CROWN’S ALLEGATION AGAINST TWO MEN OF THEFT OF WIRE

Wanganui Chronicle, 25 July 1947, Page 6

CROWN’S ALLEGATION AGAINST TWO MEN OF THEFT OF WIRE

(P.A.) Wellington, July 24 Charges of theft ol barbed wire from the Government at Gracefield preferred against Leonard James Thompson Ross, comjt.ny manager, aged 43, and Martin Anthony Fahey, clerk, aged 45, entered the third day of hearing in the Supreme Court today. Alternative charges of receiving and stealing the wire are preferred against Ross. Both the accused have pleaded not guilty.

Cross-examined by the Crown Prosecutor (Mr. W. H. Cunningham), the accused Ross said Fahey was associated with a small gambling lootball game, which was popular at that time. He asked witness to lend him £5O to help him out. Witness did not dispute that 10 tons of barbed wire were carted from Gracefield by his firm's lorries in September, 1945, and that nine tons of this wire was stored in his arm's store in Ghuznee Street. H.e had disposed of nine tons of wire. He denied that he and Fahey had arranged to steal this wire. He had no receipts for the moneys he had paid to Fahey for the wire. He had neverasked Fahey to show receipts from the Government for wire he alleged he had bought. Fahey's statement to the police tnat the witness had never advanced him any money was untrue. He could not account for the fact that some of the wire he had sold to the Wairarapa Seed Company did not come from Gracefield.

Fahey, giving evidence in his case, said he commenced employment with the Ministry of Supply in January, 1942, as a clerk in the department manufacturing barbed wire, of which Arthur .Langstone was the Stores Controller. He had no authority to release wire. The only A grade wire in Wellington was at Thorndon Quay, which was a lock-up store with storemen, and a night watchman. He took all his instructions from Langstone. No one was in charge at the Gracelield dump. After inspecting six coils ot barbed wire in court, Fahey said two o£ the coils were definitely A grade, three were B grade and the other C grade. Wire was first taken out to GraceHeld in 1943. He was concerned in the delivery of 10 tons ot wire from Gracetield in September, 1945. Ross had said it would be easier for him and the department if some wire could be stored in Wellington to save cartage from Gracefield. Witness brought the matter before Langstone, who explained they could not shift the wire without the consent of the Fencing Materials Association. Ross then suggested he would store the wire free of charge, and said he would supply his own labour. Langstone agreed to this course being taken. Ross sent out two of his lorries and witness went with them.

Ross then pointed out how easy it would be to take the wire from Gracefield. Ross later rang up and said one of his lorries had taken a load ot wire to Trentham, but the person to whom it was sent did not require it. Witness then suggested the wire should be taken to the home of Frederick Smith, at'Trc/i-am. This was done. The wire was stored in Smith's backyard. One ton of wire was sent to Norsewood and as far as witness knew eight tons were still held for distribution in Wellington. Witness contracted pneumonia. When he recovered he and Langstone decided that they had better get the wire away from Ross. In the new year an account for cartage was received from Ross, which was excessive. Witness had never been advised o£ the removal o£ the wire to Ohariu Valley, or to the Wairarapa. He had never received any accounts in the name of J. Smith. Ross had never made any requests to him lor repayment of any moneys. Langstone arranged that Ross should pay a commission of 10 per cent, lor all cartage for the stores department. Ross, in all, paid from £l4O to £l5O in commission.

Fahey denied ever having received any other money from Ross. Witness said he had pleaded guilty in the Magistrate’s Court, Wellington, to the theft of one ion of wire. At the time of its removal from Gracefield witnest had no intention of converting eight tons of -barbed wire to his own use. Cross-examined by Mr. Leicester, counsel for Ross, Fahey said the sending of 10 tons of wire from Gracefield in September, 1945, was simply a matter of convenience to the Minister o’ Supply and Ross, ft was not stolen, nor intended to be stolen, either by witness or Ross. As soon as the wire came in Langstone and witness sold a ton of it to a farmer at Norsewood for £35, of which £2O was handed to Langstone and witness kept £lO. Smith did the deal and received money from the farmer who w...-, .. relation of his. Smith got a second ton but witness did not know whether he ever paid for it. Of the £lao commission which Ross paid for gc',Li< cartage tor the Ministry of Supply, witness received one third, or perhaps a little more. He believed Ross had delivered eight tons of wire to R. L. Button on December 12, 1945. Cross-examined by the Crown Prosecutor, witness said that if Ross sold 200 coils of A grade wire he did not get it from Gracefield. To the Chief Justice (Sir Humphrey

O'Leary) witness said that it there were 200 coils of A grade in wire Ross sold to the Wairarapa Seed Company, it could not have come from Gracefield.

The court adjourned till tomorrow (See earlier story on page 8.)