A Chemist Arrested.
United Press Association, by Electric Telegraph
DUNEDIN, Oct 30.
Alfred Oudaille, a chemist, carrying on business in the north end of Dunedin, was arrested to-day on a charge of stealing four boxes of Vanity Fair, 38 boxes of Old Judge and 71 boxes of Three Castle cigarettes, of a total value of £80. Rattray and Son, merchants, had been missing tobacco and cigarettes from their stores, and it is alleged that some of the missing goods were found on Oudaille's premises.
DUNEDIN, Oct 31. Oudaille was remanded till Friday, bail being refused.
The police intimated that others were concerned, and that a large quantity of tobacco was still unaccounted for. -Ashburton Guardian, 31/10/1906.
THE TOBACCO ROBBERIES
OUDAILLE BEFORE THE COURT.
COMMITTED FOR TRIAL.
At the Police Court yesterday morning, before Mr C. C. Graham, S.M., Alfred Octave Oudaille was charged that, between August 1 and October 27, he did steal 14 boxes of Vanity Fair cigarettes, 38 boxes of Old Judge cigarettes, 71 boxes of Three Castles cigarettes, and two boxes of tobacco, of a total value of £90 12s 8d, the property of J. Rattray and Son. Chief Detective Herbert prosecuted, and Mr Solomon appeared for the accused.
Chief Detective Herbert said that in July, 1905; the firm of Rattray and Son received a trial shipment of tobacco known as Harlequin, an uncommon brand here. The shipment was removed from the ship to the store, the key of which was always in the hands of the Customs. All goods removed from the bond had to be stamped by a Customs officer, and those boxes of tobacco were so stamped. Two boxes of tobacco would be produced, part of the goods cleared on October 25, 1905, and the history of them would be traced, the evidence showing that the two boxes found in the accused's possession were part of a shipment, and were not sold by the firm. They were found to be missing on October 27, and the matter was reported to the police. The whereabouts of the whole shipment would be traced out. It would be shown that two cases of this tobacco were still in the bond store. The cases were numbered from 1 to 5, and 4 and 5 were in the store. Fifty-eight boxes of cigarettes of different brands would be produced - cigarettes that had been traced to accused's possession, and that bore the Customs stamp of dates corresponding to the dates on which the goods were cleared from the bond store to the free store, there would be evidence also that accused was selling these goods at a price below the usual price — a price that a retailer could not hope to sell at. The evidence of the police would show that when these boxes were traced to his possession he failed at first to give any account of them, and later, when pressed, he made different statements as to the persons he got them from.
Charles W. Rattray (of Rattray and Son) said that within the free store was a bond store, in which were kept goods subject to duty. Tobacco and cigarettes were kept in that store, and the key kept by the Customs Department. The bond portion of the store was opened by the Customs. In July, 1905, they received a shipment of five cases of Harlequin tobacco, 4-1/2's, each case containing eight boxes weighing 201b each. The lowest wholesale selling price by case would be 4s 9d per lb, including duty, and 4s l0d to 4s 10 1/2d by the box of 201b. They were the sole agents in New Zealand for this tobacco. They also kept Vanity Fair, Three Castles, Old Judge, and Myrtle Grove cigarettes.
John Reid, Customs and shipping clerk for J. Rattray and Son, and in the employ of that firm for about seven years, said it was part of his duty to clear goods from the bond store to the free store. The Customs book (produced) contained entries of goods so cleared. The book showed that on Juno 25 a half-case of Old Judge cigarettes (contained 50 boxes) was cleared. Those goods would boar the Customs stamp of the 25th June, 1906. On August 29 also cleared 50 boxes of Vanity Fair cigarettes, which would likewise bear the Customs stamp of that date; on 24th September 50 boxes of Old Judge cigarettes: on 1st October 50 boxes of Three Castle cigarettes; and on 25th October, 1905, a case of Harlequin tobacco (containing eight boxes). Had never known a clearance of tobacco, cigars, or cigarettes to be made without the goods bearing the Customs stamp of the date on which they were cleared. Of a shipment of five cases of tobacco two cases, each containing eight boxes, remained in the bonded store. Cleared two of the remaining three cases, and the third case was sold to John Peterson and Co. direct from the bond.
