RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume V, Issue 138, 30 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesdat, J^kii. 2^3*Sl. [Before the Re«|ient r^^istr«e.] Edgar Lionel Curtis wa^bhargedi upon theinformaf ion oi Neßbitt^HenryiJumsden, horse-deiler, of. Wangapui, tliat he did, onthe 25th instant, felotiioqsly steal, tike, and carry away certain knaney to theampunt o(^2o. [':<[ ; "'jj .; "l- --• ihe : prifbnei' was r iindef(^nded^S~| In tbe absence of Constable Gillespie, who was detained at Wanganui Jr -Cpn,rr stable Trice conducteci tbTe prosetution, kad called . .'. ■. , Nesbiit-Henry Lumsden, who def oseap .1 am a horse-dealer, residing at Wan--gantii I hire known the accused for about five years. I remember the 2<tb' of this month,' when "I was at CarrollV Hotel. I saw the defendant there!. It was about half : past ten o'clock' at night. Accused went to Carroll's with me. :• We were m the passage,, standing at one of the bar windows. I bad £29, beside oorae »ilver, the amount. 6f which I cannot recollect. There .was a. £2o-note, and nine single notes, and about fifteen shillings m silver- The notes were: wrapped up together m my pocket-book, m my c'datf pocket, a»>d the silver was m my trousers pocket.. There was an elastio band round the pocket-book, which! was m the breast pocket. I took out my pocket-book with the iiifen'tibn of giving the barmam my money to take care of. Accused, a young fellow, and a waiter named John Stohl, were standing beside me, and the barman waa m the bar. I i«ked him to come to me, as I' was going to count the money before giviag at to him. I opened my pocket-book for! that purpose, when the notes were all right, the £20- note being wrapped up m the, smaller oiies. I laid them on the small window ledge of the, bar door. There was a quarrel outside, and I picked them up again, prisoner remarking that there was a £20-note m the book. When I picked up the money, I put, the elastic band round it, and went outside; having first put the purse m iriV Kre,ast. pocket. When I got outsidel was assaulted, an«l I took off my coat, folded it- up, andjgave it to the accuied, telling him, to take care of it.. After the quarrel I went to the accused, and asked him for the jcoat. The quarrel might have occupied -from seven 'to ten minutes. I had several, drinks, but knew quite well what I had" been doing. I had several whiskies that, night, but it is very rarely; I d^inkihard stuff. When I asked the, accused for tbe coat, he first said be bad left it omtside. and then immediately afterwards he] said the barman had it. I then asked theibarman, who said there were several ioats there, and lifted up some: I selected mine froji the lot. I then took] my, pocket-book onVto' count the money,' and' the accused came m with* £3V saying " Here is some of Lurasden*s; money. ? At that time I did not knqw -of my halving lost any money. The book was m the" breast pocket, but th» elastic;- band , was missing and it was m the' condition it now is. When I counted the money I found I bad six single .notes* and when . the three were handed: to rae it made nine. Finding that the £2<>'nbte > was missing, I asked theaecuseif where be bad got the three notes. He said that be had picked them up on the footpath, next; to a ladder which had been lying: outside!. I can get the number of the £.20-note, by telegraphjng to Benjamin Chad bolt, 1 the man from whom T received it; ; t then inquired all .round to see if any one jhad 1 founid if,'- but without suceeis. Accused give me no reason for . havjng left i the' coat dawn, after he had taken eharg* \<>f it. ••' : -■■■■• \ ' ■-■ To the Prisoner : Ton met me aboiut a quarter- past ten. We went to Garr^H's Hotel I asked you to have a drink. Wp had two: drinks at the ba^ j /the 6rst drink was at the bar window m- toe passage.. There was no shaking for drinks. I de not remember tb.e barman suggesti '• m» thafr we should "shstke inthe hat" as he had no dice. . I, would rot sw^ar that we did not shake m the hat ; but I remember