DISTRICT COURT.

Manawatu Times, Volume V, Issue 127, 23 March 1881, Page 3

D I STRICT COURT.

Tuesday^ Mabch 22, 1881. [Before bi^ Horfor^Ju^ge .HaVdcastle.] iLARCENY. i' ; -'--- ( V Henry Arthur^ indicted; that he; did, on the 13th of JanuaryT steal and carry away two watc^Sif^Sd'a^uinlity^ ofjewellery^ialhfiLJ£*bie_o£ r £l6V--The-property of Bdward-,MiElwfin. ,-- The prisoner pWaded** Not Guilty 1 ' and was defended by Mr^Hawkins:- --» The following^ur^.jiea« v empanheUed:. — John 0. Thompson (^foreman) William Redding, Hans Savanze, Michael-Keen, Charles Waft^WKJOTichQla^George;. M'Carthy, gharJlsljHujdphaeß, Robert Parr, John Edward J. Perrin. * ''.-■ - Sir Pitiherhprty^brieflj^. adcjresssd-tbe Jury, explaiOft^HhAi; tfite-pro-'eCutor had been a jockey ,»nd3-b<efore priding had given his waistcoat to a Native^to, mind for him. During the race the prosecutor was hurt, audiffielcusfo'dian of the waistcoat handed^ t^Jhj^jprisoner.rtOi mind while he went for ;Subse-. quently it was returned minus 'the goods" with which he is charged wTth~stealing. He called, ■ i ,-j::3sro s- :•:■■■ Edward l M'Elwain, who deposed : lam jockey refi4J2gHn'jWanganui. - 1 was Riding m a race on the 13th of-January at Otaki. I know, the prisoner, but Idp n»t recollect RfflftjjpMm on that Bay. I rode Mustarg m the first race^ Before riding I had m my waistcoat' three lockets, watdhttfal chain- -and a ponnd note. When I took off my waistcoat and gave it to a Matm hoy named-Mason to mind. I identify thp,se,ar N ticles^produced as mine. I met w^tf-an" accident 'while riding. The clothes -W.e ; re n puF into the buggy about half-pasfc twelve. T. gave no authority to ariyone^ojfcHkelhe vratch and chiin . I nex£ (gavL iMe '- w»tch^- and chain on the '. foUowmg tjiay* rwith Constable MUcbdi?*~r M^ ,;.; ; : - Cross-examined : I. toolc'r,ray\ waistcoat off and gave it to MliolS/ felling " him' there was a vrat^h^aoa'cnalbJitnd money m it. I did riofc*eflWra<<tlfe' f amdunt of money. HeUw**"?^ sWe^J^the. clothes until the racewMß over*, tlflast saw the money when<D jgtad&i j clothes to Mason. I looked to satisfy myself/ If was a few minutes befowfhe^ce^tarted. I did not tell him how muctr I met with the accldett^bif6YeHWetv*e^ r'When the clothes were put into tVt4 ? I was sitting m it. I coulffßss*t Hell ' Who took the "^h"" ftiit ftf ,-fhff -' hnt they were brought direct TC ta.my.. room. No one touched them for* thaf fimS~untir I saw Cross Eaton look for the-watch at Six o'clock. rjQJ S,OIC' - - Re-examined: I gave' no authority to Ma<on to tnke the money. *^ Meihana deposed,: fJ jive at. ;Porqrua., I remfniber being* at Otakif buH v d6~n6T remember the day. There w^pe-raoes — horse races. I was present at thejn. I know the last witness, and I saw him at Otaki on that day. He was Riding- ;my horse. I saw him before he rode the-race. He took off his coat and waistcoat and put on jockey clothes^ f-Hejgave-me his coat and waistc'oatr There was something m the waistcoat— a watch and chain, aqd a pound note. The^chain.waa/fastened to the waistcoat. Ittiaw^ttie^things. I would lqnow the watph an<J chauxT The. one produced 'is»tb&Bame. I-was-to mind the things for M'Elwain. T,gave- the clothes to the prisoner. I kno w himjiersonally. I gave the iFotKes to him -just the same as I got them;;froms:prospcutor. T gave them to him so, that I might /etch a buggy tp hplpTJT'Riwairi', wl^Q, faad hfifln hurt. When I eay_e_the^ things.to Artbur^ and asked himitoTook-after them. -'The chain was fastened- tojthe bjittqti;h6le at the time. I got the clothes again: from Arthur. When I got them 'hack they were not m the same conditionr~~When I handed theml foiHißl Jthey j^wdretfblded up, but when I got them back' they were open. There was nothing m the pocket. The watch and .chain and pound note ■were gone. 