James Kennedy, Customs officer, Dunedin, said it was part of his duty to write out the warrants showing that goods had been declared to the free store. A Customs officer kept the key of the bonded store. When tobacco, cigars, or cigarettes were cleared they were stamped with the Customs stamp. The stamp on the boxes of tobacco and cigarettes produced was the recognised Customs stamp. That stamp was in the possession of the stamper all day, except during lunch hour and at night, when it was kept in the safe, of which witness held a key. Knew that John Peterson cleared one box of Harlequin tobacco from Rattray and Son's bond.
William Alexander Brown, stock clerk in J. Rattray and Son's employ, said it was his duty to keep an account of all tobaccos, cigarettes, and cigars that came into the bonded or free store, and to write-off any of the same class that was sent out. Periodically checked the stock with his accounts (produced). On July 2, 1906, checked the stock by making a note of the number of boxes of cigarettes in the free store. There were then in the free store 46 boxes of Vanity Fair, 26 of Three Castles, 50 of Old Judge, and four of Myrtle Grove. Again checked the stock on August 1, and then found in the free store 36 boxes of Vanity Fair, 49 of Three Castles, 34 of Old Judge, and six of Myrtle Grove. On October 15 checked the stock again, and found in the free store 23 boxes of Vanity Fair, three of Three Castles, four of Old Judge, and none of Myrtle Grove. Witness's stockbook showed all the quantities of cigarettes and tobacco (excepting less than a box) that went out and all that came in. The brand of Harlequin produced corresponded with what Rattray and Son had in store. On October 15 counted the number of boxes of Harlequin in the free store, and found seven boxes of 4 1/2's. Checked same stock again on October 29, and found two boxes less, there being only five boxes there then. On November 3 took a note of the Customs date on the five boxes. The date on four of them was October 25, and on the remaining one August 3. The boxes produced corresponded exactly with what was in stock in the free store about October 29. Knew the firm's selling prices of the tobaccos in stock. The price of Three Castles per box varied from 17s to 17s 6d; Old Judge, 18s 6d per box; Vanity Fair, 17s to 17s 6d; and Myrtle Grove, 17s to 17s 6d.
James Kennedy recalled, produced the Customs notes showing clearance of one case of Harlequin (eight boxes), date January 5, 1906, from Rattray's bond to Peterson and Sons: also of two clearances by Rattray and Son on August 3 and October 25, 1905. That accounted for three cases of the British Monarch five-case shipment. The other two cases witness had seen in Rattray's bond.
John Cavanagh, head storeman for J. Rattray and Son, said it was his duty to open the store in the morning and lock it up at night. Took delivery of all goods that came into the store and that went out. Nothing could be taken out during working hours without his knowledge. In October last Mathewson was in charge of the sundry store. Had a conversation with Mathewson, and reported the same to Mr Rattray. Remembered the clearing of 50 boxes of Three Castles from the bond to the free store on October 1 for removal to the sundry store. Had not sold 50 boxes of Tliree Castles between October 1 and October 15. Was not aware how many were sold in that time. Since October 25, 1905, to October, 1906, one box of Harlequin 4 1/2's tobacco was sold out of the free store to Jolly, of Cromwell. That was on November 10, 1905. One box was sent into the sundry room in April last to be broken up. Part was sold, and part remains there. The Customs stamp on those boxes was October 25, 1905. That was the date of the stamp on the boxes produced in court. Sold no boxes of Harlequin tobacco, outside of the one sold to Jolly, bearing that stamp. That enabled him to say that the two boxes produced were the property of J. Rattray and Son. If they had been sold they would have passed through witness's hands. It was correct that J. Rattray and Son were the sole agents for Harlequin tobacco.
Archibald A. Mathewson, head storeman for Mackerras and Hazlett, Dunedin, said he was in charge of the sundry room at J. Rattray and Son's up to October 3, having been there four years previous to that date. When there it was part of his duty to receive goods taken into the sundry room. These left his possession under orders from the head storeman. Those goods were generally packed by him for sending out. Remembered Saturday, October 15, when he closed at 1 o'clock there were in the sundry room three boxes of Three Castles, from 25 to 30 boxes of Old Judge, a few taxes of Myrtle Grove, also some 50 Vanity Fair. The Three Castles had been there from October 1, and the Old Judge for a longer period. When he returned to work on Monday 5th, he found a lot of the cigarettes missing. Two boxes of Old Judge cigarettes were remaining. There must have been from 23 to 28 stolen. No Three Castles and no Myrtle Grove remained. He could not remember the date of the Customs stamp on those boxes. He reported the loss to Cavanagh. These goods could not have been given out by his orders. They were there at 1 o'clock on Saturday, and were missing on Monday morning.
