to search the premises, and if he had the tobacco he had better say so. Accused replied: "I have the tobacco, but not the quantity you state in the warrant." He said the tobacco was up in the loft of the garage. The tobacco was in a sack, and he went up and got it. They took the sack to the office of the garage, and witness counted the contents in the presence of accused. When asked where he had got. the tobacco, accused said: "I got it from Toxward before he went away," and further said, "I did not ask him where he got it, but I had a good idea, as I had heard about: the robbery." He said he had taken the tobacco in payment for a debt, and also showed witness some tools he had• got from Toxward. He said that was all the tobacco he had got from Tofcward, except a few tins of "Derby" he had smoked. Witness then arretted accused. Witness had seen, accused practically every day from February, but up till the day he was arrested accused had never mentioned the tobacco. Will Edward Toxward, a carpenter, at present residing in the Palmerstpn North district, said that he had-never supplied the tobacco produced to HalL Witness bad never had such a quantity of tobacco as that produced in his possession. It was absolutely incorrect to say that he bad given Hall the tobacco, This was the case for the Crown. THE DEFENCS.

Charles Hall, the accused, said that on Saturday, January 18, when th« robbery occurred, he left his house at Nireaha in the afternoon and did not return till Monday, so that during the hours the robbery must have taken place he was eight or nine miles away from Eketahuna. He heard of the robbery when he returned to Eket&huna. Toxward owed him £lO for motor hire and money lent.

His Honor (Sir Robert Stout): When did Toxward have the trips in your car? Hall: Ido not know. I did not keep any entry in a book. His Honor: Do you mean to say you ran a business and did not keep a book? Very well. Hall, continuing, said that he was at Toxward's whare, and later Toxward said he would give him tobacco in part payment for the debt. Toxward put the tobacco in a sack, and they carried it up to the garage. Witness asked Toxward where he had got the tobacco, but Toxward replied: "Never mind\where I got it." The tobacco was put up lit the loft. His Honor: You had heard of the tobacco robbery before this. Hall: Yes. , His Honor: And did you not think it strange that Toxward had such a large quantity of tobacco in his possession ? Hall: Well, I did. Mr. O'Leary (accused's solicitor): You did not know that the tobacco had been stolen ? Hall: No, I did not. Replying to Mr. Burridge (Crown prosecutor), Hall said he bad never sold Toxward a bottle of whisky. When Toxward gave him the tobacco witness thought it was rather. suspicious he should have such a large quantity of tobacco. He received the tobacco from Toxward about three weeks after the robbery. Mr. Burridge: WhR r*'»" t first strike you, Mr. Hall, that, t „„ Macco was the property of Herbert and Co.t Hall: It has sot struck me yet that it is. His Honor: But, Mr. Hall, did you not swear in the Lower Court that it struck you that the tobacco was the property of Herbert and Co., and yet you took it? Hall: I did not say that. His Honor: But we have the evidence here signed by you, and the statement is contained there. I The evidence taken in the Lower Court was produced with Hall's statement, and accused then said he did not remember having made the statement. He admitted having signed a copy of the evidence. Mr. O'Leary said he would not call further evidence. Counsel then addressed the jury. , . MORE FOOL THAN CRIMINAL. ' His. Honor, summing up, was strongly against the accused. After a retirement of twenty minutes, the jury returned with a verdict of guilty with a, recommendation for leniency. His Honor said he would pay attention to the recommendation of the jury. Mr. O'Leary submitted that Hall had been more of a fool than a criminal, and he hoped his Honor would not send accused to gaol. He submitted that a fine would meet the case. His Honor said he agreed with Mr., O'Leary. He would not send accused to prison, but would fine him £2OO. If the fine were not paid within a fortnight accused would be imprisoned for nine months.