CASE DISMISSED.

Star (Christchurch), Volume LXIV, Issue 939, 8 December 1933, Page 8

CASE DISMISSED.

Charge Against Master of Foxton. COOK FAINTS IN BOX. A charge of theft against Albert George Baggett, 52 years of age, master of the motor vessel Foxton, was dismissed by Mr E. D. Mosley, S.M., in the Magistrate’s Court this morning. The charge was one of stealing £5. the property of Robert M’Gregor, the providore-cook of the ship, while at Lyttelton yesterday. Captain Baggett stated that he had taken the money from M’Gregor’s pocket to prevent his drinking as he had held up the ship i on several occasions. Defendant, who was represented by Mr Twyneham, pleaded not guilty. Sub-Inspector Edwards said that it was alleged that in the early hours of yesterday morning Captain Baggett went to complainant’s cabin and was seen to pick up complainant’s trousers and take some money from the pocket. The captain admitted that he had been there and gave his reasons. M’Gregor, in evidence, gave further details. The captain was dressed in his pyjamas and went to the cabin at 5.30 a m. Captain’s Explanation. What explanation did he give you when you called him?” asked the SubInspector. '* He said I would spend it foolishly and that he would look after it for me,” said M’Gregor. Witness added that the captain had given the money back to him. The money, a five pound note, was thrown on the bunk and witness did not know what had happened to it. There were other notes and some silver in the pockets of his trousers but they were not touched. To Mr Twyneham, M’Gregor said that he had been on the Foxton for three months. He was dismissed from his previous ship for being absent without leave. “And being drunk?” asked counsel, a question that was not answered. M’Gregor said that the morning of the day before the incident he went ashore to see the butcher and other people. “ Had a Few Drinks.” “And did you go anywhere else?” asked counsel. “ Naturally I had a few drinks,” said witness. And came back late for dinneer? I may have been a little late. You went away without clearing up afterwards?—Yes. And naturally had a few drinks? Yes. Do you remember coming back at five o’clock and iying down among the pots and pans?—No, and no one else remembers it either. There is no room to lie down, for one thing. What did you do in the evening? I came to town. Yes, and got back to the ship at 1.30, drunk?—l don’t know what time. Well, how many drinks did you have that day? M’Gregor fainted in the witness-box and had to be assisted from the box by two constables. Previously he had shown signs of strain. 1-Ie was able to resume his evidence a little later, and Mr Twyneham resumed his crossexamination. Holding Up the Boat. I suppose you admit you drank heavily that night?—l had a few drinks. You were drunk all day yesterday? —Yes, I had a few yesterday. You remember a day in Dunedin recently holding up the boat for an hour? —Yes. Have veu held up the boat before? —Yes, I have. Turned up in a taxi at the last minute, dr,unk? —Yes. M’Gregor admitted that the ship was to sail at eleven o’clock that day and it was important that the vessel catch the tide at Foxton. The captain told him he would look after the money for him. Captain’s Statement. Constable C-. A. Jackwavs produced a statement by Captain Baggett in which he complained that M’Gregor had been continuously drinking for some time and the captain was sick of it. There was also the fact that M’Gregor was not working properly. The captain had taken a £5 note from the man’s pocket as he thought that was all the money M’Gregor had. Fie did not know there was more. Fie went into M’Gregor’s cabin after he had heard the alarm clock ringing for some time. Mr Twyneham said that Captain Baggett had been twenty-five years in the merchant service, without a blemish on his character. He had been on the Foxton for two and a half years and enjoyed the utmost confidence of his employers. It was unbelievable that he would stoop to such a contemptible theft of the nature suggested, such as only the lowest of the low would do—steal from a drunken man. The consequences would be serious for his client if he were convicted and in that case he might as well tear up his ticket. If he had wanted to steal the money he could have done it any time during the night without waiting for M’Gregor’s alarm to ring. Racecourse Incident. The captain had once taken £55 from one of his crew on the racecourse. The man was very drunk at the time and no one was more surprised later on than the man himself when it was returned to him to learn that he had even had the money in his possession. The captain thought that the £5 was all the money M’Gregor had. He did one silly thing and that was to offer to reimburse M’Gregor for other money which M’Gregor said he had lost. In evidence Captain Baggett said that M’Gregor had returned to the ship very drunk that morning. “He fell down the stairs to start with, and took a long time to find the keyhole.” said witness. He added that he took the money to see if he could keep M'Gregor out of the hotels so that the ship would get away on time. It was very important that the ship should leave on time. Joseph E. Tibbie, labour foreman, and Cecil Crombie. acting-manager of the Canterbury Steam Shipping Co., the owners of the Foxton, also gave evidence. The Magistrate, in dismissing the case, said he thought Captain Baggett had been rather indiscreet. If he had to take such a course again the Magistrate thought it might be done in the presence of someone else. “ I am perfectly satisfied,” he said, “ that he did not intend to steal the money.”

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