UNSAFE TO CONVICT.

Waikato Times, Volume 112, Issue 18806, 30 November 1932, Page 6

UNSAFE TO CONVICT.

A SHOWMAN CHARGED.

PURCHASE OF BENZINE,

ALLEGATION OF SHORT CHANGE).

A plea of not guilty to the theft of 4s 8d was entered by a showman, James Thompson, when lie appeared before Mr Wyvern Wilson, S.M., in the Hamilton Magistrate's Court this morning. Defendant was represented by Mr G. A. Speight. Senior-Sergeant Sweeney in outlining Hie circumstances of the charge, stated that defendant, who had been attending the Waikato Summer Show at Claudelands, was proceeding back to Auckland with three companions when lie called at a petrol station and ordered seven gallons of benzine. The cost of the benzine came to 17§. 2d. Defendant handed the attendant 12$ 6d and immediately drove away. j Ernest M. Chainey, petrol attendant, employed by Whitford Erson Motors, Limited, said that defendant called at the garage with three passengers and ordered seven gallons of benzine and a quart of oil. -He asked how much it would be and witness told him the charge was 17s 2d. Witness saw defendant collecting money from one of the passengers, and counting it over several times, changing it from one hand to the other, ’Defendant's actions were rather 'unusual and aroused witness’ suspicions. He then handed witness some money remarking. “here is 17s 6d.” Defendant then started his car and drove off. Before the car had proceeded six yards, witness noticed that he had been, banded only 12s Gd. “ Quickest Thing I have Seen.’ To Mr Speight, witness said that when defendant was .counting the money in his hand h& noticed that he had 17s. When defendant dropped the coins into witness’ hand he looked immediately at the coins and noticed that -he had been given only 12s 6d. The car was away before be could stop it. “It was the quickest thing I have seen,” witness added. I Constable McGruar, of Ngarnawahia, produced a statement signed by defendant in which be -denied giving the bowser attendant short change. He did not hurry away. He told witness that he would go to Hamilton and see the garage people. •Detective A. J. White told the court that he had known defendant for the past six years as James Moyne. Ha also went -under a native name of Repehana. Mr Speight submitted that .thera was Insufficient evidence on which to enter a conviction. Ilis Worship queried how the charga could be -one of theft. The case was somewhat different from that in which a man went into a shop to buy a hat and came out without paying for it. Defendant, If the evidence for the prosecution was to be believed, was guilty of obtaining credit by fraud. Ilis Worship accordingly amended, the information, defendant -pleading not guilty to the fresh information of obtaining credit by fraud. Defendant, a showman of Auckland, maintained in evidence that he -had given the bowser attendant 17s 6d, telling him to “give the change to the baby.” He denied counting the money several times. The passengers In the car paid for the benzine, the arrangement being -that they find the expense* of the trip to Auckland. In dismissing the charge, His Worship considered that it would be quite unsafe to convict on the evidence.