SUPREME COURT.

Gisborne Times, Volume VII, Issue 391, 16 April 1902, Page 3

SUPREME COURT.

A SERIOUS CHARGE,

(Before His Honor Mr Justice Conolly.) When tho Supreme Court resumed yesterday, His Honor summed up in the case of tbo Native lad Rakiti Thomson, who was charged with having had carnal knowledge of a Native child of tender years. Tho jury then retired to consider their verdict; and returned to Court at 11 o’clock, tho foreman stating that the jury wero unable to decide on a point on which medical evidence was given. He asked His Honor if the Court could see its way to permit a doctor to enlighten their minds on tho paint. They would then bo better able to come to a decision. His Honor said he could not allow any addition to tho evidence. The jury again retired, and at noon returned a verdict of not guilty. ALLEGED THEFT. Two young men, named Robert George Needham and James Crimmins, were charged with tho robbery of £75 from the person of a middle-aged man named Thomas Penk, and also with receiving a certain sum of money, knowing it to have been dishonestly obtained. Mr Nolan prosecuted for tho Crown, and Mr W. D. Lysnar appeared for the defence. Accused pleaded not guilty. The following jury was empanelled: — Messrs E. Smith (foreman), John Cassidy, J. Little, A. Penfold, A. Sawyer, J. Thomson, A. Skipworth, J. Penny, T. M. Saddler, E. J. Spurdle, H. A. Haeche, J.

Higgs. In opening, Mr Nolan said that the informant Thomas Penk, a carpenter, came into town from the Murewai on September sth. Ho had money on him, which, with his wages, amounted to £7T>. When ho got to Mrs Menzies’ he found the prisoners there. They had a drink together, and Penk was taken to his bedroom by accused. Penk went to 3leep, and when he woke up he found the purso in which ho had tho money turned inside out and the money gone. The prisoners on the morning previous to the 10th had absolutely no money. They were bogging for drinks, and stated they had no money. On the evening of tho 10th they were about town with plenty of money. One witness would tell them that ho saw Penk in possession of a largo sum of money, and that he saw accused asking Penk for some. One of the accused, Crimmins, accounted for the possession of the money by saying that he received it from his mother. When they left the Albion Hotel on Wednesday morning, tho 11th, they were seen carrying a small brown paper parcel. Crimmins had chargo of it, and when seen at the Turanganui Hotel he was still carrying it. When arrested on the boat, this parcel had disappeared, and no trace of it was found. Only 22s was found on Crimmins, who stated that the money was what he had brought from Wairoa with him.

Evidence was given by the informant, Thomas Penk, Isabella Menzios, boardinghouse keeper, James Stewart, Henry Martin, licensee of the Gisborne Hotel, Margaret O’Rourke, barmaid, Gcorgo H. Oman, licensee of the Argyll Hotel, Fred. Francis, clerk at the Albion Hotel, Fred. Goldsmith, barman at the British Empire, Hugh Mackey, licensee of the Turanganui Hotel, and Detective Nixon. Detective Benjamin, of Napier, produced a statement signed by the accused Needham. Witness said that accused had sent for him, and presence of Warder Nicholson had made a written statement, and subsequently a second statement.

Mr Lysnar took exception to the statements being admitted, but Counsel’s objections were overruled by His Honor. The following were the statements: — Napier Gaol, Nov. Bth, 1901.

I, Bobert George Needham, now a prisoner in the above gaol, state in regard to James Crimmins, now in above gaol, charged with the theft of £75 from a man named Penk at Gisborne. He (Crimmins) showed me two £5 notes on the night previous to our arrest, and he gave me £l, and he changed one single £1 and a half-sovereign then. He changed another £1 on the morning before we were arrested. On the Monday when I came in from Te Baraka he had nothing. On the morning of the day beforo we were arrested Crimmins said that he was going to make a bit of a haul if he' got a chance. Penk was in the horrors, and in his room. I met Crimmins coming out of the room, and from that time he had plenty of money up to the time, we were arrested. At the time we were found in the room a man named Smith was in the room too. Smith is a spieler and a friend of Crimmins.

Napier Gaol, Feb. Bth, 1902. To Detective Benjamin, Napier. Sir, —When I talked the case over with you, and gave you those details which you now possess, I told you that a man named Smith, was a third party included in the robbery. I write to ask you

if you have found his whereabout yet, as he is more entitled to be here than I am. I have written Sergeant. Siddells, asking him to subpcena one Patrick Murphy, who has lately left here. I think that he can nearly clear me of the charge. I gave no evideuce in the Lower Court in Gisborne, otherwise Smith’s name would have been mentioned as one connected with the charge. Do not trouble writing me, but kindly let Mr Flannery or Mr Nicholson havo word, and ask them to inform me. I hardly think we shall have a lawyer to defend us, but I am quite willing to enter the witness box and Jet the court know the truth and nothing but the truth of the whole case from start to finish. You are aware that in the evidence I wont to the Gisborne Hotel for two bottles of beer. In my absence the deed was done ; that is, the big money was taken from Penk’s inside coat pocket. The purse that was produced in court contained J£2 10s, of which you already know. I received £1 in the Albion Club Hotel. The purse was broken into by Smith and Crimmins, him, Crimmins,"telling me he received it from his mother, when I saw the whole concern myself. Smith put the end of a cigar ash in his drink, to stupefy him, and Crimmins hit him twice on the head with his fist, and kicked him once. I then left the room. —Yours truly, R. G. Needham. Witness was cross-examined as to the maimer in which the statements were obtained, and stated that Warder Nicholson had written to him, saying that prisoner Needham wished to make a statement, but desired that it should be kep t strictly private, so that other prisoners would not know anything about it. With that ond in view, Warder Nicholson, witness, and accused met in the tool-house at the gaol, where the _ statement was made and reduced to writing. Mr Lysnar claimed that as the prisoner had given the statement with the. understanding that it should be kept private, it was brought within the law of privileged communications. His Honor held that it was not so, and treated it as a voluntary statement, which was admissible, Referring to tho statement, Ilis Honor said that it would havo been as well if the prosecution had not produced it, seeing that it could be taken as evidence against Crimmins. For the defence, evidence was given by William Hackett and Allan Taylor to the effect that the informant Penk was for some time living at Murewai, and was not flush of money. The first witness stated that Penk left his hotel owing him several pounds. John Warren, Clerk of the Cook County Council, deposed that the accused Needham had drawn £5 2s 4d on August 30th and £6 11s Gd in October. The greater portion of the money was paid on orders given by accused. Charles Thorensen, a carrier, deposed

to seeing Crimmins at the British Empire Motel. Accused had a parcel, and said that it contained a shirt. From the appearance of the parcel, witness would say that it did contain a shirt. In his address to the jury Mr Lysnar said that Penk’s statement as to how he got the money, and carried it about fornine months without telling anybody, was incredible. Although he had shown his purse openly for two days before the robbery, he had never done so before. The fact of him running up an account for drinks and board at tho Murewai Hotel and not paying before leaving the hotel, clearly showed that he had no money. When he came to town ho evidently got £9 12s 6d from Mackrell and Colley, and £8 of this was expended in paying

f accounts. The balance counsel contended was spent in drink, and the informant had no money at the time of the alleged robbery. Referring to tho parcel carried by Crimmins, Mr Lysnar said that that could easily be accounted for. Crimmins had left 'a shirt at the British Empire Hotel, and this was obtained immediately before boarding the launch. Had they taken tho money as alleged, tho big notes would certainly have been found on them. Mr Nolan replied at some length, and His Honor reserved his summing up until this morning.