RAILWAY TARPAULIN

Wanganui Chronicle, Volume 87, Issue 62, 16 March 1943, Page 6

RAILWAY TARPAULIN

CHARGES OF UNLAWFUL POSSESSION

“This does not reflect on your honesty; a person may render himself liable to a charge of this nature through mere carelessness,” said Mr. J. H. Salmon, S.M., in the Magistrate’s Court, Wanganui, yesterday, when convicting Aubrey Clemence Connor for permitting a tarpaulin valued at £8 10s 6d, the property of the New Zealand Government Railways, to be unlawfully in his possession. Defendant was fined £l, costs 10s.

Dismissing a similar charge preferred against Grace Leevey, the magistrate commented that there was a distinction between the two cases. Connor knew that at some time or other the tarpaulin was the property of the Railways Department, but Mrs. Leevey had not examined it at any time.

The defendants were not charged with theft, the magistrate aded. They were merely charged under a section of the Railways Act which provided a oenalty for persons who unlawfully had railway tarpaulins in their possession.

Senior-Sergeant F. Culloty appeared for the police. Defendants pleaded not guilty. Percival Henry Curtis, assistant traffic manager, Wanganui, said hs saw a light motor-truck with a railway tarpaulin (produced) on the back. Questioned where he had obtained this tarpaulin the driver said he had bought it from a man named Jones. The tarpaulin was released from the workshops in June, 1937, and was fn good order, but witness did not know how long it had been missing. William Henry Jones, coachbuilder, said he could not swear that the tarpaulin produced in Court was the one left at his -'remises bv Mrs. Leevey. He had sold a tarpaulin on her behalf for £2. Replying to a question by the magistrate, witness said he did not unroll the tarpaulin or examine it. Statements made to the police by defendants were produced bv Constable S. F. Best. Mrs. Leevey said Connor’s mother had boarded at her nlace and the tarpaulin, which was rolled up, was left there. Connor told her it was not much good and that if she sold it she could keep the money. She did not know It was railwav pronertv and subsequently left it with Jones.

Connor, in his statement, said the • erpaulin was given to him bv a man who once boarded with him. Defendant had intended taking it with him when he went scrub-ci it tin", but found he had no need for it. Hp was aware that it was .an old railwav tarnaulin. but thourW it had been condemned and sold. Recalled bv the magistrate. Curtis ‘•aid the department discontinued sellin" condemned tarpaulins in October, 1935.

Connor, in renlv to the magistrate, said bn bad accepted the tarpaulin in good faith