Botbirig abWut'iti -I counted' the money at the bHrdoor. T f<o notjrVt membpr having asked the billiard-marker to have a drink. The barman joined^ us. mth two d'inkft, J never ohangett' a note m the hbuse. I would riot be sure whether I took out the book to pay j for the drinks, but T never opened it, as I remembered having; silver* and paicL for them with- a two-shilling piece. This* was at the' little window, where we 'bad our flrßtdririks, and before I counted; out my money. intending to; give it to.; the harman to take' charee of. I am aJTrnV dent of this. I saw some people quarreling? m the,front of. the bar, v and- l that!was what made' me go ; rpu'nd'. v T jMr. Lough m tbe'bar, arid m the passage. I was chaffing him. When I hi»nd£d iyon the coat, lT said" Take care of ■- the coat," T don't .think I «aid : any thing: about \ the money. You came m. with the tjiree notes while T was counting the money. Ton handed them to the barman, saying " Here is some of LumsdenVmbriev." 'T remember, you turning your pocketsjout and asking me t« search you. I did bq 'because' you requested me. I accused you next morning of tbe theft. Atlth'e time T searched v»u T di«l not accuse foii' I will swear that I did not s*y that night that you bad got the note. _ST6n 'aid you h'-td not sot the money, when T accused you of the robbery ; that I might to know you well enough. /I . f old ;vojn .1 would srive you £2 if you found the 420.. I believe your reply was, "I «annotige't' blood out a stone." You said you w<inld be m your, whar*. when the, policeman came, as I told you I had telegraphed for one. . „ ; \ . To the Court : The reason I did Snot trouble about the loss of the note on {the niprht was, that I thought some person had taken it as a jnke, and.Xsnonld jeret it next morning. The barman saw} me conn t the rnoße^. I am quite positive I did not take the money outnide the .jbar.Igave the coat to the accused, whofwas standing at my elbow insjde the bar pas,-* sasre. I was particular m feeling i the , book m the pocket as t was rolling itj up. William Henry. Mould deposed : ; Jam a waiter m the Clarendon Hotel, I) re-« member the night of the 25th inst, jand saw the prosecutor nnd accused- there at about half- past ten o'clock. They oarae m together. They entered the side door from Rangitikei-Btreer, and met me m the passage. Lnmsden asked me to have a drink, and we went to the little window m tbe passage, and accused, myself, iprosecntor, and the barman,. had^rlnks.i "V^e : had them, and prosecutor put down. two shillings for them. We then went round to the bar door, when Lumsclen said[ "!■. have 9, bit of greed on me,", and. asked us

to have another drink. We four had them. Lumsden put hit hand into his breast-pocket aa if he were going to take out his pocket-book, when I told him he had no occasion to change a note as be had plenty of silver. Lumsden appeared . to know perfectly well what he wasjdtngg. He paid for the drinks m silve^'Os then took out his pocket-boak and Itokjfj at the notes, saying that be was goingjro gire it to the barman. When be opened, the purse, he said he had a "Twenty." He showed me the end of it, which showed that it was a £20-note. The accused' remarked that there was a £20-npte amongsT^Kflpir There »a*TTTow^S c front of the bar, and some one sang out dfor-Lumßden 4i -W : ithdth»lbrLumßdettrput_ the money back into the purse, put the c elastic band jrotlnd it, and put it fatfcV intp^hjs breast-pocket again, t and then wiiitlout. ! Alll feefuoiea' w<erA>put back into the purse. Lumsden then went througbrthe iato theibar, accusefl^nd myself following? Prosecator was insulted, and I attemptaLtoj put ja mat* on^andjiejltrippeaaniclrcdmmenced fighting with Lumsden. When theyj got scuffling,-Lumsden took Ma coat | off, folded it up, and handed it to the* aeensei. r= I jdid not . htar. Lnmsden j say anjtbjng'as hi handed Accused the coat. W.h<& the I: scufffe : w|s oVer'l«ii:ent jinto the "bar for my coat,: ,4ha : l.um)Mien wtrit with' me. ' Idid not see 'the 1 accused be%^i ; Wnt t* the bar." ISkedi the barman and he iaid he M'twb ir three. Luraidenilio -ailced for his, 1 iTtid'tht jbar^ man , picked . up, ,tw% .coats, s wkich were lying ptfi jftair^ Wt*dk J them. , I put my' Wat bh and be put- 6n <bi«pand then took out his pocket-book, and while doing so, the accused came. in a»d said to) the. barman "Here is some of Lumiden's money." Lumiden asked accused where he had, found^the mpnej ,2 replied, vOn 1 footpafh?