ALLEGED THEFT FROM A WHARF ACCUSED COMMITTED FOR TRIAL.
John Ward, on remand, was charged before the Police Magistrate (Mr W O Wise), Inspector Weston prosecuting yesterday, with the larceny on April 2, 1907, of a box of shell necklaces, valued at £71 10s , the property of Messes Huddart, Parker and Co Proprietary Ltd. Mr H Crisp (Crap and Crisp) appeared for the accused.
Christopher Paget, manager for J Paget, of Elizabeth-street, deposed that on or about April last he packed a case of shell necklaces to an order, which was to be dispatched via Sydney. He passed it over to the purser of the Westralia, and he signed a ticket for it the case contained 109 dozen necklaces in all, valued at .£71 10s and the witness identified those in Court, for they were his colours, and tied as he had packed them. He had never been paid for the shells.
He knew no one at Recherche who sent shells up in that condition. The case in Court was not that in which the shells were packed. There were about two-thirds of the shells in Court.
Matthcw Lindsay purser on the Westralia deposed that on April 2 he received the case of shells from Mr Paget. He took possession of the case for the company, and measured it, the measurement working out between 4ft and 5ft. It was placed with other Sydney cargo on the Elisabeth street pier Witness saw it in the same place at around 5 o'clock. It was missing when the vessel arrival in Sydney and it was reported missing. The case when taken over was the property of Messes Huddart, Parker and Co Proprietary Ltd
Mr. Wise, It was in their possession I see Mr Crisp smiling in larceny, possession is deemed to be ownership. Mr Crisp I was smiling at the way in which witness was asked a question on a nice point of law.
Witness continued that he did not see the case placed on board Accused had no authority to remove it He was not employed by the company on Apia! 2.
The Police Magistrate How did you come to remember this particular case, Mr Lindsay p-I have had so many reports to make on it since it was reported missing
Dudley H Sargent clerk deposed that accused had been employed by the USS Co In November last he saw him on the wharf Accused asked him if he did anything on commission. Witness replied that he did. In December, on the wharf, accused said a friend of his
had sent him some shells to sell and as the witness knew the people better than he, he wanted him to place them, offering to let him have some samples in a few days About December 19, witness received five samples from the accused in the Union Co’s store on tho wharf He took the box which held them out of a desk Witness placed 20 dozen that evening.
The price asked the accused was 4d [pence] a string Witness informed the accused of the sale, and accused replied he should have got more. Witness asked him to send them along and went with him to a house in Collins-street Accused counted out the 20 dozen from a box, which accused and his wife carried into the front room. Witness received £4 for them and saw accused- later and asked him how much he was to get.
Accused told him to take £1 and he himself would take 10s and send the £3 on to his friend. Subsequently witness told him he had heard that shells had been stolen off the wharf, and he hoped those were not stolen property Accused replied, "I don't think so they may have been " Witness had offered to place more shells for him and a parcel of shells was handed to him by a boy, whom he believed to be defendant's son
These were handed over to Detective Gunner. Witness asked accused who his friend was and he replied 'Fisher and Mayne Fisher is the man, Catamaran Creek, Recherche " Witness asked "Could you give me a letter from him?" Accused gave him an envelope addressed to Fisher, and a letter, purporting to be from Fisher, asking him to sell the shells. Accused asked him not to use Fisher's name if possible. On January 6(?) witness told him Detective Gunner was asking about the shells, and accused said, "send him along to me" On January 13 witness handed over the parcel of shells to Detective Gunner, and when he told accuse he had done so, he said, "Send him along. I'll square that"-or used words to that effect.
Mr. Crisp. Well, be quite sure. The word "square" may be interpreted in a very damaging sense. Witness thought he meant that he could tell him where the shells came from.
The Police Magistrate: The word "square" might be misinterpreted to the damage of the defendant, and the police. You mean "satisfy" him.
Witness amended his statement to "give him information about them." The Police Magistrate: Do you know anything about the value of shells? No. Then I think you sold them at very much under their value.
Wilfrid John Wilkinson, tobacconist, of Elizabeth-street, deposed that he purchased £4 worth of shells from Sargent. He handed about I5(?) dozen over to Detective Gunner on January 14. Witness had never soon that kind of shell sold at less than 1s. a string.
Detective Gunner produced the shells handed to him by Messrs. Wilkinson and Sargent. Another parcel was found by Mr. Weston, and witness in defendant's bedroom when the home was searched on January 13, and a larger parcel in an apple case, containing also tissue paper and dirt was discovered standing on a bench under a shed in defendant's backyard.
Inspector Weston deposed that tho accused had been employed by the U.S.S. Co. on the wharf. On January 13, with Detective Gunner, ho visited accused's house in Lower Collins-street, and interviewed him as to the shells which Sargent had been selling, and which he
stated he had given him.
Accused admitted giving them to him. Ho also said that about three months before, when he was on the wharf, a strange man. like a fisherman, came to him. He gave the name of Fisher, from Recherche and asked him to dispose of some shells for him. In the afternoon he handed him a brown paper parcel, containing shells, telling him to send the money to Recherche.
He placed the parcel in the locker in the U.S.S. Co.'s shed, where it remained until he handed it over to Sargent. Those were all the shells he had. He had not seen the strange man before or since. Witness told him he had a warrant to search the house, and accused replied that he would find no shells there. When Detective Gunner found the shells in the bedroom, witness said, "Those are some more of the shells." Accused answered, "Stop Gunner from searching; I'll show you where tho others are," and pointed out the box in the back yard. The box contained dirt, as if it had been buried.
Witness asked. "What has become of the box the shells were in " Accused replied, "I chopped it up." Later in the day witness arrested accused, who said, "I can only tell you, as I told you before, I got those shells from a man."
This concluded the evidence for the prosecution. 'Accused reserved his defence, and was committed for trial at the next Criminal Sessions. Bail was allowed on accused's recognisance of. £50, and two sureties of £50 each.
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