'When I found, they . were missing, I asked Arthur if Ife' had npt. seen a watch irfjtbeipocket; and he said "No," I told him that a QfieVpoundinote; and a watch and; chain; had •been m the pocket, but they, are now. gone. He said he would go arid look for them, and he went away. It c was, alongrwhile between the time I first accused him. and when- I next saw him, and he told . me he couid not find them, M'ElWain .jiointed out the things m the packet to^me.^- - L Cross-examined : He said .they were m his waistcoat pocket. I did not pnt_my_ bands m the"" pTSSEef; but MUSiwairi opened the pocket and pointed them out. When be was folding th^miup he pointed them out. J was notJongjiway between the time I gave thefelotqeitQ Arthur, and when I came bact-to him it was about an hour. I saw that the clothes were open, and I put ray band i^/the; pocket and found they were raissingi I said, ;ti Henry, did you not fee anythingMn the pocket." I had not told Him what, were m the Tiockets when I gave / thera-to Arthur, as \ was m a hurry. When gave the lothrsto W«Blwain I||^;;iiot 'tell the owner they were gone, <asTt : had tq; ride m a race. ' was afraid^ my master would be angry, and I had to fitfrryi" MnSlwain first asked me about the watoh. . When told me the iwatch was gone. I <lid not tell hiinthat^Airthur^h'ad taken them. I told M' Elwain^that I;had handed the things to Arthur^ '-1 ••- '&? -' i Re.examined j ?I*; -did - not see ikPElwtin from the tnn'e^oP-the accident -uqtil next day. I t^e^ s t,o](d.,him I had given the things to Ajrtbnji.?in'j; .-r -■-■■ To the OourfjcWhen- r. handed the coat and waistcoat ii l*sai I d* Henry, look after these tbin|s& * I said: nothing else. Hakaria depAed^:^£am si nalfcaste. I live at Otaki aifl 1. kuo.w^ the prisoner. J saw him there on the day of the races on the course,- I ftbjofsa^hjm-aftef wards" playing with dioe^jFfe iwas playing for money. I saw offering a note - for his stake, He got hack nineteen shiU lings. 'jt *'■■'■'!;■ :; ;. ,■'•■ ' ■■•■ : - Cross-exami^J -WM about . five m the evening when I saw -him playing dice. I had not spoj^ea to him on - the course. ■ •■■'">». ""'■'■': /. "... " '>'' Constable Mitchell examined > I remember the day" of. the: Otaki Races ■ which were on \be 12th. At that time I did not see the 'prisoner, but I saw him next day, and told, him that .a robbery had been, committed^frpi^ .clothes ,whioh had been m bis ; pios^essl6h," and "asked him if he knew anything ab,out it. I told him the clothes HloTijjeasitf^M^Elwain/ He acknowledged, haxingTbad ,|hg clptibes m his possession j^jLicfc^d* been to him by a natiY^calle^l^iJbaafeT ijufr: »aid he knew no^pgfi^pat^thle; jewellery. I saw hin» later on thfejaTnelday tv^hen I arrested hin» on th^^xhayge^af' haying; •tolw tb« prQDerty,' Wfeft t wrested

him we walked to the station-together.-the prisoner said, "I will, clear myself and get some one else into trouble." Yesterday afternoon I met a grey-headed Briari poming across the race course- with a watch and chain iv his hand. - I asked him where he got that" watch_and chain from, when he said,-" Never "mind," yougo and bury the "watch "and chain iri_a' .coanec-opposite the post-office and I will -know where to find it on my return-from^ -Foxton." I then went with prisoner to the place indicated and found the stolen property, wrapped up inthe handkerchief how produced. It was m the shed covered over with earth. Prisoner removed .theeafffi with hia hand, and on my'tak-ing-the, handkerchief from the ground, so :that;.hoth the prisoner and my self could see the contents, he