Witness Cavanagh, recalled by Sir Solomon, said he could not remember if any other of Harlequin tobacco were in stock when the lot came in on October 25, 1905, nor did he know what was sold just before that. Knew from memory that only one box of Harlequin 4 1/2's was sold between October of 1905 and October of 1906. Also knew that some of this particular kind of tobacco came in before October 25 of last year, but did not know what became of it. The only means he had of knowing whether the two boxes missing had been sold would be by a book entry made by someone else.
To Chief Detective Herbert: The manner in which orders arc made is that the traveller sends in his order, of which there are two copies. The original is posted by a cleric in a book kept by witness, and from these orders witness makes up his orders. When the order has been filled and the goods sent out the order sheet for each lot of goods is ticked off accordingly. The Harlequin tobacco being a long time in stock, witness was well acquainted with the stock that was there. The two boxes produced in court, could not have been sold without his knowledge. He also kept a book for town orders. He had made a thorough search for anything relating to the sale of these two cases of Harlequin tobacco, and had found no record of the sale of such since October 25. 1905.
George Thomas Sutcliffe, residing at Albany street, said he had been in the employ of the accused for over five years, and for the last three years as traveller both in town and country. Travelled for orders for drugs, stationery, and household remedies. Also took orders for cigarettes if they were asked for. He would send the orders for these through to his employer. Had no idea when he first received an order for cigarettes. Took all orders in writing and entered them into a folio book. Retained a duplicate of orders sent, from the folio book. Had looked in one book only for orders for tobacco, and found only one entry for a sale of cigarettes when on a trip south on October 1 last. That was all he could find among one country book. Kept a separate book for town orders. Had sold cigarettes in town at various times. Two parcels were brought to ther shop on a Friday night between 5 and 6 o'clock, and the person who brought them asked for Mr Oudaille. Witness informed the person that Oudaille was not on the premises. The person who called then placed the two parcels behind the counter, saying, "I will see Mr Oudaille myself." I did not know that person. When Mr Oudaille came in witness said, "There have been two parcels put under the counter for you," and then walked out. Accused did not say anything. The person who brought the parcels was young — about 25 years of age — and dark. Was busy at the telephone at the time, and could not say whether the person was clean-shaved or otherwise. Might not know that person again, and, further, had not seen him since. Saw two boxes of Harlequin tobacco in the shop next morning in the same spot in which they had been placed the previous evening. Was informed by accused that he was selling the tobacco on commission for a person, and that he (witness) was to sell the tobacco at 4s 6d per lb. Had not sold stick tobacco under instructions from accused before. Witness quoted the tobacco to Aitken, grocer, North Dunedin, and he replied that he would take it if the tobacco was eight to the pound. The box contained 4 1/2 to the pound. Took an order from Aitken on the condition that he was to get the tobacco if it was eight to the pound. When he returned to the shop on Saturday afternoon the tobacco was still there. Did not notice it again after that. Remembered seeing cigarettes at accused's shop about two days after returning from the country in October. That was in the evening. Accused was also in the shop. Saw from 15 to 20 boxes of cigarettes — Old Judge, Three Castles, and Vanity Fair. Accused told him to sell these cigarettes, and named the prices — the Vanity Fair and Three Castles at 16s 3d per box, and the Old Judge at 17s 3d per box. Accused did not say where he got them from, how long he had had them, what he paid for them, nor on whose behalf he was selling them. Witness sold one box of Three Castles to Kilpatrick and Paton, tobacconists, George street; a box of Old Judge to Buskin, grocer, Frederick street; and a box of Three Castles to Fraser, storekeeper, South Dunedin. On his south trip sold a box of Myrtle Grove to Newton at Nightcaps for 18s 6d; also sold a box of Vanity Fair and a box of Three Castles to Mowat, North-East Valley, but these were not delivered. In all these cases had solicited for orders. On previous occasions in the country had sold cigarettes only when asked for them by persons with whom he transacted business in other lines. Had never seen cigarettes brought to accused's premises by anybody.
