THEFT.

Timaru Herald, Volume CXXXVII, Issue 19835, 26 June 1934, Page 3

THEFT.

At the Magistrate’s Court yesterday morning, before Messrs F. Nash and C. Coventr3% J.’sP., Ben Gemmell, aged 20, appeared, charged with that on June 21 at Waimate he did steal an overcoat valued at £4/10, the property of Dominic Keyes. Mr G. R. Watters appeared for accused and pleaded not guilty. Sergeant D. Murray said that on the date in question the representatives of the South Canterbury and Waimate Football Unions attended a dinner held in the Waimate Hotel. Coats were hung in the passage leading to the dining room, and the accused was seen in the passage. The missing overcoat was later found in possession of the accused who claimed it to be his own. Dominic Keyes said that he had hung his overcoat in the passage shortly after 6 p.m., and on returning at 7.45 p.m., it was missing. He would identify the coat produced as his property. To Mr Watters: The coat rack was full at the time, some pegs carrying two coats. It was possible that a coat could be taken by mistake. The passage was not well lit. Constable F. Black said that at 11 a.m. on Sunday he had interviewed accused in a swagger’s shack on the Main South Road. When questioned about the overcoat accused stated he had bought it in Timaru some months ago. To MrWatters: Accused appeared in a normal condition when arrested, and when taken to the police station had said he did not desire to make a statement. Mr Watters said he had only been instructed a few minutes previously, and from accused’s statement it appeared that he was more than a little drunk at the time of the occurrence and that he took the overcoat by mistake. Counsel would contend that a person taking a coat under the circumstances was not guilty of actual theft. Sergeant Murray stated that it was not usual for a person visiting the hotel to have a drink to hang his overcoat up in the passage. Mr Watters then placed accused in the box, and Gemmell’s statement was to the effect that when going to get dinner at the hotel he hung his coat in the passage, but tickets were being taken at the door of the dining room and he was told that footballers only were admitted. After tea he was motored to a send-off at Waituna, and did not have an opportunity to inquire about the coat before he was questioned by the police. He was very drunk the time the coat was taken. After leaving the hotel he had tea at the fishshop. Accused then detailed his later movements. Sergeant Murray: If you were as drunk as you make out, how is it you can account for every detail throughout the evening? Accused: They came back to my mind later. Further questioned by Sergeant Murray, Gemmell at first stoutly denied that he had been convicted of the theft of a coat on a previous occasion, but later admitted the fact and also that he had been convicted for the theft of money. The Bench convicted accused and sentenced him to one month’s imprisonment.