SENT FOR TRIAL

Wairarapa Daily Times, 17 March 1933, Page 6

SENT FOR TRIAL

ALLEGED TIMBER THEET. LOWER COURT HEARING. Michael John Ford, of Alasterton, who pleaded not guilty in the Magistrate’s Court yesterday to a charge of the theft of 328 posts, 460 fattens, 11 totara angle posts, and a. strainer, valued alt £42, the property of Ralph Fitz Roger Beetham, of Brancepetli, at the conclusion of the hearing of the police case after the “Daily Times” went to press in the afternoon, was ordered to lie committed for trial at the next sitting of the Supreme Court at Wellington, by Mr J. Miller, S.M. ißail was nojt opposed by the police, and was fixed at self £l-30, or two sureties of £73 each.

Sergeant T. H. Dyer conducted the case for the prosecution, and Mr I. Hart appeared for the defendant. Frank Henry Fraser Smith, employed by Messrs Wright, Stephenson and Co., Carterton, said there were approximately 300 posts and 100 battens in the companv’s yards. He believed they belonged 'to "a Mr Kelly, of Alasterton. Ford senior gave instructions about the sale of the posts, under the name of Kellv. During the progress of the sale,’ Air Wildborne arrived from the firm’s Alasterton branch and stopped the sale, saying Ithat a complaint had come through from Air Beetham, of Brancepetli, at Alasterton. The posts were not offered. After the l conclusion of the sale that day the yards were locked. The posts were there then. On 15th December, when he was next a.t the yards, lie noticed that the posts were gone. Witness had a look at the gate, which was still locked. There were wheel tracks on the grass on the inside of the paddock, near to where tilio timber had been stacked. On making this‘discovery he reported the matter to the police. Cross-examined, witness said: No man named Kelly saw witness, and lie did not know a -man of that name. Ford explained to him at the time that he was offering the posts for sale under the name of Kelly because lie (Ford) had a contract for'cutting firewood, and .there might be a complaint made about fencing materials. It. was Ford s sale, under the name of Kelly. Alfred Archer, carrier, Carterton, said that in November last lie received a telephone message from Ford to shift some posts from the yards at about five o’clock in the morning. He wanted the use of both of liis lorries. On the following morning, at five, he went along to the sale yards. Air Ford was just behind him with his lorry. The gates were not unlocked. Ford said that if lie arrived at the yards first and found the gates locked he was to lift them off their hinges. Witness said he assisted to lift the gate off its lunges. The lorries then went into the yards and loaded up. He took 100' battens and 800 posts on his two lorries, and Mr Ford’s lorry was loaded with strainers and battens. He delivered his load to Air Foreman at Ponatahi. Cross-examined, witness said that as •the posts were loaded on to the lorries they were marked several times in the process of counting, as they arrived at different totals, which necessitated recounts, and, to distinguish the posts, they were marked with different means each time —a nail, some black stuff, and a pencil. ■ James Frederick Foster Foreman farmer, Ponatahi, Carterton, said that on a Sunday Ford called to see him ■about some posts for sale, but witness did not see him. After a few days lie came to Alasterton to see Ford at his house at Solway. He said that he had some posts in the Carterton saleyards. Witness bought these and gave “ IHI £•>'l for the lot, the timber to be delivered to his place at Carterton. The posts duly arrived. In answer to Air Hart, witness said that unless he had marked them, he doubted whether he could identity posts and battens 'that lie had split sax months after he had done the work. After the police visit lie -closely examined the posts and found that, the only mark visible on the timber was a mark made with a nail. Guy Cold-ham Williams, farmer, le Parae Alasterton, stated that Ford was splitting hrewoo'd on Ids property last winter. He told Ford that _ ie could take the matai and the maire, but he was not to take the totara. He then qualified that by saying that lie could take the totara roots or branches, but ho was not to' touch the timber -suitable for posts or battens. Theie was no timber lying about on the property where Ford had leave to wmne which would be suitable for posts. -There were no battens, drainers or posts in the paddock where Ford was working, but there were some in -the adjoining paddocks, which had been cut some years ago. .Some of the timber ho saw at the police yard ahd Ponatahi might have come from his property, but lie could not swear to it. The recently split timber could not have come off his property. Aftei xord had left his property he could see no timber that had -been nearly felled. Since making the trip to Ponatahi witness had examined his own stocks, and in one particularly ho could -see where timber had been removed. Ford had no authority to remove -any totara timber .suitable for posts or battens from his property. He' found no butts around the paddock from recently felled trees. Constable James Johnston said that as a result of a complainit about the theft -of fencing posts and battens, he ascertained- that Ford had -sold a quantity of posts through the Associated Live Stock Auctioneers, Ltd., at Carteuton. He interviewed Ford on '2O th December last concerning the posts. Ford stated that he had been splitting firewood on Air Williams’ property, and that -any posts sold had been taken off Air Williams’ property and carried out with firewood. He admitted putting in a quantity of posts at the -Carterton saleyards, -but they were not sold at the sale. Ford had sold- them privately t-o Air Foreman. " He had -said that he had gone to Carterton and removed the posts to Ponatahi. Witness gave details of further investigations at Brancepetli. He had been on Air Beetham’s property,' and posts taken from Ponatahi were similar to tho-se-stacked on liis property where the splitting corn tract was Carried out. On 6th January he accompanied Mr Beetham ' and Air Williams to Mr Foreman ’s' property a t Ponatahi and took possession of 21 totara fencing posts, 15' totara baittens, 5 angle posts of totara, old and mossy, and -one strainer post of totara which had been newly snlit. On Stii January he took two roughly split to tar.a fencing posts which had been taken from Air Foreman’s property at Pouatahi to Brancepetli. On examining the st-ack at Air Beetham’s place, witness found two other posts of the same length and of the same quality of timber, and the f-o-ur fitted so exactly that they were obviously of the one log. On * 26th January lie went to Brancepeth with Air Pickett -and met Air

Beetham at. .the paddock where Pickett had split the battens and posts. They searched the paddock and found the ends of a totara. log which Air Pickett considered would fit the ends of a totara strainer post at the police station. He brought the ends to the station and fitted them to the totara strainer jiost. One end fitted correctly, but with the other end there was a doubt. On examining the posts stacked at Air Becitham’s property he found most of them marked in a similar manner to the ones which he took from Air Foreman’s property at Poiiatahi. Under cross-examination, witness said the markings lie had spoken of were in pencil and chalk clay. During thr» course of liis enquiries he ascertained that Ford had sold nearly five hundred fencing posts, four hundred battens and about twelve angle posts and several strainer posits, since the latter end of 193t2 and the earlv part of 1933. It would cover a. period from -about Ist August, 19-3i2, to the end of February, 1933. This concluded the police case.