SUPREME COURT

Dominion, Volume 12, Issue 272, 13 August 1919, Page 2

SUPREME COURT

HUSBAND AND WIFE CHARGED

BOTH ACQUITTED

Tho hearing of tho charges against Thomas Edward Ryan, waterside worker, and Ellen Kyan, hie wife, was concluded in tho Supremo Court yesterday. His Honour Mr. Justice Edwards was on tho bench. Mr. P. S. K. Maeasscy appeared for tho Crown, ami Mr. P. J. O'Rogan for both accused. Mr. Joseph ■ Rowlott was foroman ol tho jury.

Tho prisoners were charged with (1) sThet't of a box containing live parcels of gold gilt wiro and one packet of silver rings of a total valuo of £\i 9s. yd., the property of Percy Robert, of Palmerston North; (2) alternatively of receiving this, property well knowing the same to havt been dishonestly obtained; (3) theft of i'j pairs of ladies' gloves valued' at ,£l3, the property of some person unknown; (■]) alternatively of receiving this properly well knowing the 6amo to havo been dishonestly obtained.

Evidence was given by Deteclive-Siff-geant Mason on the lines of that given in tho lower Court, and this clojitl the caso for the Crown.

For the dofoneo Mr. O'Regan said ho would call the two accused and throo other witnesses. It was claimed on bohalf of Ryan that as ho was admittedly engaged unhooking publicly tho slings containing the mail bags as they came on to the wharf, ho had. no opportunity of pillaging tho bags. Ellen Ryan; ono of the accused, said sho was a dressmaker before sho was married, and still earned on the business at her private house, i Her husband had been working at the waterfront for about 18 months. ■ Witness often advertised costumes and other garments for sa!o, and dozens of women called at hor place in consequence. Sho knew Mre. Davie, who first oajue in-response to an ndver tisoment, and, thereafter called vory frequently, practically twice a week. Sho met a Mrs. M'Donald, who caiuo to hei place in respect of a blue sports coat. Later Mrs. M'Donald called again and asked if witness would alter an evorin;* gown, and said she wanted somo gold braid on. the gown tho same as .thoro was on it. Mrs. M'Donald brought a little of the gold wire witb her. 1 his was on tho third occasion that-she called. Witness told Mrs. M'Donald that tho wiro oould not be used as suggested. ■ Mrs. M'Donald asked witness if she could dis. poso of the gold embroidery, as she called it, and witness said sho would do her best. The embroidery was in thedining room, and when Mrs. Davie called on one occasion witness showed her tbo embroidery or gold wiro and asked her if she know anyone who wanted this wire. Mrs. Davie n day or two later came again o.ud said she did know of someone who would buy tho embroidery, but tho party was in Palmerston North. Mrs. Davie took tho samples. Witness did not know Roberts, of Palmarston North. Mrs. M'Donald did not fix on

any price, but left it to witness to do her best. Mrs. Davie called again later and said tho party would take,..the cmbroidery, but would not give moro than M. Witness replied that she would suo Mrs. M'Donald before doing -anything.

A day or tiro later Mrs. M'Donald called ,iiul was told of tho offer, but she declined to take £1. Mrs. Davie was told of this when she called." again, and said she would make another trj, but eventually said she could not (jet moro than £1. When Mrs. M'Domild called again niter that witness advised hor to accept tho pound as tho inutiwial was of no use to her. Mrs. M'Donald eventually iigrrceil to this, and the material was given to Mrs. Davie, who paid over tho money. Witness gave the money to Mrs. M'Donald, who said she would mako it up to witness; Her husband know.the'goods were in her possesion, for she told him so. 'In eunvereation with Mrs./Davie, witness said-it was funny that. Mrs. M'Donald should lwvo leu't 'the braid with her to get any price she-could for it. Mrs.-Davie said, that she hoped, there, was'no. mysk-ry about it, and witness said that she hoped not, far she did not want to bo mixed up with any trouble, meaning that she need not take lite stuff unless slio wanted to. On being paid tho £1 Mrs. M'Donald showed witness tho gloves sho had on her hands and asked witness if shft had any customers for gloves. Witness sai'd sho had, and Mrs. M'Donald said she wanted Is. 6d. per pair. Witness agreed to take two pairs, and when Mrs. Davie came sho was told about tho gloves and agreed to take four pairs at 23. ft pair. ' Mrs. M'Donald left lh» gloves with witness. Mrs. M'Donald said that sho lived in Adelaide Road and that her husband was a carter. To Mr. Macnssey. Sho got about -10 pairs of gloves from His. M'Donald. Tho latter had not called for tho baiauco oi any monev due to her or for the unsold gloves. "Witness had not seen Mrs. M'Donald since. Thomas 13. Eyan, the other accused, said that ho had been working 07 tho wharf for over two years. witness said that tho first he knew of the -.embroidery was when his wife called his attention to it'and remarked that it was pretty. Tho embroidery was in his dining room. Witness also saw th* gloves, but took no notice of them. On tho day in question witness was engaged unhooking tho slings with mails at .No. 5 hatch of tho Port Lyttolton. Mails were being landed from No. 2 and fto. 5 holds and two seta of cranes were nt work at- each hold; and thoro wero sepnrafo gangs of men for each. Witness was on the wharf and was at work until ten. time. Ho was not on board tho vessel. He was at work after tea from G p.m. to S p.m. Witness never handled a mail bag during -the

whole of tho time. Tho jury -wore out for about two hours, and brought in a verdict or not guilty. '