Alfred Houghton, a boy of about 15 years, residing at Grange street, said that he had been in accused's employ six months prior to the arrest. On reaching the shop one morning saw two boxes wrapped up in brown paper under the counter. Opened one parcel, and found it contained a box of Harlequin tobacco. Did not touch the other parcel. The two parcels were similar in size. The parcels were not at the shop on the previous night. Saw some cigarettes in the shop about two weeks before accused's arrest. Noticed them first when coming to work in the morning. There were in the office unwrapped about 20 boxes of Three Castles cigarettes, about four of Old Judge, and about a box of Vanity Fair. About a day after witness first noticed the cigarettes, they were, with the exception of a box of Three Castles, sent away to Fairbairn and Wright, indenters. An account was sent with the cigarettes. Collected an amount equal to £23 10s from Fairbairn and Wright, and gave a receipt for same. On returning gave the cheque for above amount (£23 10s) to Oudaille. Did not know what became of the one box of Three Castles. About 10 days before accused's arrest, on arriving in the morning, saw a further lot of cigarettes at accused's shop. There were in the shop then all that the police took away, excepting three or four boxes. One of those three boxes was delivered by witness to Kilpatrick and paton, George street; one box to Buskin, Frederick street; and a box to Fraser, Helena street, South Dunedin. During the six months in accused's employ was sent on two occasions to purchase cigarettes. On each occasion bought one box at Moody's, paying 16s 3d for Three Castles and 17s 3d for Old Judge. Thought they were sent out with orders. Delivered one box of Harlequin tobacco to Aitken's carter, who called at the shop for it. Told Oudaille that he had delivered that box when he came in to the shop.
William Aitken, grocer, carrying on business at 91 Albany street, stated that on Tuesday, October 30 last, he sent his carter to accused's shop for a box of tobacco, which he subsequently found was Harlequin tobacco. It was supplied at 4s 6d per lb. Witness wished to get 8's, but was suitable at the price. The police subsequently took possession of the tobacco.
Hugh Francis Wright, partner in the firm of Fairbairn, Wright, and Co., Moray place, deposed that he had known accused for about three years, and had done business with him in sundries. Accused rang him up on October 4 and said he had some cigarettes for disposal, and mentioned that he wished to meet a bill. He quoted, for Three Castles 16s per box; Old Judge and Myrtle Grove, 16s 9d per box. Witness did not want the cigarettes, but as he wished to oblige accused he bought them. The cigarettes were brought to witness's place of business by the firm's own carter. With the exception of 10 boxes, the cigarettes were handed over to the police. The boxes not handed over had been disposed of. — To Mr Solomon: Witness was not surprised at the prices; Myrtle Groves were rather high. Witness sold to accused at net trade cost, and bought from him on the same terms.
Thomas Fraser, storekeeper at South Dunedin, stated that on October 26 he ordered a box of Three Castles cigarettes from Sutcliffe, accused's traveller, at 16s 3d. The cigarettes were delivered the following day. He paid the usual price, 16s 3d, for the cigarettes. The box of cigarettes was subsequently handed to Detective Hunt. He had not previously ordered cigarettes from accused, but had bought household remedies from him.
William E. Buskin, storekeeper in Frederick street, said he had known the witness Sutcliffe for five months. About the 22nd Sutcliffe was at witness's shop, and witness bought one box of Old Judge cigarettes at 17s 3d. Cash was paid for the cigarettes, and a receipt was forwarded with them signed by Oudaille. The price he paid was the price he was accustomed to pay.
Robert B. W. Paton, partner in Kilpatrick and Paton, hairdressers and tobacconists, George street, stated that he had transacted business with accused through Sutcliffe, and on the 20th received a box of Three Castle cigarettes from Oudaille at 16s 3d. The price paid was the usual price.