/ j On'-tpemnjri tht^ purse he &untk there were only £6 m itij the barman handing him the £3 which, bad been received from the accmsed. i To make sure~T askid prosecutor ta cJMint bis money over again, and he did so iwith tkesame result.' The aacused was* apt mixed up m the row.? j - f ; \ ! ; ' To the Prisoner : I will swear that I did not say "I anEbdozed.'M iWd ha'dTid " Shake m the hat." I was sober, -and; knew perfectly well what I was doing. was not present when you wert searched ;aVlK&letf«r«^«n>- I , ;:{;t ,-y John Stphl deposed : lam barman. at tie (Slrehtfdn^Hdtel and know the! tor jcuied bjj fifht. X saw him on the evening of the 25th at about quarter past tenj. "I ] saw th* prosecutor with him, as they came m together* Lumsden apparebiiy 1 had had a lew. whiskies, but understood what Ifewa* doing; They had a dri«k at the little window ftrat and then anofnar at the bar doo^'i' Lumsden paid for both >m silver. He said -he had > sonae^ money otf nitn, ind'wdiald' get me" fa lake care" of it. Titt waVkt ; the little- winflowr after ' tbe^flrsV;. djpink,- andr before j the/ second. He then went to. the bar door ; buTsaia"noEning' ab^'lireTioney vpitil he had the/ second ; drink. When g<>ing ! '. to pay h&w,as*goinig'ta take his pockethook out^and the .waiter told him not to change^the n«te,.as he.bad some silver on him, au£ r heTpaJ& me iu.silvej. .., He then; tbbk but the pocket-book arid I saw. some' «quabble,at J tb>7,ffbn)t of tb^ bar, andjthii four "wtai i'rtaa, but before doing so] he' folded: the notes up, put them into jth& purse, and p«t-themi»to bis pocket, with the elastic round, ft, , The other* that ; Were witl him we& the 'waiter anjd ithe sccused. I did not see Lumsden jtake off' his cpat/but'l saw himlrith it#ffj I hid ' twb^oatsin'thebar; anda^W brought^ nic ! m! * third one y sajii^itoft lit ha*!] found lit lying on thfefbfltp^th. ' After the scrimmage the accuwld [ <*ifvt. m with some.Qctes hit hind— Lamdtn and the ' Waite- bavins biMU r pievipnsly. m— i; and said "herVll io^ of Luaiiden!s ; ,^mone^,! which I hare'rounii! mi : thf foot^ '^piim;**' l l as4:«dLtmisden.'*nd:tT^; waiter, tp-pickitheirjeoats" 8ut r bf tfose, which! l" ! b;ad, and they did so, t Wheni tbe at«uWa" Itftj&mt the three handed. jtheVto the Rr<Mecutor^:Heth«i Runted ■• atie: itjohey m his pbcket-jyoofc :and( found that ihere wkl only .d^r W'«^th«tL; s>id that .tbiw^shotad^'a it, He* counted tt * seconu^imeV^uidid nc< discover thej nrissing £2^note. r Jjust about t^at time theVe mage. ]l then took the parse' with ibis 1 coat, with f t|ie dt& and nut it on !a chair iinside. the.bar tmtil the^Wcdlia' row was over. He tbfnAadf another look for jthe -mon«yj-and r asked-a«cused-if- he-had got j it. Afecuied said, I " No ; you can' search riie^youiikef i anThe Vn^a>ut!his ; p^cket> at rte tim^._ _ £ | : Ta,tbe Bfiioiier: TTwearthat ttiere was ridi shaking m jthe hat'fbFdnri^s. > v , i Isaac Ritcbie dipo^^Tam^a labortil residing at and i femfinb,er I the Tiigh,t t 6f t^eiß*tb in^tantr Th€^rd.| row* outside : tbe T Clarendon/ btit I* did; nbt see much of it, j I picksd uixa:(Joat!cioße: to ' the bar' door; m the streeH. 11 ! |t riear. toth'e ste : pl I did ■n^^searcti'^f'tujk X gave it to the barman. I took itj Straight tbthebar^ I ami not aWti'Tthatlsaw : the accused, its I am a strtngerjin Pal- : merotoh. I The cbat vwai'rblliflj-upj or ' fblded Scarefijly. T lvy ' ' J V'.^* \ \f ; „ 1 ] To t^e Prisoner r I ; tfd^not notice ia ladder !«o that night/- 'r|iad ) nb'lbn;e!elieV cjoat t'jat mght, jnor did J I 1 know; wh'b o-iwnsdJt. j )■■■ ■ Kr ' r ':'\- ;' ■!.'