SUPREME COURT.

Wanganui Herald, Volume L, Issue 14699, 2 September 1915, Page 8

SUPREME COURT.

YESTERDAY AFTERNOON'S BUSINESS; ALLEGED THEFT OF GOODS. VERDICT OF GUILTY RETURN ftD AGAINST ORR. At the Supreme Court yesterday afternoon', the hearing of charges of theft against,R„ W. S. Orr was continued, Mr Treadwell, for the defence, continuing his'—cross-examinatinn of L. Nippert. To Mr Treadwell—AVl icu witness paid £ls for the first consignment of brushes he thought lie. wiis getting fair value. Witness afterwards wrote to Orr for a receipt, but did not get ohe: On the second .and third occasions, witness did not ask for a. ree/dpt. R. Hughes, of Hughes, Allomes, and Tarrant, Ltd., said he had not consigned.any scrim to Nippert Bros., New Plymouth. Lie know colour merchants in business in Wanganui whoso head-quar-ters, .were in Christchurch. To Mr Treadwell—So far as he was concerned, witness had no complaint to' make against accused while ho had been employed, by the. lirm. R . J. D. Hillgrpve said that in 1.5)13 witness was in partnership with one Kendall as painters and paperhangers in Wanganui. In 1912 witness and his partner, at .accused’s request,, went to accused’s place in. Wicksteed Place, -to see some goods. It was .on a Saturday afternoon. Witness bought some brushes and a tin of white paint. Orr did not say where he got the goods from, but said ho was getting goods from down south. Witness considered that Orr .was acting for some, southern- firm. Lifter on, in response to an invitation from Orr, witness and his partner Went again,-to On ’s house. - The visit resulted in ,the purchase of a hale, of scrim.. They purchased the goods from Orr because he sold them a little cheaper than the firms sold them. He got receipts from On- for both transactions.

To Mr Treadwell,; Orr sold the goods quite openly. Witness considered he had paid full value' for-the goods. jj Siddolls, detective-sergeant, Wanganui, said he saw accused in May last. He told Orr the purport of the interview, and in-reply ,to questions accused said he had had no dealings with Nippcrt Bros, at Hew Plymouth, except what had been accounted for to Tingcy and Co. A consignment note was-shown to accused, and witness took down his. replies; but witness refused to sign the statement. He-, said .the .writing on the consignment note was.like his, and’denied sending a hale of scrini to Nippert’s under the name of “Hughes.” He said he had borrowed money at -various; times from Nipperts and had paid some of it hack. La.ter qn he admitted that; the writing was. like his, and that, he had been instructed by Tiugey’S 'to: send a , hale, of scriih to Hipport .Bros under the name of “Hughes.” ~ ■ : This concluded the case for the.-prose-cution. 1 ■ • ■

i Mr Treadwell, intimated that he intended to call no evidence. , • In: addressing tho jury, Mr Treadwell said-there was no conclusive evidence that tho goods had been consigned by Orr, and contended that the prosecution had not made out a case for the defence to answer! Accused .may.,have had good reasons why he should not have disclosed . the name of his principals. His Honor, in summing up, pointed out that accused -had made , no attempt to state where, the goods , had .coine , from. Bundles of scrim ami dozens, of paint .Ij'rushes did not come through .the air. ..lilwre was human agency, t and this agency must he well- -known to'accused. Why did he not call them? The only explanation given by him- to his -purchases; Was that, .the goods, came-from-a southernfirm. ■ 1 - ■-

Tho -jm-y,- after a- retirement of thirtyfive minutes,■ returned a verdict of guilty. . Mi- Treadwell asked for leniency on behalf'of accused’s wife and three children. His Honor. said he would like to consider the wife and' hiit-if that, were always done married-men woidd go .unpunished.' One -of the most unpleasant duties of Judges., was the sentencing, of prisoners, and there. ?W/as an-;, enormpns difficulty in reconciling -yu 3 *-* ol ' "w-itli mercy, not to the- guilty,who; did not: deserve much, hut to the -innocent, who always suffer, He thought that there ought to he the power ,of reviewing sentences, in New Zealand as -in England. Ho would- be gald if Judges had the power to reserve ■•sentences in order to consult the other Judges. was deferred until Monday next. .