SUPREME COURT.

Press, Volume LX, Issue 11506, 12 February 1903, Page 2

SUPREME COURT.

CRIMINAL SESSIONS

The criminal sessions of the Supreme Court were resumed yesterday, before Mr Justice Denniston. ALLEGED THEFT OF STAMPS. The case against Walter E. Rose (Mr Byrne), charged with breaking and catering the premise* of C. G. Fryer cm August 21«t, 19u4, and stealing therefrom one gold seal, one gold watch, and stamps to the value of £150, was oontiaued. Mr Byrne went on with his cross-examination of Fryer, .which wae interrupted by the adjournment on Tuesday. Witness stated that he received a quantity of etaanpa from Rose, aa eecrrrity for a loan of £30, which he made to him, at 10 per cent, interest. With Rose's knowledge, the stamps were deposited at Gieborne, and with a ChristcEurch client of Fryer's in Christchureh. Theee were forthcoming after the burglary. Stamps to the value of £9 -were also-lodged with witness in respect to a smaller loan. These were left on wutnese's premises, anfl the meet valuable of them were stolen ot the time of the burglary. A compromise wae made between the tyro men juet after the robbery, witness handing over what were left of the stamps, and the money owing by Rose being eet off against his loss. None of the etwmps so handed over were among those which witness had identified as forming part of those produced. After the burglary some discussion took place between witness and Rose as to the condition of financial affairs betweon them, and Rose threatened to issue a writ for about £200 against him. Witness led him to believe, in reply, tihat he would not be able to find the money, aa he was in difficulties himself. Rom then suggested that he should it*ue a writ on witness for £200 or £300, and that he should confess judgment for that amount, and then call a meeting of his creditors. At that meeting Rose would toe the largest creditor, and would, so to say, rule the meeting. Witness said he would consider the matter.

Further cross-examined, witness stated that he pleaded "Guilty" four years ago to keeping an illicit still. At that time, after being found " Guilty," and when showing reasons for a mitigation of sentence, ho etat«d that he had understood part* of the still which were -found, to be paxte of a washing machine. Witness was fined £100 for. being in possession of the stall. Witness gave a lengthy explanation of how he was allegedly deceived with regard to the machine, and ivtr Stringer elated that he should never have pleaded "Guilty" an the occasion etated. Jlr Byrne pointed out that apparently the explanation had x.ot been accorded much weight at the time of the trial, as £100 was not a minimum penalty. Mr Stringer stated that it was usual in such caees for the magistrate to inflict the penalty euedl for by the Commissioner of Customs.

H. W. McKissock, insurance clerk, Dunedin,' identified among the stamps taken from Rose's premises come which he had sold to Fryer. William L. Hooper, stock-broker, Dunedin, deposed to several transactions in stamps with Fryer. He identified on© etamp in particular, which Fryer had wanted him to buy. Thornhili Cooper gave evidence «« to lending Rose money on different occasions, on the security of unused stamps. 6ome of these were claimed by Fryer, who alleged that they had belonged to hie stock, and" had been " faked." Kenneth S. Williams, clerk in the Bank of Australasia, stated that he sold certain stamps to Fryer, which resembled a portion of the stolen property. Hβ had sold none of these varieties to Ro*e, but might have disposed of five or six to one Cotton, and others. J. B. Robinson, bootmaker, identified * stamp which he had bought from Rose, and subsequently cold to Fryer, with one of those produced in Court. At this stage the Court was adjourned until 10 o'clock this morning.