Archived Extracts

The question of whether a man believed some timber he picked up at Huthwaite had been abandoned had to be decided by the Bench at the Mansfield Petty Sessions yesterday (Dr. J. Palmer in the chair), when Samuel Hallam, of 28, Newcastle Street, Huthwaite, was charged with having stolen between May 21st and 26th a quantity of timber, valued at 5s., the property of Messrs. James Shipstone and Sons, Ltd. Mr. E.S.B. Hopkin appeared for defendant, who pleaded not guilty.

Sidney Bostock, of 78, Sutton Road, Huthwaite, builder, said on May 16th, together with Mr. Smith (Surveyor for Messrs. Shipstone and Sons) he examined a wooden garage in Skegby Road, Huthwaite, at the rear of the "Portland Arms." Lying about on the ground was some timber from the door of the garage, and he was given instructions what to do with these boards. He stacked these together with some other "stuff" against the garage on May 21st, and on May 26th he found a quantity of timber missing and he informed the police. On May 27th P.c. Reddish showed hom some boards which witness identified as similar to the missing timber.
  Fredk. Wm. Smith, of 55, Forest Fields, Nottingham, the surveyor referred to, also gave evidence of identifying some boards shown him by the police officer on May 28th as similar to the timber he examined on May 16th near the garage.

In consequence of a complaint received from Mr. Bostock, P.c. Reddish said he interviewed defendant on his allotment on May 27th, and told hom he was making inquiries about the missing timber, and asked him if he knew anything about it. Hallam replied, "Well yes, it is in the garden shed; I found it lying in the hedge bottom." Defendant then went into the shed and produced two pieces of timber 9ft. 6ins. long, 9ins. wide and 1.5ins. thick.
Witness added that on looking round the garden the noticed three or four lengths of timber, 4ft. 6ins. long, lying on the path, being used as a border. Asked if he cared to say from where he obtained these Hallam replied "I don't know; I have had them three years." When charged with having stolen the two long and four smaller pieces of timber, defendant said "I am not guilty to the four, but I plead guilty to the two."
  Defendant (on oath) said he was 58 years of age, and had worked at New Hucknall Colliery for 36 years, having been unemployed for the last five years. He had never been charged with larceny before. He had seen the timber lying about on Skegby Road since Christmas. It lay at the bottom of the lane about 50 yards from the garage, and he picked up the two big pieces on the morning of 23rd and put them in his hut, intending to use them for the garden path.

He added that the garage door had been in a state of disrepair for six or seven months, and he took the timber thinking it had been abandoned. He had not the slightest intention of stealings. He did not notice any wood stacked by the garage. The smaller pieces of timber had been on his garden for three years. When Mr. Bostock saw the smaller pieces he was not certain they belonged to the garage, but said "It looked like it."
  P.c. Reddish was recalled and said he frequently walked down the lane and he had never noticed any timber lying about except that near the garage.
  Mr. Hopkin, addressing the Bench, said the man admitted picking up the two long pieces, not from the stack close to the garage but from the hedge bottom. The issue before the Bench was whether the man really believed when taking the timber that it had been abandoned.
  After a short retirement, the Chairman said the magistrates considered the case proved, but it would be dismissed on payment of costs in view of the defendant's good character.