THREE CHARGES.

Press, Volume LXIII, Issue 19159, 16 November 1927, Page 5

THREE CHARGES.

BARMAN AND A TICKET. CONDUCTS HIS OWN DEFENCE.

Archibald Swain, formerly a barman employed in Auckland, conducted a rather able defence on his own behalf before his Honour Sir Justice Adams in the Supreme Court yesterday, when he appeared on three charges—theft, forgery, and attempting to obtain money by 'false pretences. He succeeded in establishing his innocence in the theft charge, but was convicted on the charges of fraud and false pretences and will bo sentenced on these tomorrow morning. The specific charges were: (1) That on August 14th last he stole a Union Steam Ship Co. boat ticket, a railway pass and ten shillings, to the total value of £1 7s 6d, these being the property of Arthur Fielding Yates; (2) that on the same day he forged a receipt to the Union Company's ticket, purporting the signature of A. Yates to be genuine; (3), that, by falsely representing that he was the owner of the saloon ticket, he did attempt to procure money to the value of £1 4s 9d by false pretences. Mr A. T. Donnelly, who appeared for the Crown, outlined the case. He said that accused came from the North Island to attend the August race meeting and stayed at the RotherSeltl Hotel. He and Yates were drinking together and accused told Yates he had lost all his money, £65, at the races. Yates lent him 5s on accused's request. Yates would sav that he went to bed and left the things stated in his trousers, having bolted the door from the inside. At 1 a.m. he woke up and the things were gone. It would also be established «bat Swain went to the Union Steam Shijp Company's office and tried to get a refund for the ticket, saying his name was Yates. The clerk made out the receipt and told Swain to come back in the afternoon to sign. He did so and was met there by a detective. Arthur Fielding Yates, John Robert Penlington (clerk in the Union Company's office), and Detective H. TV. Laugesen gave evidence along these lines.

Swain's story was that he found the ticket on the floor in the hotel and thought it was a pound note. He showed it to the barman, who said, "Good luck to you." It was in Swain's possession before Yates went to bed. In his address to the jury accused stated that he was innocent .of the theft of the ticket as he picked it up off the floor and put it in his pocket, thinking it was a pound note. As for forging the signature he saw the ticket was no good to Yates, who had already gone home and thought he would return the money to Yates at some future time. He went in to change the ticket absolutely innocent of the crime he had committed and pleaded for the leniency of the Court. "With the most innocent intentions in the world he almost admits that he stole the ticket and committed the forgery and false pretences," was the comment of his Honour.