THEFT FROM MAN IN GAOL

Taranaki Daily News, 31 August 1933, Page 2

THEFT FROM MAN IN GAOL

SERIOUS VIEW OF THE OFFENCE. TROUSERS AND HAT TAKEN. Charged with the theft about June 23 of a pair of trousers and a hat valued at £3 0s 6d belonging to John G. Coulson, James B. Erskine appeared in the New Plymouth Court yesterday before .Mr. W. H. Woodward, S.M. After hearing the evidence, the magistrate said he intended to enter a conviction for theft and deferred sentence until he could hear the probation officer’s report this morning. Erskine was represented by Mr. A. A. Bennett and’pleaded not guilty, electing to be dealt with summarily. SeniorSergeant Turner conducted the prosecution. -

John G. Coulson, a prisoner at New Plymouth since May, stated that he had lived in a bach in Courtenay Street prior to imprisonment He had made arrangements for D’Arcy Candish to take his clothes to the gaol but when they arrived a hat and a pair of trousers were missing. Erskine had called at the bach before the trial and Coulson had given him an old pair of trousers. Coulson identified the trousers and hat produced and placed their value at £3 0s 6d. To Mr. Bennett, Coulson said he had pached with Erskine on several occasions and had always found him all right. Erskine had worn his hat on different occasions with Coulson’s permission; but never the trousers. It was just before his trial that Coulson had given Erskine the old trousers mentioned. Erskine had given him instruction in driving a delivery van but Coulson said he had not promised him the trousers for that tuition. QUESTION OF PERMISSION. D’Arcy Charles Candish, a labourer, said he had seen Erskine after the trial. He had been told that Coulson had given Erskine permission to take the hat and trousers and Candish had taken, the articles into, town for Erskine. He was relying entirely on his. memory regarding the conversation with Erskine, Candish told Mr. Bennett. However, he remembered the exact words of the conversation, although he had not made a note of it immediately afterwards. To the magistrate, Candish said Erskine had told him that he had made arrangements with Coulson to buy the articles in question. Leslie S. Candish, who said he was with his brother when he saw Erskine, corroborated the evidence regarding the conversation when the trousers and hat were mentioned. He did not remember the exact words used. He did not remember whether Erskine had said Coulson was selling or giving him the articles. He could not remember whether Erskine had said he had offered a price for them or not. Constable A. J. Mills detailed his interview with Erskine, who had stated that Coulson said he might give him a pair of trousers after the trial. Erskine said he asked Candish to request Coulson to put a price on the articles. To Mr. Bennett, Constable Mills said Erskine had been very frank and there was nothing in his conduct to suggest that he was lying. ERSKINE’S EVIDENCE. Mr. Bennett submitted that the charge should be dismissed after Erskine was examined- The evidence of the Candish brothers was unsatisfactory in several details. Erskine’s attitude was the same as that revealed in his statement to the police. There had been no surreptitious removal of another man’s property. Erskine’s open conduct was not usually to be found in a man who had committed a theft. In evidence, Erskine stated he was on relief work at New Plymouth. After instructing Coulson in the driving of a van, Erskine returned to the bach and in the course of conversation Coulson said he would either give or sell him the trousers after his trial. Until Candish had seen him, Erskine did not know what had become of Coulson’s clothes. Erskine told Candish what Coulson had said prior to the trial and asked him to bring the articles down; He instructed Candish to ask Coulson what he wanted for the hat and trousers. To Senior Sergeant Turner, Erskine Said he had been given the old trousers prior to the driving lessons. He denied that he told the Candish brothers he had been to the gaol and received Coulson’s permission. Leslie Candish was not with D’Arcy Candish when the latter called to see him on the first occasion the clothes ■wore mentioned. In reply to the magistrate, Erskine said he had the clothes for some weeks. The magistrate, in intimating his intention of convicting Erskine, said there were inconsistencies in his story which contradicted the evidence of Coulson and Candish. He could not believe Erskine. Mr.' Bennett said Erskine was a first offender and he submitted that a fine would meet the case. He asked for the suppression of Erskine’s name as he did not think the case a serious one. The magistrate did not. agree with that view and said he did not intend to suppress the name. Coulson was in gao, at the time and he could not look after his own property; such people had to be protected. He would ask for the prooation officer’s report before delivering his final judgment but Erskine would be convicted of the theft of the articles.