GREY MAGISTRATE’S COURT.

Greymouth Evening Star, Volume XXXI, 28 November 1901, Page 2

GREY MAGISTRATE’S COURT.

Thuesdat, Novembee 28th,

(Before E. S. Hawkins Esq., S.M.)

CHAEQK OF THIEFT.

L. Anderson was charged with the thieft of two £5 notes, the property of J. M'Lellan of Moana. Inspector MacDonald prosecuted and Mr Hannan defended.

J. M'LeUan said ho had two £5 notes in his box on November 7tb. He knew the numbers. He got them again. The accused called at his place on November Bch for somerhiog to eat. Witness said ho had no bread but would go and borrow it. Ho went to get some which took about ten minutes. When ho came back Tracey was standing up eating something. Accused was sitting down. Offered them some coffee, but they would only have some bread and meat. They then went away. About h»lf-an-hour after he discovered that the money had gone. He did not notice if anything was ransacked. He searched the place but could not find the money. He went up to To Kinga to see if the men were staying at Crows public house. Crow said they had had some drinks. Asked Crow it they changed a note and he said “ Yes.” Told Crow the number and ho showed it to witness, who recognised it. As witness was nearing Te Kinga he noticed Tracey sitting on a bench When he saw witness he got up, went through the house and cleared in the bush. Crow said “ Dont lot him (meaning Tracey) see you if you go down the line ; he may come back again,” Was down the lino about an hour, when L. Anderson came down from Crow’s, and said “ What is this about the money being stolon.’’ Witness told him that someone had stolen two £5 notes, but as he had the numbers ho would get them back again. Andersen said “ Send for the Police.” Then wont up to Crow’s with Anderson. Mrs Crow and Andersi n talked to another, but did not here what they said. While with him Anderson gave no account of what took place in the hut. Went up to Crow’s again about 0 o’clock. After a while saw Tracey on J

the line and asked him about the money. Ho took it out of his pocket and gave witness a £5 note and £4 ICs. He said “I don’t know what I did it for” and “I hope you won’t prosecute.” Tracey stated that after be went into the bush he thought the matter over and made up his mind to give the money back to witness. He again said “I hope you won’t prosecute me,” to which witness replied “I won’t if I can’t help it.” Tracey said he lost a few shillings while in the bush. Witness told him he would not see him starved, at the same time stating that he would go down to Moana and ring up the Police that the money had been found. Tracey never suggested that witness should say he lost his money Witness gave Tracey half-a-sovereign so that he would not starve. Went back to Crow and got the £5 note back. Tracey when witness met him first, told him that Anderson had nothing to do with it. Only saw Tracey once before. Have known Anderson for a month. Mr Hannan did not cross-examine. The Magistrate said that he had never heard a witness give evidence so honestly before. He had answered all questions put to him in an apparently truthful manner.

W. Melbourne said he lived in the same but as Anderson. He went to work in the morning but left Anderson there. As he was coming home in the evening he [met Tracey at the Crooked River. Tracey asked who were the men on the trolly. Witness replied “The. trolly men and M’Lellan.” The man hesitated and then said “I’ll face him.” Stayed and watched him meet M’Lellan, afterwards want up to Crow’s and had a drink. Tracey said “Anderson is as innocent as you (meaning witness) are." He never knew anything about' me taking it at All. Told Constable Carrol about it. After that M’Lellan went down to Moana. Crow and Anderson went up the line to watch that Tracey didn’t get away. Witness went up to them and told them that M‘Lellan had got the money from Tracey all but 10s. Met Crow about a mile from the quarry. Called out for Anderson and ho came. Anderson said he would kill Tracey if he caught him. Anderson asked witness if he thought ho was guilty, and Melbourne replied “Ro.” Anderson said that he saw Tracey lift the lid off a trunk and say “ What a fine suit of clothes the old man has.” Anderson also said “ I went out of the hut for a minute to see if M'Lellan was coming.” The Magistrate dismissed the charge. BREACH OF TEE LICENSING ACT.

T. Kinsella was charged with a breach of the Licensing Act in admitting drunkenness on his licensed premises. The Inspector of Police prosecuted. Mr Hannan defended, Constable Donovan, of Ahaura. stated that Sunday, the 3rd, he arrived at Blackball about 10 o’clock. i.He went to Blackball on account of complaints about the hotels. About 10 55 o’clock bo went to defendant's hotel, and went into a sitting room. A man named A. Jamieson was lying on the sofa. He was drunk. Defendant came in and said the man was not drunk. Witness said “If ho is not drunk wake him up" but defendant wouldn’t. The witness then shook the man and found him to be helplessly drunk. Went to Jamieson's house and Mrs Jamieson said he had not been home since evening. By Mr Hannan.—About five men and Mrs Kinsella were in the room playing cards. Mrs Kinsellar said Jamieson bad not been supplied with liquor at their hotel. Defendant did not say that the man had been up all night. There was no drink in the room at the time. Most of the men were boarders.

McArthur, engineer on the Eod Jack’s dredge, was in defendant’s hotel on the day in question. He was there when Constable Donovan came in, Kinsella was in the parlor. He saw Jamieson in the sitting room. Saw him oome in about 10 o’clock. Kinsella was present at the time. He staggered when he passed witness. Jamieson got no drinks, while witness was there. He might have got some during the day. By Mr Hannan—He was waiting for a friend at Kinaella’s. Jamieson staggered as he came in. He was positive that Kinsella was in the front when Jamieson came in. Never saw any drink taken into the room where Jamieson was. Had a drink there with a man named Green. S. Morey went into the hotel about 8 o'clock and into a parlor. Saw Jamieson there. He came in about 11 o'clock. Witness took no notice of how he walked and talked. He was almost sure that Kinsella was not in the room when Jamieson came in. Positive no drinks were in the room. Witness was in a hurry to get out when the Constable came in as he did not want to get mixed up with a case. Witness was not in the Hotel during the day. Mrs Jamieson also gave evidence of no material nature.

The Magistrate dismissed the charge.