CHARGE OF THEFT

Manawatu Standard, Volume LVII, Issue 176, 26 June 1937, Page 7

CHARGE OF THEFT

TWO MEN IN COURT. CONVICTIONS ENTERED. Appearing before Mr J. L. Stout, S.M., in the Magistrate’s Court, yesterdav, Sydney Jarvis, a dealer, aged 3], and .John Alfred Benjamin Mansfield, a dealer, aged 19, were charged with the theft, on June 22 last, of a timber jack valued at £3, the property of Messrs C. and A. Odlin, Ltd. Mr J. M. Gordon appeared for both accused, Jarvis pleading guilty and Mansfield not guilty. Senior-Sergeant Mclntyre stated that, wishing to move an old boiler which they had purchased for scrap metal at Foxton, accused had visited a disused timber mill in Palmerston North, where plant was stored, and the jack had been taken, tine ot them had been observed to lift it over the fence and plate in on a lorrv. Jarvis, \. .ien interviewed, admitted that he had taken the jack, but said that it had been his intention to return it. He had been before the Court on two previous occasions on charges of theft. Mr Gordon stated that Jarvis had led an exemplary life for four years. He had taken the jack in broad daylight, his intention being merely to borrow it, and had been called away ] to Wellington before lie had an opportunity of returning it. It had been a stupid action, and there had been no attempt at concealment. Accused had been struggling to earn a decent living at the scrap metal business, and was not on sustenance. There was no possibility of a recurrence of the offence, said counsel, who suggested that leniency should be extended to accused. Sentence was deferred until the : Magistrate had heard the case against i Mansfield. j Evidence was given in this case by I David Henry Browning, manager of ! the Pamerston North branch of the C. and A. Odlin Timber Co. He said j the plant was kept in locked and disused premises. He found that the locks on the door had been broken, and that it had been forced open. Accused had no authority to remove a jack from the premises. ; _ Arthur Richard Spencer, a joiner, of Joseph Street, gave evidence that he saw a lorry move off from outside the premises. It proceeded only a short distance, and then witness saw somebody put a jack over the fence and on to the lorry. Evidence was given by Douglas Mansfield, aged 15, a cousin of accused, that the latter was driving the lorry. Jarvis got oyer the fence and reappeared later with a jack, which was placed on the lorry. Witness heard Jarvis say he would take it back. He knew that they were seeking a jack for use at Foxton, but did not know the reason why they were going to Odlins’ yard. He thought tliev were going to get boilers. No attempt was made to liido the jack. Acting-Detective E. Compton said that, when interviewed, accused first of all strenuously denied all knowledge of the jack. Later he admitted that he had been at the yard with the lorry. Jarvis, he said, had gone into the yard and reappeared with something which he had placed on the lorry. Witness had asked Jarvis no questions, hut it was their intention to return the jack. Evidence was given by Constable Watt that he had recovered the jack from where it was lying openly oil the tray of accused’s lorry. Accused, in evidence, stated that he did not know Jarvis had no authority to take the jack, and did not make any inquiries about it or discuss it with him. Witness denied that he knew the jack was being stolen. Commenting that he did not believe that accused did not know the circumstances, the Magistrate convicted him and ordered him to come up for sentence at any time within six months if called upon, an order being made for the return : of the jack to the owners. The accused Jarvis was similarly convicted and dealt with. CASE REMANDED.

Patrick Ernest Furlong Collins, a labourer, aged 62, was charged with the theft on June 23, of an overcoat valued at £4 Iss, the property of Hans Peter Mortensen. On the application of Detective-Sergeant Bickerdike, who stated that the disappearance of five other overcoats had to be investigated, accused was remanded to appear again on Monday.