RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume II, 31 January 1881, Page 2

RESIDENT MAGISTRATE'S COURT

Fbidat, 28th January, 1881. (Before W. H. Revell, Esq., R-M.) George Barton on remand from the previous day, was placed in the dock on the information of Patrick Carey, for having on- the night of the 25th inst.. feloniously stolen taten:and carried away three £10 notes, and five £5 notes to the amount of £55, from said Patrick Carey, the same being informants lawful property at the time. The accused pleaded " not guilty," and the following evidence was called :— Patrick Carey sworn, said : I am a groom, residing in "Reefton. I know the accused. I recollect the 25th of the present month j During part of that day I was in company with the accused. I was in his company during the evening, I slept at M Quillan's that night. The accused was with me in the hotel, he came to the bedroom as I was going to bed, and again after I was in bed. J had three £10 not os and five £5 notes on that evening*-. Thes'e'totes were oa the National Bank of New Zealand. The money was my property, and 1 had it in my right hand trousers pocket in a chamois bag. The bag now produced is the bag. I know jt by a little hole. While in bed I felt the accused putting his hand about my hip, when I told him to go away. I was lying on the outside of the bed with my tronsers and vest on ; when he came iv the second time I think that Mrs M Q liilan ordered the accused out fof my bed* room. When [ awoke the following morning the accused was not in my bed* room. On putting my hand in my pocket I missed the chamois bag with the money. I did not give the money to anyone. I think that accused knew that I had some money, as I had treated him to drink and offered to pay for his bed. On missing the money I turned over the bed clothes but could not find it, after searching the whole room, I then asked Hugh M'Quil* lan to ask his mother if I had given her any money to keep which she denied. She then came to my room and also made a search, but could find no trace of the missing money. I went to Mr Williams and asked him if,*! left any'monoy with him. He said I did not. I do not recollect sending for the sergeant of police. I was under the iufluence of drink. Cross-examined by accused : I shouted for you on Tuesday night at M'Quillan's. I canuot say if you shouted ; I conld not say that you were the worse for drink, butlwa9 myself. I asked Mrs M'QniU lan to let me go to bed and I told her that I would pay for a bed for you if you wanted. You did not sleep in the same room with me, I recollect you coming t6 the bed room., and bringing two drinks, I did not tell you to turn in in the same bed with me, but told you you could do so in the other bed in the room and that I would pay. I will not swear if the drinks were brought by accused the first or the second time. I did not give you any money. John Pollock I am a carpenter residing in Eeefton, lam acquainted with the accused and the prosecutor, Carey. Was in Quigley's hotel on the night of 25th, and I was with him. He was talking tc me about purchasing a claim in the Cannibal Gorge. Ha said, "[I have the money you need not be afraid about that" He gaye roe the chamois bag Bnd I counted the money contained in it. There were four -£lO notes and five £5 noes ; the bag dow produced was in my possession. I could identify the bajr, by a mark of a watch I used to wear in it. This is the same bag. We were camped together on Quigley's contract, and the bag belonged to Carey. After counting the money he shouteO, and said he would go and make arrangements for purchasing the claim-; I told him to take care of bis money, he then went to Williams's. I afterwards saw Carey and accused standing in the bar at M'Quillan's. This was about 10 o'clock ; I did not see him after that. In the morning I saw him about 7 30, when he said he hal lost the money § as he thought, in M'Quillan's, as Yorkey had been in his bed room and felt him (Yorkey) groping about his persoD. He also said that he told Yorkey to go out of that. At dinner time I heard that Yorkey wanted to lend some money, and that he had cashed some £10 notes and that he had given one to Williams and one to Cochrane to keep for him. In the afternoon I saw Carey about 6 o'clock when I asked him about the money, lie said the money was all rigiit and there was another man spending it about the town to save him (Carey) the trouble. I brought up the sergeant with his consent: I picked up the chamois bag that evening where Williams had thrown it after picking it up after Yorkey. I then tried to find Yorkey.;! found him and took him to Quigley's and shouted for him. I asked him where he got the rise, and he said that he had drawn £27 10s from Breen. I then took Carey down to the station and laid the information. Before we went to the station Carey said to Yorkey that he would go no further in the matter if Yorkey would hand over what money he had left. Yorkey said be could do what he liked: By Court : Carey was half on when he gave me the money to count at Quigley's, He appeared to be sober when I saw him the following morning. Walter Williams:! am acquainted

