THEFT CHARGE HEARD TO-DAY IS DISMISSED

Star (Christchurch), Issue 19070, 15 May 1930, Page 7

THEFT CHARGE HEARD TO-DAY IS DISMISSED

CONSIDER YOURSELF VERY LUCKY,” SAYS S.M.

Kieran Daniel Whelan, a commercial traveller, aged 41 years, a native of Tasmania, was charged in the Magistrate’s Court this morning, before Mr E. D. Mosley, S.M., that on May 5 he stole a watch valued at 10s, the property of E. J. Hyams, Ltd.

The accused pleaded not guilty, and after hearing the evidence the Magistrate dismissed the case.

Senior-Sergeant O’Grady said that Whelan was formerly employed as a traveller by Hyams, Ltd., and although he was now with another firm he had been in the habit of visiting Hyams’ premises when in Christchurch and doing some of his work there. On the day of the charge, Whelan was on the premises doing some work of his own and he asked the girl for the loan of some gloy. She went out of the room to get it. Three days later the firm took stock, and goods to the value of £2l 18s were missed. Whelan was interviewed in the matter and produced a watch. He stated that he had taken it from the showroom but had intended to pay for it. This he had not done, although he had had every opportunity to do so prior to being interviewed. Mr K. M. Gresson, for the accused, submitted that Whelan used the premises as of right and no suspicion -was attached to his presence there. There was the fact, however, that Whelan had not told the girl in the office, in the absence of the manager, that he had taken the watch. The reason for this, however, was that he had to see the manager in person to discount. He took the watch to a jeweller to get something done to it. The Magistrate said that it was obvious that Whelan had no legal justification for taking the watch. “It may be,” he said, “that he intended to tell the manager about it, but he should have taken the first opportunity of telling the manager or the girl. There is not the slightest excuse for a man appropriating goods like that. If he is foolish enough at his age and with his experience to do this, he has got to pay for it. A man of his knowledge should be the last man in the world to do a thing like this. There is not a semblance of an excuse for it. I can come to no other conclusion than that at the time he knew he was doing an unlawful act. It is no use his saying that he intended to pay for it. If he did not know, he should have known. If the truth were known, this man was probably drinking more than he should and was hardly aware of the consequences of his act.” Mr Gresson said that he would like to call evidence as to Whelan's good character.

Walter Herrick, secretary of the Canterbury Commercial Travellers’ and Warehousemen’s Association, gave evidence that Whelan had had an unblemished record.

The Magistrate said that he placed every reliance on Mr Herrick’s evidence. “If we were not in court I would like to tell accused some very straight things. Probably his counsel will tell him. I do not want to put a black mark against you (accused) but consider yourself very lucky. The case will be dismissed.”