WAIROA THEFT CASE

Daily Telegraph (Napier), Volume 58, Issue 166, 15 August 1929, Page 8

WAIROA THEFT CASE

C11APMAX FOUND GUILTY OF RECEIYING. WITH RECOMMENDATION TO MERCY. Tho clmrges of alleged thcft from the person and alleged receiving at Wairoa against Francis Walter Chapraan rcaclied conelusion before His Honour, Mr Jnstice AlacGregor in the Napier Supreme Court yesterday after. noou. Alr H B. Lusk conductecl tlie Crown prosecution and Mr W. Hislop appeared for tlie accused. Tho Crown case rcaclied conelusion early in tlie afternoon session. Opening his c-ase, Mr Hislop indicateil tliat the defenee would ehow tliat Cliapinan was not in the company of Daly when ihe tlieft took place. Evidence was given by Timothy Jolm Dalv. tlie other accused. tliat he called on Ohapman, who was in bed. on the Sunday, and said, "Get up. I've had a win on a horse. Merry Mint, and ara going roiind to collect the money." Witness statpd that Ohapman did not know tliat the money was stolen. Witness asked how Chapman was hokling, and C hapman replied, "I'm broke," so the witness drew £11 out of his pocket and gave it to him. Under cross-examination, witness stated that he had £6 on a horse called Black Mint in the last race at Wellington, but lie did not know at the time tir.it Merry Mint was seratohed. Questioned as to whv lie picked up Chapman, witness stated that he wanted to take him to a certain place. Asked where, he declined to answer. He stated that he took tho money from Connor at the hotel. This completed the case for the defenee. The Crown Prosecutor did not address tlio jury. Addressing the jury. Mr Hislop urged strongly that on the Sunday afternoon, when Connor was robbed, Chapman was never in Daly's company at the hotel except- for a few minutes, when the other two men were present. The whole of the afternoon Chapman was in the company of people other than Daly and Connor. . Daly liimself in the box had freely stated that Chapman, liad nothing to do with the tlieft. In regard to the charge of receiving, the most important was that the reeeiver had to know that the money was dishonestly obtained. Counsel submitted that quite outsido of the evidence of Daly, it was apparent that Chapman had no idea that the money was stolen. Daly had been "skiting" ahout his wins at the races and naturally Chapman would think that the £11 was part of his winnings. His Honour, in sunmiing up, stated that the evidence had heen brought out very clearly, and he did not propose to review it. Connor, in his evidence, said that he did not miss the money until late on the Sunday afternoon There was no doubt that he was verv drunk, and probably not in a fit positiou to look after his money. They had had evidence of what happened on that Sunday afternoon and tliey liad to take the commonseiiso view of the position and decide as to wlio was the guilty party. Daly said tliat he took the money, which was quite probahle, but what had to be considered was whether he and Chapman were not acting in c-onjunction, having deliberately arranged to relieve Connor of his pockefc hook with its valuable contents. The accused Daly and Chapman were quite. apparently, the best of friends, and it was quite clear they divided the spoil at Morere. The Crown asked the jury to helieve that there was collaboration betweeu tlie two _ accused, and His Honour stated that it seemed a reasonahle assumption. It was much more likely that instead of telling nis mate the rock and bull story about the race winnings Daly would tell him the truth. The jury retired at 3.13 p.m. and returned at 3.45 with a verdiet of not guiltv on the first count and guilty on the second, with a strong recommendation to niercy. as it was considered that tlie accused liad heen influenced by Daly. The accused was remanded for sentence.