with tbe accused, and %ith the prosecu* tor. On Wednesday morning, the 26tb, Barton came to my house, and asked me for a drink. I refused him, and told him be always came to me when be bad no money. He said he had plenty of money to pay for his drink. He did not want; it for nothing. He then pulled out fottr single notes and some silver from hi? waistcoat pocket. He after that pro* duced a ten»pouod note. I asked him to give me the £10* note to keep for him, and told him I would give it fo him when be wanted it. He gave me the ten- pound note, it being a National Bank note, and I placed it in safe keeping. I now produce tbe note— the number is 1083. I looked at the number on getting the note. I asked tbe accused where he made tbe rise, when he told mo that he had settled with Breen, and got £33. The night before I saw him go aboot tbe back of the house at 11 o'clock. Tbe following morning I found the chamois bag now produced at the back gtairs, when I came down. I threw it away, and a man named Edward Long picked it up, and put it where it was found by Pollock. Carey asked me in tbe morn* ing if he bad left any money with me tbe previous oigfati,' William CoGbrane : I know the accused, and tbe prosecutor. The accused came to the house about 11 o'clock on t he night of the 2otb. He said be owed the girl at tbe bar 11s 6d, nnd be wished to pay it. He gav3 me a £l-note to pay for tbe account, and pome drinks. I gave him the change. He afterwards had a few words with another party, and went out of tbe bouse. »He returned about 12 o'clock, and camr into the parlor. He then gare me a £10-note to keep for him. I said " Forkey " you have made a rise. He said Breen had paid him £35, and settled up with him. This was getting about bed time, and I closed the house— tbe accused remaining laying on tbe sofa in the billiard»room I put tbe £10-note in the cash bo*. Tbe following day, when •• Yorkey " came for the money, I gave in return one fire and five single notes. Tbe £LO-note I got from Barton was ( a National Bank note. The fiver was tbe same I bad changed for him in the first instance. Cross»examined by accused ; You told me that Arthur Breen bad paid you. Joseph Hyam, a miner working at Golden Point, said : I know tbe accused, also the informant by sight. The ac« cased called me into Cochrane's on Wednesday, tbe 26th. He said he owed me some money, and he wanted to pay me, and that Cocbrane bad some of his money. He requested Cochrßne to pay me the money. Cochrane handed out a £5 pound note and five single ones, and said Barton here is your money. Barton said all right — give it to Hyam. I have the notes now, and I produce them. Barton only owed me a few shillings. I only took tbe money to keep for him till he got sober. This was in tbe afternoon. In tbe earlier part of the day he had given me two single notes, which I had returned to him. Anhur Breen : I am acquainted with the accused and informant. Tbe accused has been working for me up to tbe 220 d instant. On tbe evening of the 25th, I paid the accused 2s. on account. I settle with him every month. The last settle* ment I made with him was on tbe 24th December, ult.— £2 los. WBS then coming to him. We have bsd no settlement since. Since then I never paid bira any money, 1 except a few shillings. There is nothing like £35 or £37, the sums mentioned by previous witnesses, owing to Barton. C. L. Neville, sergeant of police at Eeefton, said : On tbe afternoon of the 26th instant, 1 was informed that a robbery had been committed, by which Carey bad lost a considerable sum of money. I made inquiries, and at a later part of tbe evening I saw the informant. Tbe result of the interview was that I arrested tbe prisoner. I acquainted him with tbe charge. Tbe only remark be made was that a number of persons thought him a new cbum, but that I knew better. On being searched, seven and sixpence only was found on his person. The chamois bag now produced, is the same handed to me by Pollock. This morning prisoner stated to me that the money he had spent had been given to him by Carey. Cross-examined by prisoner : You did not say anything at tbe time of arrest that tbe money tonnd on you belonged to Carey. On being charged by the Court in tbe usual manner, tbe prisoner stated that he had nothing to say, except that the money was given to him by Carey. Ibis closed the prosecution, and the prisoner was committed to lake his trial at tbe sitting of tbe District Court, to bo held on the Bth February. The Court then adjourned.