Detective Mitchell slated that on October 30, in company with Acting Detective Hunt, he took possession of a box of Harlequin tobacco with a Customs stamp dated 25th October, 1905. The tobacco was taken from the premises of Aitken. He went to accused's chemist's shop afterwards, and found accused behind the counter. In answer to a question accused stated that his name was Sutcliffe. He admitted that he had a box of tobacco in the shop, and showed a box of tobacco (Harlequin) under the counter in the shop. He also admitted that he had cigarettes, and showed 26 boxes of Old Judge, Vanity Fair, and Three Castle cigarettes. When asked where he had got them, accused went into the front shop, and commenced to make a statement, stating that he had been buying cigarettes for years, and said that he had bought the cigarettes from a man in the street, also the tobacco. He concluded the statement by saying. "I have...." not and finished by saying he would not tell from whom he had got them. He refused to give a description of the man from whom he bought the cigarettes. He said he bought the cigarettes from several men. He said he did not buy the tobacco; it was left in the shop, but he did not know by whom. He stated that he had not sold any tobacco. Later he said, "I will not tell you anything; I will only make a mess of things." The chief detective and Detective Hunt afterwards came into the room, and in answer to the former, accused said he got the cigarettes from a man, but refused to give a description. The accused was then arrested and taken to the station, and when charged he did not reply. On the morning of the 31st, when escorting accused from the Police Station to the Courthouse, accused said he had had a very bad night, and that he wished he had told everything about it the previous day, but it was too late now. He said he would get out of it, and that he had a receipt from a man, and that the receipt was in a strong room. He afterwards said he did not know if there was a name on the receipt. On the same afternoon witness, in company with Hunt, saw Sutcliffe in accused's shop, and told him to open the safe. The cheque book (produced) was in the safe. The butt No. 7686 of a cheque contained an entry October 4, 1906, self, part payment for cigarettes, £20. Two day books were also taken possession of, one of which had entries of sales of cigarettes to Buskin and Fraser. Witness found 22 boxes of Old Judge cigarettes in accused's shop, also one box of Vanity Fair and three boxes of Three Castle cigarettes. Twentyseven boxes were also taken possession of at Fairbairn and Wright's. Cigarettes were also taken possession of from Buskin. Fraser, and others, all of which were produced.
Acting Detective Hunt gave corroborative evidence.
Mr Solomon admitted that there was a case to answer, and reserved defence.
Accused was committed for trial, the same bail as before — £200 in self and two sureties of £100 each — being fixed. -Otago Daily Times, 16/11/1906.
NOT GUILTY.
(Press Association.) Dunedin, November 22.
At the Supreme Court to-day Alfred Octave Oudaille, chemist, was charged with stealing a quantity of tobacco and cigarettes, and on a second count with receiving goods knowing the same to have been stolen.
After hearing the evidence for the prosecution Mr Justice Cooper said he did not think there was evidence to go to the jury on the first count.
The Crown Prosecutor agreed.
Mr S. Solomon, for the defence, said the accused and his friends were anxious to have the matter fully enquired into. The cigarettes were sold to accused by a. man. who said he had been recommended to go to him by a friend of Oudaille's named George Moon. The man said he had been in business in Christchurch and disposed of it. He came to Dunedin thinking to open here, but as there was no opening he was trying to get rid of his stock. After further conversation Oudaille bought the cigarettes and got a receipt signed "W.G West." Later on he bought more, and got a receipt, having made a profit on the first lot. The man then offered two boxes of tobacco, but Oudaille said he did not deal in tobacco. Subsequently he agreed to try and sell tobacco for 5 per cent. commission. Inquiries made went to show that the real name of the man who signed himself "Wes" was Sharp. This man had been employed in the office of the Flourmillers' Association, and admitted to the manager that he had sold the cigarettes to Oudaille, giving a false name. Sharp could not now be found.
The accused gave evidence in support of counsel's statement.
After a retirement of forty minutes the jury returned a verdict of "Not guilty," and Oudaille was discharged. -Bush Advocate, 23/11/1906.
Breaking and Entering. — George Stanley Sharp, for whom Mr Irwin appeared) was remanded till the 10th inst. on a charge of having entered the warehouse of James Rattray and Son and stolen tobacco and cigarettes, of a value of £90 12s 8d. The same bail was allowed as before. Illegally in a Billiard Room. — Spencer Morris, Alfred Oudaille, John Walsh, and Will Wishart were all charged with having been found in the Carlton, Billiard Boom after hours. Mr Emslie appeared for Morris. All pleaded guilty. — Mr Emslie said the men were ignorant that they were breaking the law. The room had been closed, and no play was going on. The men were going to supper with the proprietor, and were waiting while he ironed the table. All were fined 1s and costs (7s). -Evening Star, 3/4/1907.
COLLAPSED AT BILLIARDS.
While taking part in a game of billiards Alfred Octave Oudaille, aged seventy-three, collapsed in the Grand Billiard Salon in St. Andrew street at 4.30 on Saturday afternoon. He was removed to the hospital but expired before he could be admitted.
An inquest was held yesterday afternoon, Mr J. R. Bartholomew, S.M., sitting as coroner.
Evidence was given by the deceased’s wife, who said her husband had never been attended by a doctor since he was married, but for the past few days he had been complaining of chest pains.
Dr Evans, who examined the body at the morgue, said he was of the opinion that death was due to heart failure, following degeneration of the heart muscles.
The coroner returned a verdict in accordance with the medical evidence. -Evening Star, 24/3/1930.
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