DEFENCE TO THEFT CHARGE

Taranaki Daily News, 23 July 1931, Page 12

DEFENCE TO THEFT CHARGE

WAS WRONG TYRE RECEIVED?

MOTORIST LOSES 'SPARE WHEEL,

MAGISTRATE RESERVES DECISION.

.The defence that the wrong tyre liad been returned to him from the retreading agency was preferred by Harold William Mayeuberg yesterday when lie was charged before Air. R. W. Tate, SAL, at New Plymouth with the theft, on or about Mdrch 30, 1931, of a tyre ami tube valued at £5 13s 6d, the property of Fred A. Hooker. The magistrate said he would give his decision this morning. Gerald A. McQuaig, farm-band, Kina Road, said that about December 20 his father traded-in to Newton King Ltd. a 4-eylindef touring car for a new car. The old car had five disc wheels fitted With Fort Dunlop tyres, four of which word in good condition; the fifth, or spare one, was well-worn. The tyres were purchased in Opunake. Witness was present when the new car was delivered and the old one taken away. There were then five wheels and tyres with the old ear.

To Air. A. A. Bennett (for the defence):' They did not keep records of the numbers, on the tyres used during the four years they had the old car. James McKinley, Opunake, from whom the tyres were purchased, identified the tyro produced by its number. Fred A. Hooker, New Plymouth, said he bought a second-hand Dodge car front Newton King Ltd. on December 24, 1929. On the night of Alarch 30, 1931, the car wils in his garage. Attached were five disc wheels with Dunlop tyres; these were practically new, except for the oiie on the spate wheel. Next morning, about 8.30, he drove to the town. On arrival at the office he found the spare tyre and disc wheel were missing. Going straight home to investigate, he found that the four nuts that had fastened the wheel to the car were lying on tile ground in the shed. Three of the tyres had been retreaded. TYRE FOUND ON GAR. Shortly afterwards he saw a car standing in Devon Street near the Catholic Church with similar Wheels to his. He found his tyro on the car; he knew it as the retreaded tyre he had handled oh his own car. There were only four or five cars in New Plymouth like his. To Air. Bennett: .The tyre produced was one he had retreaded about Christ-mas-time. Charles K. Scott, foreman for the Paramount Tyre Service, New Plymouth, said Mayeuberg had brought Jus Dodge car to his shop in August, 1930, to have the Goodyear tyres retreaded. About November he coinplained abdtit the ietread wearing and had it re-done. About February last lie brought in another Goodyear tyre for retreading. Hooker had had two Fort Durilops retreaded. The tyre produced Waß similar in every respect to a tyre sent ill by Hooker. At the present time His firm was the only one in New Zealand doing that type of reti'eading. He could not recollect having retreaded a Fort Dun-, lop for Mayenberg; nor, to tile best of his knowledge, had he sold Mayenberg such a tyre. , To Air. Bennett: He thought the retreaded tyre was bought by Mayenbeig for the Max Well car ■ and not for the Dodge; lie would not dispute with Mayeiiberg if he said otherwise. During the course of work on the tyre the tag attached on receipt of the tyre would be removed and attached to the mould. At other times there would be no identification mark inside the tyre. Oliver Scott, in partnership with the ptevioUS witness, gave evidence regarding' Mayehberg’S and Hooker’s transactions with the Paramount Tyre Service. The firm had on one oecasiori lent Mayenberg a Roy r al Cord tyre, he said. SEARCH BY THE POLICE. Detective Kearney said that on June 9 he and Sergeant McGregor went to accused’s house with a search wananti On the right-hand rear wheel of his car was the tyre produced. Mayenberg said he did not know where he Had got the Fort Dunlop tyre. It was the first time he knew it was on his car. As far as he knew his tyres were Goodyears and one Firestone. At the station he made a statement in which he said he got the tyre from the Paramount Service, where he had had tyres IBtfeaded. Tie denied having touched Hooker’s car. A search by .the police failed to disclose the missing disc wheel. MayCilbcrg lived ill Gttiiie Street, not far from Hooker’s. To Air. Bennett: The search was thorough. Alayertberg did riot know the police were going to pay him a visit. Opening liis case, Mr. Beiinett silid it Wils known that a disc and tyre were stolen from Hooker’s ear, that _ AlcKiuJey sold the tyre to McQuaig in April, 1929, and that this tyre was found on Mrs. Mayenberg.s car. But it was not known what happened to the tyre during the intervening period of two years. Scott brothers knew the work oil the tyre was theirs but could not identify the tyre as the property of any particular person. Counsel admitted it Was obvious that the tyre produced was the ohe sold to McQuaig. Probably it had belonged to Hooker, but there whs nothing to connect Mayenbetg with the theft. There was a gap Übtween April, 1929, and June, 1931. There were no suspicious circumstances and Mayenberg had not been seen in the vicinity Of Hookers car. It was a question whether the mere fact that the tyre waß originally bought by McQuaig would be sufficient to enable Hooker to recover civilly from the man who had been found in possession of it recently. ■There were three possible reasonable explanations—(l) filler it had been substituted innocently at some time when being retreaded at the Pal’iliiiount feeivice; (2) that the real thief, if the tyre were on Hooker’s rini on the night bt March 30, wanted a tyre but, being afraid to use it, substituted it for a tyre on Alaycnberg’S car; or (3) that the culprit wanted the disc billy, and nut the tyre oii Maycnbetg’s car in order to clear himself of blame by throwing the blame on another person. The evidence for the Crown did not preclude aiiy of these explanations. Mrs. Ellen Alayertberg, wife f accused, said that at the end oi March they were living with her thcr > Harvey. The week-end before Easter they and others went in her cal‘\ to Owlianga. They returned to New J lyniouth on the Sunday evening. On the Monday night, March 30, there was a card piirty at Harvey’s, she baiid plavirig front about i.oO till iu o’clock. Then they had supper and went to bed at 11, or 11.30. Her husband was With her all the time. H would not have been possible for him tu get out of bed and dress, at night without wrtking her. . To Detective Mciklejohti: She did not think the chi- had ever stood outside the butcher’s shop all night. Her husband sometimes went into the couiitiy and staved the night on a farm. George W. Harvey, brother of Mrs. Mayenberg, corrobated the evidence abS the card party on the Monday evening and about his brother-in-law hot

htivifig left the house. Next morning Witness rose at 6 o’clock tb go to Owlianga. His father and mother wel'e aWay at this time. Kemieth F. Main, sheet metal worker, deposed to his having played cards at the Hkrvey’s pldce oh thfi night of the Monday befofb Easter. Similar evidence was given by Kenneth Hatvey. Harold Mayenberg, fitter, said he had not interfered with Hooker’s car on any occasion. He confirmed tlie evidence about What took place oh the Monday night. Neither that night nbr the next morning hail he left Harvey's premises, eXcept to go into the shop. To Detective Meiklejohn: He occasionally did relief or casual Work. He did not work when staying at his father-in-law’s place. He himself botight the benzine for his car. He could practically swear the car was not but of the shed on the Monday; he hiiglit have used it on the Tuesday, though he did not think so. The car had been used very little. For tyres, etc., he dealt with the Paramount Service. He had told Detective Kearney that the tyre in question was one that had been retreaded by the Paramount Service; that was the only way ho could account for his being in possession of it. He had thought all the tyres on tlie car- were Goodyears. To Mr. Bennett: The expenses of the trip to Owlianga were shared by the others in the car.

•To the magistrate: The only way he could suggest that the tyre had been found on his car was that the wrong one had been delivered from the Paramount Tyre Service.