Supreme Court

Wanganui Chronicle, Volume XXXXVII, Issue 11746, 24 September 1902, Page 2

Supreme Court

(Befk>i« His Honor Mr. Justice Edwards.)

TUESDAY, SEPTEMBER 23

The Court resumed .at 10 o'clock this morning. ALLEGED THEFT OF FURNITURE.

Andrew Mathison was charged with stealing en the sth of August a cuantity of furniture and tools from George Fulford, at Wa-ituoa West.

Accused; who was defended by Mr. Skerrett, pleaded not guilty. The following jury was empanelled: — Messrs. S. Wall (foreman), R. W. Green, F. J. Denton, Thomas Drummond, W. P. Morton, S. Dobbs, j. Donald, H. M. Corrigan, J. Gray, C. Buckley, S. Carrol, and U. Morse.

The Crown Prosecutor (Mr. S. T. Fitzherbert) briefly oart) lined the ca;.se for the pi'osecution, amd stated that the main facts were not in dispute.

George Fulford, collector, said that early in the year lie and .the abused were m the employ of the same firm at Wait.una. Wiitiaess •was living im a house that he rented from Messrs. Ransom, and when witDefes left accused took the house. Had a quantity of household furniture, which he left in. charge of accused. The arrangement was that .accused should have the lisa of the furniture, until witness! settled in ChristJchurch and wrote for it. He was to forward it to the address _wit-nes-s posted to him. A list of artiolies wa,s drawn up- before witne&si left, for submission to Mrs. Mathisoi, nrd any she might approve of accused would take at the price mentioned in the list the money for satno to be forwarded in May. (List produced.) The list did not include all of the furniture. With the exception of the option referred to, nothing was said about any slate. After writing to., the accused, witr-.ess received two boxes and a case containing clothing principally. The first letter witness wrote was about three weeks after he arrived in Christchurch, and was to the effect that he ihadl secured a house and wanted the.furniture. Wrote subsequent letters', and received one letter from accused asking if he could have the bedstead and mattress. Keplied that he would sell at a certain; price, but did not receive a reply to that letter nor did he get any letter fircm accused after that date. Wrote again and aaid if he did not receive the furniture he would have to make vome other arrangements. The outcome of the letter was that a WBishsfond, dressing table, and carpet wero forwarded .to witness. .The-carpet was mentioned in the list under offer to Mk. Mathison. In consequence of something witness heard he communicated with the police, which resulted in accused being arrested. Accused came to witness's house at Christchurch on the foilowirg Sunday after the charge had been laid, and asked him to withdraw the case, saying he was very sorry for what had taken place and that if witness wuuld only give him another chance he woudl; make everything right. Asked him what he meant by "making everything right," and he-.said he would return tlis furniture to Lytte'.ton at. his^ own expense, or pay witness's fare to Feildirag so that ho could get the furniture. Aouused said the goods had been sold to Cooper, with whom he had an; understanding that he coral d get them back-if he chose. Told him the case was entirely out of liis (witness?s) hands, and in the hands ol the polipe, whereupon he again asked witness to withdraw the case. Accused added that he could nob vHts.-c me goods as the case was set do-.rn for the following Friday. Told him that jf ■ anything could be done he would let him know. Witness's Avife was present during the conversation. Gave to the police a list if the good's not forwarded to him. Went, up to Feilding, and saw Ms furnitura in the custody of the police. The goods corresponded, with a few exceptions, with the articles lost. Gave no instructions to accmied as to the sale of Ms furniture, and lie had no authority to sell it. Asked one or- two persons, at Waituna to buy portions of the furniture, and would have been glad to have disposed of it. V»i*ued tihe articles the subjeot of the charge at £16. Understood they were actually sold for £11 16s. Cro'B-examined by Mr. Skerrett: Ask*d for a holiday when at Waituna to enable him to go to Ohristchurch. The heyday was refused and witness left the following morning, after .getting a repty from his "employer. Witness's wife was "at Christchurch, where a relation of witness'a was to be maimed. Asked accused to buy the furniture, artd he replied that he was not in a -position to buy. Then told accused he could have the use of the furniture until such time as lie •(witness) •sent for it. They then made out a list of. furniture which *he (accused) could purchase if Mrs. Mathison approved. Accused said he had to get his wife from the West Coast, and probably accused said that under the circumstances he would not be able to pay for some time. Might have offered to sell the duchess table and wasteland to accused for £8. Offered the goods to a Mr. Doyte and a Mr. Humphhies, but did not mention; the price. Did not; recollect offering the bed and bedding for £4. A price was fixed for a number of articles called sundries—£l ss. Left Waituna with a portmanteau, and some articles of clothing for himself and children were- specially mentioned among the things ha asked to be sent down. They were sent down in two boxes and a caise, and then a washstand and duchess table were forwarded. The sewing ma'liine had no case, and the duchess table ' tquired packing. Possibly wrote a letter to accused, asking (him; to either return the goodls or the money. Accused went to Christiohurch about the 17th of August and interviewed witness. Got two or possibly ihree letters from accused, but did not l&ep them. Told accused that had he written to witness he would not have laid the information. Accused asked witness to withdraw the charge, and give him time and he would pay the price. He told witness tiliat he had; lest his biliet. Did not insist, that the amount should be paid at once, but did nay that ho would tiy and withdraw the charge if tho goods were returned to Lyttelton or if witness got them at Feilding. The list was referred to ait the interview, accused asking witness if he had a copy of it. Received the sewing machine on the kDtn ci August. Met Mr. Cooper at Feilding, and said that if the ,good>i had been returned be would have been veay glad to get out of the case. Andrew Mathison, .the accused, stated that he was a clerk. On the night before Good Friday knew that Fulford1 was leaving Waituna.. Went down w Tith Fulford 1 ■■) 3)is house. Told him that he coi;j c /