.:'!,,■ j Con^ table Price deposed V :rarrestetl the ac(Ußed,upon iniomatibn about' 1 niae o'clock on Tuesday •even'mg^ahd'toild himT took him 1 m cbarge-fers^alirig'^Q from.jNeiWt L^tnsaei^ jbn#he nighk of the '25th. He' admitted having seen |the £SO-notc4n-liunisden% pocket-book along MJritn^her notes. I searched the accused, byt founa^nbtraiseof the-monej. L | '. ' j To Iht Prisoner? Yptr said had Been vaitiuf forme, as "you knew I has tjeen telegraphed for. I did not a»k yo.ul if you jwere gnilty; I beliete you said; " I an{ guiltless of this cbirge? i! '.;;' r F* J That cQncloded_the_exidehce-fQr jthe prosecution, and j the prisoner having been id forraed'byltbeTTaglsTrateTtfiat it lay .entirely .^with himself, .whetherj he made i statement br L not, elected ta do so, to the following effect y—r,-,] .vQ- jsj. \ ,W I haye (i witnesses to^ prove that jthe waiter was 'present when jswas searcned. I. swear on my^'oath^-^t Athens /was " shaking in~the hat, 1 * and that alter I got the-co r at"'fi'om"^nimsd[en~jn'" th« bar, wherei-itiey wT^fe fightingi they .then went bul^itfeFl went put after them and left thtftcoat-at tne ; »«tfd- of gladder, W«en i thie -scuntirig was all over F went back,' wj^^hen-bgflionrb^^f L the toat land where £ had left it. I struck a .match, but couldiebt-vef ftj b.nt picked up spme nptes iv 'but j^qul^ not say how many. I gav«tb«w to the/ bajruMttJ, who opened

! them- and I saw that they were three single £l -notes. Previoua.to that I bad asked the barman if he had seeo Lumsden^^ojtt^^^^^id some one had AriSur H^ta^^^ing sworn, said : bwn€a|painterpresi^g m Palmerston. Wmx the;C^ndMHotel on Saturday evening' lasMit hWf- past ten o'clock, tikn&jir accttsed^e^^labbrer, and has. loew^Ka row at the hotel |Kat night. I saw accused and Lums%n m front of the bar after the row was over. I remember the barman putting •Wsmr : plw^ple-o'Ufrof- ; tM»qWn^ il^t!t accused wftf being searched. ; lit JwAs nearly . clpsifg time.-^J^y^ioLnQtjallQygtbe accused to so buVTfie"wait«r was also i^fron(of'th*AbaV. the waiter— by- the^nam*- of— Billy, and be Lumsden and the accmsed were together. So oW MarchcdVcu^d h'^Toluutarily Hurn«d out 1 "'p^etss'^ying "you WonWhfok I haveiafcetf yoar^moncy, do .you." reptiedvJA'ifedon't know who has taken iV.bufe.JL want dB3O before ,1 go, out of this house to-night." I do r ß*ying or doing 1 »t the ■'tiiiie'. : a * Bj the acciSea-Tir^o^ayT^be waiter was there. 'Witness -YeftJswear po§ictively/.be> was ;tbete. .sAecflsednr-Bid you A%^« Wy^qoji^rMtjyM withg Jufl* m th* >-J morning, and were sober^j^uxself that William Pa wgqn, on his oath said it ain^a buTcbei resiuiog'in^Slm^ I :W t as passingj tbje CUcendons^Hotel oa Saturday eyebin'g When I beaTaadisturb^ anee. I beard- a^natW .mentioned by Mr^ Lumsden, the^awner of which X waft looking for at.tim*., , I went to the bardoor and could see tne v party I wanted^ I saw Mr. ! I^hiid^ g^th^acksW hi. -coati'and told : him-td-takfr'c«r». bf it. X 'was 'stahdinßin (*hei passage snew the, small wkkdow.u After the.nght.thendoor .wai closed and -Afr , Lnmsden teaychedt s tht.accusedr ( in^pai at of 13 tb^^b^^ accused said, V Do voo accuse n\e of tak^ i( f do not accuse jidr brie,' bu^jotf hddj my Coat^andl shairsearch'yoai"' After the ; searcb>Wa*f aver. l.sawJ Mr.bLiimsdea withcthe pocket booktiand some^tes oa K fe 1 said,jsb^rj| J aj» v n4ne^ is gone. : It o w»s.,c^iwtW..ararwjards byth« barmaa. ac'cuised,"anff ttU Witter, andibWwValfeYftf^tb^W^T^^en^ ( up J teV^bei' : Vltefk i; th^*(l»l»^rt*wenk hbnie; 1 ' 6-V2qsf{ a;Oiin« ia=fj;a eiot '" t : By tbef acensed , W*fcetbe)nß»oney jcounted«6era >^s^w*ei..r xrfe g 1 _ „ uW^J^^tXef^^^foji^tt^s. * would: i swear il pQsiti ; v.elY .we- waiter wast 1 ;^tb^iieWFTß^arexfenf was, the accord se.rcb«d^wfti Mii^boidfti an* socks taken oft, "» ca Only : his. pocketst werft searched, hjf werfno^jr^flf. .- T.bw concluded the evidence.. In 'a few> kind :«oWi to%e'^^ suuto^i^an^KHdlil.wai Ids -duty ta formally commit prisoner for trialoa* thenext'littißfipilhen Ifatj&t „Cru^ tft be^