THEFT CHARGE DISPROVED

Dominion, Volume 14, Issue 33, 3 November 1920, Page 3

THEFT CHARGE DISPROVED

TWO WOMEN AND A CHINAMAN. In the Supreme Court yesterday, before.'Mr. Justice Chapman and a . jury of twelve, Kitty Stewart and Phyllis, Banks ;were charged with having stolen articles to the value of about .£BO from the house of a Chinaman, Lee You.

. Mr...P. S. K. Maenssey appeared for the Crown, and Mr. W. Perry, for the defendants.

- The Crown • alkge'd tli't the accused Banks had accompanied Lee You on a clothes-buying expedition, the articles being intended for his wife, who was shortly coiiiingfrom China. The Chinaman placed the clothes in a box at his hbnie. and later found' that they had gone. ! In a statement to the police, tho accused Stewart had . complained that You liad ' taken the ' other 1 accused's clothes'when she had been staying with him at Miramar. This was borne out by Banks, who said sho had left some clothes at Ton's house. some time previously, .and alleged that another Chinese had.'helped her to open a tin box in which the clothes were naid to be. No money was taken.

Lee You. through an interpreter, said he.remembered the accused Banks going toiilirauiar'-to see his employer, and corroborated! the statement about the women's clothes, which he waa to send to a woman in China. He could not remember the'date of the'purchase. He put the parcelof clothes into a box in Id* bedroum. About three weeks afterwardsiboth accused returned to Miramar,' and inquired for witness's employer. Witness then left tho women and went into town, and on his return he found the articles missing. Beside the box a' chisel and file were lying, the box having been forced open. The sum of .£ls in notes and £5 -in silver was found to be missing.. ' \ ~ . CiwK-exammed,. witness s-iid accused had offered him an overcoat'forhis wife, and he had paid six pounds for it.. He admitted that the' two accused had l visited him late, 'one afternoon, but. ho did not. lock their clothes in a box. Tho women did not stay with him that evening. Ho hud last seen tho money a week previous to the theft; George Jlowe, also a Chinese, said he saw the two women coming out of the previous witness's wharn early one morning. ' They were carrying a parcel. On asking Stewart what was in the parcel, he wiis told "My lint." Ho then went to town in search of Leo You, but could not find him, although ho saw the girls near the Caledonian Hotel. In answer to counsel for tho defence, Howp admitted he had not'aeon either of tho accused with You's watch. He did not offer the girls gm or beer, and they did not tell him Leo T-mj had locked tho clothes in n. box, neither did ho say "You .110 tell anyone I help you get clothes out of box." Detective R- G. Black gave evidence tliat when found by him Stewart only had 2s. in her possession, and was wearing the coat previously referred to. Detective Carney had arresied tho pair. Mr. Perry, addressing the jury, characterised : the ovideiice.of the Chinamen as a "frame up." Only one witness, Richard Evans, a laxi-driver. was called for the'defence, and he said that on August 8 both accused hired his motor to take them to Miramar. After a retirement of tlnrly-three minutes the jury returned with a verdict ot not guilty.-