not possibly buy the furniture for cash, but if he would! give him time he would take it over. Fulford1 offered the duchess table and washstaind fox £8, but witness said ihe ooiuld not posaibSy touch them. They made out a list, and witness agreed to buy all that was on the list, totalling in the first place £10 ss. 6d. No definite ai-rangement} about paying was made. Witness (said he would pay when he could. Fulford offered to take a P.N., but witness refused to give it, ais he said he would not bind himself. The bedstead and bedding was put down on the list, and witnass said he would buy them if his wife approved. In consideration of Fulford giving him time to pay for tie furniture, witness was to pack and forward the rest when Fulford wrote and said he was settled.. About three weeks after received a letter from Fulford, asking him to forward the clothing. After sending the boxes received a letter ti.--.ri prosecutor asking for money and' the furniture witeess did no twanfc. Did not send the furniture on immediately, because he could not get cases to pack it in. Subsequently obtained a case and sent it on. Received letters asking for money, but none aisking for the furniture. Replied that he could not send the money. Got out of work, and received a wire from his father from Dunedin that he had work for him there. Left Waituna about a week after selling the furniture, and left his address at the post office at Waituna. Tlie day after he left Waituna he was arrested at Wellington. Had intended to call at Christchurch on his way down. After his arrest was remanded ficjr a week, and went to CliMStohurch. Told Mr. and Mrs. Fulford that they knew the position he was in when he took the furniture. He "said, "What aire you going to do now?" Witness replied' tinat he would make any feasible suggestion.. They suggested that witness should wire his people, and that he might possibly get the money from his brother iff Christohurch. Told them that he could nut get the money at once, but said he would do so if he was given time. They askedi for £20, and Mr. Fitvftierbert said he could! try and arrange to have the charge withdrawn to enable witness to return tihe furniture or money. Told them Mr. Cooper was. a fair mail, and that he had no doubt he could get the goods back. Did not tell them that he had an understanding with Mr. Cooper that he could get the furniture back. Panted with them, with the understanding that he Was to fee them a,gain next day. Mrs. Fulford repeated the proposition that witness should wire to his people and gesb £30, and «said he must get the money before the chargie was withdrawn. /

Crc(ssi-eKaan!:ned by Mi 1. Fiteherbert: On the night before Good Friday witness definitely purchased the goods, excepting the bsd, which, was to be submitten to Mi's. Mathison for approval, and the washstand, duchess set, sewing machine, and clothing, anid was to> pay for them when convenient. Was getOno; £8 per month, and had been at Runisom's a month. When witness last wrote Fulford it was to $ie effect that he was sending some furniture, and that he could not send any money. Intended to use the money he received for tlie furniture to §ay nis and his wife's expenses to Dune* in, and then get an advance from his fa/jher. He was goling to work for his father, and the position was now ready for him. He intended to caffil and' see the FulfoixJs on his way to Dunedin. Had been out of work three months before going to Waituna, and Fulford knew that he had to send for his wife to the West Coaist. Sold the goods for less than hie gave for them. The Fulfordte! seemed moiie anxiouß to get the money than, the furniture, and wanted £20 for goodls that were worth £14. Thought it hard that Mr. Fulfomd would not withdraw the information, seeing that he promised] to restore • the furniture.

His Honor: Went to Christohuirch. because he was advised by a detective at Wellington to do soj, and because he wanted to get rid of the charge wt ail costs.

C. Coolper, recalled, ihe had a conversation with Mi". Fulford, after the holding of the Court at Feildin,g, and he told witness that had accused been in a position to pay the money he would have withdraw the (charge if he could db so. Counsel addressed the Cowrt at considerable Length, and the jury retired at about 3.30. After a lengthy retirement the jury waa unable1 to agree, and a new trial was fixed for 10.30 this morning.