JAUNTS OF GENERATOR

Waikato Times, Volume 106, Issue 17803, 30 August 1929, Page 8

JAUNTS OF GENERATOR

s6ld or stolen? PICTURE PROPRIETOR CHARGED ON APPROVAL FOR ANOTHER MAN. A young married man named Alfred Nicholas Thomas stood his trial at the Hamilton Supreme Court to-day on a charge that at Hamilton on March 28, 1927, he obtained an 'electric generator belonging to one Joseph W. Chirney, from Carrick Nisbet, by falsely representing that he had bought the generator from Chirney.

Mr It. T. Gillies conducted the Crown case. Prisoner was represented by Mr \V. ,T. King. Mr Gillies stated that early in 1927 one Chirney placed an electric generator in the shop of Mr Carrick Nisbet, for sale. Thomas called at the shop and inspected t lie generator, which was offered him at £3O. Nisbet regarded the price as somewhat high, and after a discussion it was decided that Thomas should see Chirney. Thomas subsequently again called on Nisbet and said he had arranged with Chirney to purchase 'the generator, who had instructed him to take it away. ITe was allowed to take it away. Prisoner then sold the battery to another man, and ultimately it found a home in the public hall at Te Uku, where it was used for the purpose of showing pictures. When arrested at Port Albert, where he ran a picture theatre and garage, prisoner stated that Nisbet allowed him to take the battery away, telling him he could arrange for payment later. Joseph William Chirney gave evidence of leaving the battery at Nisbel’s shop, with the instruction to get a sum as close to £25 as possible for it. This was early in 1927. lie did not know Ihe battery had been allowed to leave Nisbct's until a few months ago. Sold to a Native. Carrick Nisbet, battery expert, said that several months after the battery had been left by Chirney, Thomas called and inspected it. After the price had been discussed, witness suggested that Thomas should see Chirney, and try and make a deal with him. About a week later Thomas again called, and gave witness to understand he had seen Chirney, and had completed a deal. Witness thereupon allowed him to take the generator away. In answer to Mr King, witness said he did not advise Chirney that he had allowed Thomas to take the generator away. He sent no bill for commission. In reply to his Honour, witness said lie would not have allowed Thomas to take the generator had he not represented that he had consulted Chirney. Stephen Thornton said that in March, 1927, he was' living at Te Paiiu. Thomas told him he could start him in the picture business as he had a second-hand machine for sale. Later on Thomas exchanged the generator he had previously supplied witness with for £7, for the one now in dispute. The exchange was a level one. Witness later closed his picture business and sold the generator to a native. Mr Nisbet's name never cropped up during the negotiations. Replying to Mr King, witness said the total sum he paid Thomas for the picture outfit was £ls. Accused’s Evidence. Detective-Sergeant J. Thompson, who interviewed Thomas, said the latter had made a statement to Constable Ryan to the effect that he told Nisbet he was inspecting the generator for Thornton. Later he took the generator out for Thornton’s approval, and told him to settle up for it with Nisbet. Thomas said he look the smaller generator away from Thornton in satisfaction of an account for £7 owing him by Thornton. Addressing the jury, Mr King explained in detail the negotiations that took place between Thomas and Nisbet and Thomas and Thornton, and said prisoner would himself give the Court the full story of the transaction. Prisoner, in evidence, denied that Nisbet mentioned Chirney to him. Nisbet merely mentioned that he bad the generator on behalf of a client. Witness offered him £8 for it, telling him lie was inspecting it for a man named Thornton, who was in the picture business at To Palm. Witness said lie would like to test it, and was allowed to take it away. He and Thornton together installed the generator at Te Palm. Witness told Thornton he had made an offer of £S to Nisbet, and suggested that it should be given a good trial, and, if satisfactory, he (Thornton) would have to make a deal with Nisbet. Prisoner said he took the smaller generator from Thornton in satisfaction of a sum of £7 due to him on the picture plant. Previous Convictions Admitted. With the permission of 11 is Honour, Mr Gillies was permitted to question prisoner regarding his previous record. Prisoner admitted convictions at Christchurch for theft and receiving stolen property, for which lie got two years’ probation; of receiving stolen goods at Raelalii, when lie was sentenced to seven days in gaol, and in Auckland for theft, when he was lined £3. In answer to His Honour, prisoner denied that Nisbet told him the price asked was £25. He (prisoner) suggested that it might be worth £B. Nisbet allowed him to take away the generator without any price being llxed. Prisoner explained the circumstances of his three convictions and said that in two, at least, he was virtually innocent. He admitted to His Honour that in the first case lie pleaded guilty. (Proceeding.)