Post by nzbc on Apr 23, 2017 11:48:01 GMT 12
THEFT OF VEGETABLES.
The Whangarei Magistrate's Court yesterday, was a charge preferred against Edward William Wood of the theft of two bunches of carrots, one bunch of parsnips, and two pumpkins valued at 2s, the property of one Wong Wan. Mr Stout was counsel for the defence. Emily Chissell said that she knew the accused by sight. He lived next door, in Hunt, Street. As she came out of the house she saw a figure on the cart, and from the size of him she could tell it was not the Chinaman. When he got out of the cart; she knew then that it was the accused. He had two bunches of carrots, one bunch of parsnips, and two marrows. He then looked about to see if anyone was looking and went into his own house. When John Chinaman came round she spoke to him. John then went to accused and asked him for the money for the vegetables. Accused said he did not take them. She had no doubt that he did. Wood appeared to be drunk, but he evidently knew what he was doing. When Wood said he didn't take the vegetables she advised the Chinaman to get the police, which he did, Constable Power then came on the scene. The Chinaman was evidently having his lunch at Waikoura when the theft took place.
To Mr Stout: It would be about 12.30. Her house was not more than 50 yards away from the cart. It was not so far away as McMahon's —not so far but that she could distinguish carrots and parsnips. She knew that the man in the cart was not John Chinaman. Accused went to his house carrying a sugar bag and a marrow under each arm. These he gave to the boy. Accused had said they had a garden of their own, and he denied stealing the vegetables. He put carrots and parsnips on top of whatever else he had in the sack. The cart was about as far away again as the length of the court loom. She had good hearing and good eyesight. She saw no pumpkins, but marrows.
She did not tell the police they were pumpkin .
To Sergeant Moore: She was quite sure accused was the man who took the vegetables and handed them to his boy.
Wong Wan stated that on Saturday, the 15th of the month, his cart was at the back of the Waikoura boarding-house. He left the cart and went to Waikoura to get his dinner. He was absent about ten minutes. He looked in the cart and saw that he had lost 2 pumpkins, 2 bundles of carrots, and one bunch of parsnips. He didn't see the man take them, but Mrs Chissell told him about it and he came to Constable Power. To Mr Stout: The pumpkin was round and the marrow long.
Wang Wan gave other evidence, but it was deemed to be uncertain.
Constable Michael Power stated that at about 1 p.m. on Saturday Wong Wan came to his house and stated that vegetables had been taken from his cart. As a result of his statement he confronted accused in the presence of Mrs Chissell. Mrs Chissell stated in the presence of accused that she saw Wood take the vegetables from the cart and walk down to his house, and then appeared to hide them under the verandah. The accused made reference to a previous deal with the Chinaman. He said: "It's quite right," then again in a few minutes he said he didn't mean to say that. At accused's invitation he looked round the premises and could see no vegetables. To Mr Stout: Mrs Chissell made the statement in the presence of the accused. Accused then referred to a previous deal. The reply he made to Mrs Chissell was: "Its quite right." Accused first of all made the admission and afterwards denied it, Mr Stout said that the man had been dragged into court on the evidence of a woman, and the remarkable part of it was that the witness, who was a housewife, did not remonstrate with the accused and tell him he was doing wrong. Then she swore they were two marrows, and the Chinaman said the only thing's missing were two pumpkins, two bunches of carrots, and one bundle of parsnips. These were put into a sack. He maintained there was not a case to answer. His Worship said there was a case, as the woman's evidence was corroborated by that of the Chinaman, that he had missed the vegetables.
Mr Stout maintained that the antecedent notion was the one which Constable Power had referred to when accused was alleged to have said "It is quite right." There was no doubt that the Chinaman had lost the vegetables. Constable Power interpreted .the remark, "It is quite right," as relative to this incident.
There was no doubt in the Magistrate's mind that the theft was deliberately done.
Accused was convicted and fined £2, with costs 235, and was allowed one week in which to pay
NORTHERN ADVOCATE, 19 FEBRUARY 1919