TAXI DRIVER TO STAND TRIAL ON COCAINE CHARGES

Wanganui Chronicle, 24 July 1947, Page 6

TAXI DRIVER TO STAND TRIAL ON COCAINE CHARGES

Wellington, July 23

That he distributed or dealt in cocaine while not being licensed and without authority to do so was the charge against Dominic Fitzgerald, taxi-driver, aged 32 years, when he appeared before Mr. Gou'»ing, S.M., in the Magistrate’s Court today. Accused pleaded not guilty and elected to be tried by jury. He was committed to the Supreme Court for trial.

Senior-Detective E. H. Compton prosecuted. Carl Seymore Hutton, American, chief steward in the Fort Moultrie, said his ship came to Wellington on May 10. A man had gone aboard the ship and asked witness to do him a favour, being “extensively under the influence.” Witness said he would and the man then asked him to take a package to Auckland. Witness consented. After this conversation a ship’s providore came into the forecastle to check the stores. While the providore was there, a man came in and said to witness: “Here is your beer.” By that time the ship was ready to shove off and, as witness had ordered some beer, he thought everything was normal. It later occurred to witness that he did not have the package “the guy’’ wanted him .to deliver. He opened a case of beer and saw a tin inside. After supper he took the tin from the case and w’hen he learned that it contained cocaine he became a little scared. He thought the best thing he could do was to throw it over tne side and he went out with that intention. However, there were a good many deckhands about. He did not want them to see him with the cocaine so he hid it. Witness could not remember where he was to deliver the tin in Auckland. As near as he could remember his instructions were to hand it to someone. The man who gave witness the package must have given him a note some time as one was found when he was searched.

Under cross-examination, witness said he did not believe the person who handed him the note was accused.

Detective V. C. Lennon, Auckland, gave evidence he found a tin and eight bottles of cocaine, hydrochloride and one bottle of a similar drug in the Fort Moultrie. On May 14 he searched Hutton and found two notes. One read: “Jchnny, this chap is o.k. 1 dealt with him in Wellington. He has some business to talk over with you. Fitz.” The second one read. "Johnny Beayne, Shortland Street, Auckland, telephone number 49-697.” Stephen John Newland, ship’s providore, said that while he was checking stores with the chief steward before the ship left Wellington, accused came into the cabin. The chief steward was a “bit under the weather,” said witness. Accused had said: “I thought you were on your own. I’ve brought your carton of beer.” Witness observed that the carton had been opened. He did not think it was full.

John Patrick Behan, firewood merchant, Shortland Street, Auckland, said that in February this year accused called on him. Accused asked witness if he could put him on to any racehorse trainers or to anyone interested in dope. Witness told accused that he was not interested in dope of any kind. Accused came back about Easter and asked witness the same question. Witness was pretty annoyed and gave him the same answer. Witness said his telephone number in Auckland was 49-697.

Mr. Stacey submitted that identification must be conclusive. There was not any direct evidence in this case of identification of the accused. Hutton did not identify the man in the box, said Mr. Stacey. It had not been proved that the notes had been written by accused. Newland’s identification of accused was perfectly satisfactory, said the magistrate, who added that he was not prepared to dismiss the charge.

Accused was committed to the Supreme Court for trial. Bail was allowed.