CONVERSION AND THEFT

Taranaki Daily News, 26 September 1933, Page 5

CONVERSION AND THEFT

CAR TAKEN FROM ELTHAM MARRIED MAN PLEADS GUILTY. The recovery of a motor-car in King Street, New Plymouth, after it had been removed from Eltham led to the appearance of Henry Lewis Brennan before Mr. W. H. Woodward, S.M., at New Plymouth . yesterday, charged with unlawful conversion of a car valued at £lOO belonging to Andrew Chrystal, and the theft of two gallons of benzine worth 4s. Brennan pleaded guilty and sentence was postponed till this morning. Detective Meiklejohn explained that at about 1 o’clock on Saturday morning Chrystal missed his car from the Mountain Road, where he had parked it earlier in the evening. On Saturday afternoon the car was found in King Street, New Plymouth. On inquiries by Constable Townsend it was discovered that Brennan had been at Eltham on Friday night and that he left later for New Plymouth. On Saturday morning he was seen by Constable Stanton about the matter but he denied the theft of the car. However he admitted having been at Eltham, but said he had been given a ride home. He could not say who the person was who gave him the ride, nor could he describe the person or the car. He used to be a car salesman and he admitted he had been drinking at Eltham on Friday night. Dealing with the theft of the benzine the detective said that in consequence of representations made by automobile associations throughout the country for an increase in the penalty for the wrongful conversion of motor-cars, instructions had been issued by the Commissioner of Police that in all such cases a charge should be laid in respect of the theft of the benzine in the car and a charge if any damage was done to a car. Brennan had a long list of previous convictions, all arising out of drink. This class of offence, while not prevalent recently at New Plymouth, was generally

prevalent in the Dominion, and was becoming serious. Mr. A. A. Bennett said Brennan was a married man, 41 years of age. On Friday he went to Eltham in an attempt to collect some money owing to him. He became acquainted with a man with whom he went to a dance at night. He made endeavours to get a lift home to New Plymouth', but without success, and he and the other man commenced to walk to Stratford, where the acquaintance boarded. Brennan thought he would be able to get accommodation there. It was while walking along the road that they saw the car and Brennan looked to see if it had the key in it, and finding that it had he fell into the temptation to take the car, and drove it to New Plymouth, leaving it in King Street, where it could be easily traced. No damage was done to the car.

Brennan had not come to the court and tried to mislead it by some perjured statement or explanation, counsel pointed out. It appeared that his convictions all arose through drink, but this was the first occasion he had been involved in a case of dishonesty. As to the theft of the benzine, counsel stressed the fact that that charge arose out of the same set of circumstances, and submitted that, while in no way quarrelling with the • view of the Commissioner of Police or his instructions, it seemed scarcely necessary to have convictions entered on two charges that really were out of the same circumstaces.. A man did not carry a supply of benzine about with him and had there been no benzine in the car he could not have unlawfully converted it. What the legislature evidently intended was that a man should be compensated for any damage to his car or benzine used under such circumstances. In England the charges was usually one of theft of a car and of benzine, or in the alternative of unlawfully converting the car. He submitted that a conviction on the charge of converting the car should be sufficient in this case. The man already had a good list of convictions and he desired that that should not be unnecessarily aggravated. Apart from drink he was a good husband and

a good worker, and he asked for such leniency as the court could extend to him.

In reply to the magistrate Mr. Bennett said it was Brennan’s intention to go to Wellington, where he had a brother who thought he could assist him to get work.

Mr. Woodward feared that if Brennan went to Wellington similar trouble might arise. He had committed breaches of the law relating to drink since April. The man was not without some good in him, but drink had got him into serious trouble. He did not think Brennan was a thief by nature, but if this sort of thing went on he would soon become one. Hie magistrate said he would postpone sentence until this morning, as the case was one that required more than ordinary consideration. This class of offence was undoubtedly increasing and he did not know quite what to do. He wanted to give Brennan a chance if he could, though he did not know if that would be possible. In the meantime Brennan would be remanded in custody.