NOT GUILTY

Dominion, Volume 21, Issue 111, 8 February 1928, Page 13

NOT GUILTY

THEFT CHARGE DISMISSED

BARMAN AND HIS WALLET A charge of committing theft of a wallet containing j;l5 from George Beveridge was preferred against Cyril Eugene Walsh before the Chief Justice, in the Supremo Court yesterday. Walsh yas alleged to have stolen the wallet from Beveridge while the latter was under the influence of drink, but after a retirement of fifteen minutes be was acquitted by the jury. The Crown Prosecutor (Mr. P. S. K. Macassey) conducted the case for the Crown, and Walsh was unrepresented by counsel. In evidence, Beveridge, who is a larman, said that he had taken tho money from his home and placed them in his wallet, together with his driver's license, and registration papers, keeping it in his hip pocket. Ho had ridden to Petoue on his motor-cycle after work on December C, to pay X’ls into the Court there. On his return to Wellington he had gone to the Terminus Hotel, and, meeting the accused, had had two or three drinks. They had then gone to another hotel, where they had one drink. After that he went to bis home in Cambridge Terrace, taking Walsh with him in his side-car. On the pavement he had exchanged some words with a constable who had demanded to bo shown his driver's license. Witness had produced the wallet and replaced it in his coat, pocket, the constable having said: “I’ll see it in the morning.” Witness

then had gone to the kitchen, accompanied by the accused, and had gone to bed. The last he remembered of the wallet was when he put it 'in his coat pocket. Next morning a constable had wakened him, and he had missed his wallet. Going to Mount Cook Police Station ho had identified Walsh, but had denied knowledge of a motor-car shown him. On his return hemo he had searched for the -wallet, and failing to find it, had reported tho loss to the police. Later, he had received the wallet back. It had been found by some neighbours and contained everything save the money. Jean Montgomery, living in the house in Cambridge Terrace, gave evidence of the arrival of tho men at the place. Constable Stewart said that Walsh had been arrested late at night on a charge of unlawful conversion of a motor-car, and had denied that he was driving the car. Ho was, ho said, a passenger in the car which was driven by a man named George, residing at 73a Cambridge Terrace. Beveridge had been brought to tho station, but had denied knowledge of tho car. When Walsh was searched £5; in single notes was found in a trouser pocket, and .Cls in single notes in an inner vest pocket. William M. Deighton, contractor, of Masterton, said that Walsh bad been employed by him as a lorry driver. When first he had come Walsh had asked if ho could have a few shillings. Ho had been engaged twice, and finally dismissed on November 28. Ivan McKay, motor-driver, said that he had moved some furniture from a house in Cambridge Terrace, and had found a wallet which he had handed over.

Acting-Detoctive Kearney told the Court that when accused of the theft Walsh had said that tho money found upon him was money which ho had saved. Ho denied attempting to borrow money from Deighton. and had not seen Beveridge’s wallet. He had worked for a number of firms in 'Wellington, but did not give the wages which ho had earned. Beveridge had not handed him tho wallet, the witness Montgomery had not seen it, and. tho constable knew nothing about it, said 'Walsh, in addressing the jury.

The only evidence that Beveridge had had the wallet was that of tho constable, whoso mind was not directed to the question of theft, said His Honour. Also, the evidence ns to Beveridge’S condition was unsatisfactory. It was true

that AValsli was found the same night in posscsison of a large sum of money which he was unable to account for, hut the onus of accounting for it, on pain of being convicted of some charge, was not cast upon Walsh. Money was not indentifiable. Tho jury retired at 12.45 p.m.. and returned at 1 p.m. with a verdict of not guilty.