JAMES CARROLL, HUBERT VICTOR TRAYNOR.
25th April 1911
Reference Numbert19110425-58
VerdictsGuilty > pleaded guilty; Guilty > unknown
SentencesImprisonment

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CARROLL, James (22, carman), and TRAYNOR, Hubert Victor (32, carman) , both stealing one parcel containing 108 copies of the "Graphic" newspaper, the goods of William Frederick Danvers Smith and others, the masters of Traynor; Traynor, unlawfully inciting John Wayre to steal the goods of his masters, the said W. F. D. Smith and others.

Carroll pleaded guilty.

Mr. F. C. Wynn Werninck prosecuted; Mr. Beachoroft defended Traynor.

GEORGE WILKINS , 48, Commercial Road, Lambeth. I am porter to W. H. Smith and Sons, Fetter Lane branch. On April 6 I was loading up vans. Prisoner was there. I was assisting in loading his van. Wayre was not there then. I saw him just before that with prisoner. I heard prisoner say, "If there is any chance of getting a bundle I will have it." I did not say anything. There were 10 bundles inside the door in Bartlett's Passage to be loaded on Traynor's van. They were checked as they came out by Lloyd. I loaded eight, then Traynor handed him a bundle off the van. Carroll took it away. I went in and gave information to Lloyd. Before Traynor whistled he asked me where the governor was; I said he was inside. After the parcel had disappeared I got the book from Lloyd and handed it to Traynor. After I put the ninth one on Traynor said, "I have got eight bundles now and I have only a ticket for seven. I told him to see Lloyd about it. Mr. Willmot, the overseer of the warehouse, had then gone after Carroll. Traynor went to the warehouse to rectify his book. Carroll is not in Smiths' employ. I have seen him on Traynor's van before.

Cross-examined. Carroll was in the employ of May and Son, who cart for Smiths'. Carroll does not carry bundles. He has left Mays' some time. If the delivery book showed a less number of parcels than was on the van it would be Traynor's duty to go in and rectify it, and inquiry would be made. I had carried out eight parcels. I did not walk away to fetch the ninth; I stayed at the van a little while; we generally have a blow for five minutes at the top of the court. I was about a yard from the van when Traynor whistled. Before he whistled he said, "Where is my boy?" meaning Carroll, who was at the bottom of the turning. I do not think I had said that before; I have only just thought of it. Traynor has a vanboy; it is not Carroll. I saw Carroll standing at the bottom of the court the previous morning. The words Traynor used when he asked where the governor was were, "Is Mr. Willmot there?" He also said "the governor." When Carroll came up after Traynor whistled Traynor gave a bundle to him and told him to put it on his shoulder. Carroll went down the street with it. It was not my duty to prevent him. I told Lloyd, "A bundle has just gone; if you send Willmot the

other side by Wallis's you will catch him." I did not tell Lloyd how it had gone; I told him that afterwards when he came back. Traynor was arrested two or three hours afterwards. He had been sent out on a jonrney. Willmot arrested Carroll.

CHARLES LLOYD , checking clerk, Messrs. W. H. Smith and Son, Fetter Lane branch. I checked nine bundles into Traynor's van; there were 10 stacked ready to go. Wilkins was carrying them to the van. At first I had orders to check seven into it. The vans have to get out by a certain time and if we think we have time we sometimes put on more. The book was made out for seven bundles. I told Traynor I had checked nine in. I had orders to give another three, as there was plenty of time. The number on the delivery note would be increased. I should not make out a fresh one. Wilkins would hand that to the carman. I have seen Carroll in Traynor's van; he had no right to be there. After Wilkins had taken the eighth bundle out he made a communication to me and I informed the overseer. I went to the van. There were eight bundles there; I had checked nine.

HENRY WILLMOT . Last witness told me a man had gone with one of the bundles. I ran after Carroll and caught him; he was then carrying the bundle.

CHARLES JOHN WARE , carman to Messrs. Smith. I saw Traynor on April 6 at half-past 8 when we came to work there. I had a van there. About 11 o'clock Traynor said to me and Wilkins, "Any time you have a bundle I can always get rid of it." I do not know Carroll. I saw him that day; Traynor pointed him out to me; he was standing at the bottom end of the street, where he could see the vans. Traynor said, "There is the fellow that will take the bundle away for me." This was about an hour before the bundle was stolen. I saw Traynor again just as they were fetching in Carroll; he said, "It is all up now; what shall I do?" He then went down the court.

Detective-inspector HINE , City Police. On April 6 at 2.30 I saw Traynor in Bartlett's Buildings; another officer was with me; I said to Traynor, "We are police officers; I must caution you to be careful what you say. Did you see anyone remove a parcel from your van this morning." He replied, "I did not see the parcel stolen; I must have left my van at the time; I never touched it." I said, "I under-stand you know a man named Carroll." He said, "Yes, I do know him." Then I told him he would be confronted with another man. He was then confronted with Wilkins, who said, "That is the man; he handed the parcel to Carroll." The accused said, "You never saw me hand the parcel to Carroll; it is a lie; I never touched it"; and then to me he said, "I found I had eight parcels on my van and my book showed I should only have seven, and I went to Mr. Shaw and told him I had one more than I ought to have."

(Defence.)

HUBERT VICTOR TRAYNOR (prisoner, on oath). I have been in Messrs. Smith's employ about three years as carman. I was seven

years in the Royal Horse Artillery. On April 6 I got to Bartlett's Passage at 8.30, and at once reported myself. I didnot say anything about assisting anybody to steal a parcel. While Wilkins was loading the van I was smoking a cigarette at the back of the van. I was not there all the time. I went to the men's lavatory, which is some distance off. Wilkins is not correct when he says that after placing a parcel on the van he stood for a blow. I did not handle any of the parcels. I didnot give one to Carroll. The delivery book was brought to me after I came from the lavatory. I then counted the parcels; there were eight on the van and the book said seven. I went to make my way to the warehouse to find the manager to inform him of the mistake; he came through the door. I told him. We west to the van; he took the book off me and went searching for the checker, Lloyd. The bundles were taken off my van. I was told to go to the front yard and put types on for the compositors' works at Tallis Street. Nothing was said to me about the missing parcel. I saw Mr. Willmot come up with Carroll. Wayre was not there then. I saw him after-wards, but did not speak. I did not say to him, "Things are all up now; what shall I do?" or anything like it. I first heard of the matter from Inspector Hine.

Verdict, Guilty.

Sentences (each): Three months' imprisonment, second division.


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