SALE OF A GUITAR

Taranaki Daily News, 7 November 1935, Page 6

SALE OF A GUITAR

ALLEGATION OF THEFT FOLLOWS. MAGISTRATE DELAYS JUDGMENT. The train of events that followed the loan of a steel guitar two years ago, culminating in the sale of the instrument at an auction mart at Stratford recently, led to the Police Court yesterday, where a married relief worker of Stratford, whose name was suppressed, was charged with theft of the guitar, valued at £5 ss, the property of Ewart W. Butt. In view of the peculiar circumstances of the case Mr. W. H. Woodward, S.M., suspended judgment to give the accused an opportunity of making restitution. The circumstances, said Sergeant C. M. Anniss, were that two years ago Butt lent a guitar to the accused, who despite frequent promises failed to return it. In February, 1934, Butt received injuries in a motor accident and had been in hospital practically ever since. Recently he approached the police and on being interviewed accused said he had sold the guitar in an auction mart and received 15s for it that he had put to his own use. Butt gave evidence on the lines of the sergeant’s explanation. He had not seen the guitar since, though 'he had often asked the accused for its return. On one occasion he told Butt that he could get the guitar from a boardinghouse but when he saw a Miss Keegan at the boardinghouse she told him that there was no guitar there apart from one which belonged to a relative. He had never given the accused permission to dispose of the guitar. In answer to Mr. S. Macalister Butt said accused had the guitar for perhaps six months before Butt left Stratford. Eric N. Owen, clerk at Newton King's auction mart, said accused handed the guitar in to be sold and received 15s for it. On September 10 he interviewed uc~ cused, stated Constable W. Hughes. Accused made a statement in which he said he told Butt he could get the guitar at the boardinghouse. When he found that Butt had not taken the guitar and then heard Butt was hurt in a motor accident, he did not know where to find Butt and retained the guitar till he sold it. Constable Hughes said the guitar was bought by a second-hand dealer and resold to a person whom the dealer could not remember. Accused said in evidence that while he was at the boardinghouse a number of those in the house formed a small orchestra for their amusement. Butt told him that if he could sell the guitar he could have any balance over the £1 that Butt wanted. It was not sold and when Butt asked for it witness told him to go to the boardinghouse. Later witness heard from Miss Keegan that she had not given it to Butt because she was not sure of his identity. Witness then told her that if Butt returned he was to have the guitar. Since the inquiries about the question he offered Butt 15s and then £l. The magistrate: Where is Miss Keegan?—They have all gone to Inglewood to live. They,were coming but the arrangement fell through. There was not sufficient evidence to show intent of theft, said Mr. Macalister, who asked that the charge be dismissed or that opportunity be given to call Miss Keegan. The magistrate agreed that the circumstances were not those found in the usual case of theft, but the fact remained that Butt’s authority was to sell the guitar for £l. After that authority was given Butt asked several times for the guitar and those requests indicated that Butt had revoked the authority. The most favourable view he could take was that the guitar was sold without authority and he would take that view if accused would make restitution of the value of the guitar which Mr. Owen said was worth £1 10s, perhaps £2. Butt’s original motive was to get the value of the guitar; the police rightly took the matter up as theft. He would therefore suspend judgment for restitution of £1 15s to be made. Costs amounted to £3 14s 6d, bringing the total, with the fine, to £5 9s 6d. As the accused is a relief worker he was given five months in which to pay. His name was suppressed.