asked "is that what _yqu_want. - ' ; At the station I- searched 'the 'prisoner wh'erehe^told m» he had no* thing, and also stated I hat he had had no other money m bh: possession during the time he hadbeen m Otaki. r Cross-examined: I sai3 at the Resident .Magistrate's Court that I had asked him what money -he-had ■, and he -told- me he had but eight shillings. '• X do-not, re? member there being any conversation as we were going to the station. S asked him no question*." ■■•---• Whon I first told him about the robbery, he said he received the clothes fr m Mason, but knew nothing about the missing articles. Mr Fitzherbert having addressed the Jury, ' Mr Hawkins replied m defence, contending that prisoner never held any other positian that of a bailee, and that when he was asked for the goods he immediately delivered them up. - The Judge briefly summed up,, and after a short deliberation the Jury brought m a verdict of "Guilty,'' and he was -remanded, for sen trace. - : " xarcent." '" Patrick M'Grath was charged with stealing and receiving a gold watch, the property of Antonia Belvee. The prisoner who was undefended, pleaded. " Not.Guilty," The following Jury were sworn : — James»H. Fry (foreman) Charles Humphries, George M'Carthy, William Reed, Alfred Da ws&n,..Jjunes .Whisker, John G. Thompson, Henry Burrell, Tnomaa, M. Drummon 1. J»hn MKeown, Thomas MBnimmond, John M'KLeown, Thomas Mifchell, an 1 Edward John Perrin. ; Mr Fitzherbert having explained the main fact* of the case called . Antonia Bell ve, who deposed: lam "the daughter of Esteven Bellve, who keeps a hotel m Feilding. Prisoner was engaged m the hotel. On the 19th of November T bad a gold lever watch, which I was wea-ing on that day. I missed it early m the morning. I was wearing it 'on^the'kimbolton Road, about quarter of a mile. When I looked at the watch it was ten minutes. past six. I missed it about a quarter to seven. I am sure I had it at the railway crossing. I met the prisoner on the road. The prisoner met and passed me. He was m my father's employ, driving cows.. When I missed it T turned back. I had been on the high-road the whole way. I did not .find the watcty and then I went home and -made the loss known. Its value was .about £20. The prisoner remained m : my-father*s employ for some time after T lost it One* jprisoner asked me if I had found it, and I told him no. I next saw the watch m the possession of a constable m Marton. I asked prisoner on the morning of the loss if he had seen my jEaidiJULthe road, and he said no. The watch produced is mine. I never gave it away The! prisoner remained m ray father's emnio* until the watch had been found. When he asked me if I had found it it was shortly before he left. Esteven TCelvee deposed : lam a hotel keeper at Feildini?. The lust witness i>« my daughter. She was the po^ses-sor of a gold watch m November, wl T saw her woar it. T also r*memb r her losing |t. Three or four went al<o the Kimho]tpn Road to look for it. It was immediately after the loss was made known. . The watch was' hot fonnd. until we got the- news from 1 Marton about a month afterwards with the eonsttble. Everybody knew of th? loss as it was advertised. I know the prisoner, who was with me for some months. I asked him if. he saw the watch, but be said he bad hot That produced is the one lo«t. '• "Alfred A very, the watchmaker m Marton, to whom prisoner sold the watch for £4. was ne'xr taken, and after that the arresting Constable, but as the prisoner admitted m thr course of examining a witness, that he had fonnd the watch, there could be very little doubt of his guilt. Thh was supplemented by a confossion by the prisoner when making his statement.