CHARGE OF THEFT.

Gisborne Times, Volume XII, Issue 1068, 9 December 1903, Page 4

CHARGE OF THEFT.

The case of John Byan and P. Morris, charged by the Police with theft from the person of John Macdonald, came up for hearing yesterday afternoon at the Magistrate's Court, before Mr W. A. Barton, S.M. E. H. Mackay, publican, Gisborne, said : I know John Macdonald, tbo first witness. He was staying at toy house at show and race time, and left about three weeks ago. He asked me to lend him Jls about two days beforo ho left as ho wanted to square up a few things in town, and said he would send it back to mo as soon as be got work, and.left with his mates for work. He went to Whatatutu. 1 next saw him last Wednesday in the house, some time before one o’clock, in company with Gillespie and another young man. X saw them at the slide, but do not know if they were drinking. I had a conversation with .Macdonald on Thursday morning last, the day after the robbery. He told me he was robbed of jE27. He said he got some money up the Coast, but did not say from whom. He told me ho was coming down to pay me, when ho was overcome on the road and lay down to sleep. I think he said he came down the Coast on Tuesday. Prior to borrowing the £5. he was spending money every day, and that was why I wondered at him wanting the £5. By Sergeant Siddells : He stayed with me before, three or four times. He has always been well behaved. I have lent him money before, and was always paid. I had thorough confidence in him. He was very careful. His Worship: He’s a Scotsman. Ho has borrowed money beforo when he had money in his possession. By Mr Lysnar : He lent him money to take him to Whatatutu, because he had not enough to take him there. 1 did not know he had money when- be asked for the £5 to take him to Whatatutu.

John Byan, accused, stated : I saw Macdonald on Wednesday, 2nd December, down on the wharf near tho Turanganui. He was with Gillespie and a young fellow named Connelly. I saw him later in the evening down by tho river bauk. I was with accused Morris. Morris and 1 were down there first. We wont down to have asleep. We were a bit tho worse of drink, and wont there to sleep it off. Morris was in the same condition as I was. Macdonald came after they wero there. Macdonald awoke witness. Ho said he had lost his pipe. He remained with accused. He was lying beside witness whon he said he had lost his pipe. 1 told him X knew nothing about his pipe. He then then started to feel his pockots. He felt the left hand side pocket of his trousers. He was pulling his hand out of his trousers’ pocket. He said I have my hand jammed in my pocket and can’t get it out. Ho asked me to bulp him get his hand out of his pocket. I helped him get his hand out of his pocket. He was still lying down. Ho soemed to have had plenty of drink. I suppose 1 that‘would be about the time Mr Troup came along. About five of ten minutes after that I got up and went away. I went underneath the bridge. I came up and went down the wharf. I left Macdonald on the river bank with Morris. I came back along the top of tho bank on my way home. X saw Macdonald at the bottom of thei bank. He said ho had lost his hat, and asked me to come doWn the bank and look for it for' him. I went halfway down' the bank. Morris was not there. Deteotive Nixon came and asked me what I was doing there, I said I was helping Macdonald look for his hat. He said I know all about looking for the hat, come along with me. I said X have done nothing to be afraid of, He took me to the Police Station. Constable Crawford came down tbo bank , with Detective Nixon. Constable Crawford took Macdonald to. the station, and Detective Nixon and I went ahead of them. I did not put my hand in any of Macdonald’s pockets, nor did I touch any of his property. I did not know whether he had any money. I did not know him to speak to. ,1 spoke to him once about Show time at Miller’s corner. I did not hear Macdonald say that Morris put his hand into his pocket, nor did I see Morris put hie hand into Macdonald’s.

By Sergeant Siddells: Accused went down to the river bank about 6 o'clock.Wo were asleep when Macdonald arrived. Macdonald accused mo of taking his pipe. We bad been sleeping about an hour and a half. Did not hear the Wajbj whistle that night. Do not remember Mr Troup, being there. 1 did not moke any statement to the police about pulling Macdonald’s hand out of his pocket.

By Mr Lysnar : I told Detective Nixon that I was just going home, when he came to arrest me. I did not tell him that I had just come from home. Timothy OoDoelly, laborer, Gisborne, said he knew the first witness, Macdonald. He saw him just before he went up the Coast, about a fortnight ago ; also on the day he left. He told witness be was going up the Coast to loojf for work. He said his money was all gone, but he had a ooach ticket to take him up the Coast, Witness met him the evening he returned this day week, about 6 or 1 in the evening* in front of the Albion Hotel. Witness went to the Coronation Hotel with him to have a drink. He said he borrowed some money from his mate Gillespie. He said he only had a few shillings. Macdonald paid for the drinks. They left the hotel together to look for Gillespie, and found him between the Coronation and the Gisborne Hotels. Gillespie said he was going to pay Macdonald’s fare up to the bush. They had several drinks, for which Gillespie paid. Macdonald paid for one drink. They remained together until about 10 o’clock. Gillespie asked Macdonald if he had any money, and Mopdonald said no. Gillespie then changed a cheque, Tbo I change was all in silver, so he presumed it was for a small amount. He was with Gillespie and Macdonald next day, from breakfast time until about 11 or 12 o’clock. He saw accused Morris down by the Turanganui Hotel. Gillespie called him over to have a drink, saying neither of us have any money, but I’ll stick them up. Morris said he could not drink, as he was prohibited. They went in to the hotel and had two drinks, which were charged to Gillespie, who called for them. Witness saw Macdonald again between 8 or 9 o’clock that pight.'aud remained with him until 10 o’clock. ' did not say he had boon robbed. Witness was cross-examined by Sergeant SidiMlS) as to witness’s acquaintence with Macdonald, and l's-fisaminod by Mr closed the evidence for the defence. Mr Barton, g-M-. said that in his opinion there wa? su&cieut pvidence to warrant him committing accused 'pf trial. They were committed to tako their trial at the next sitting of the Supreme Court of New Zealand, to be held at Gisborne. Mr Hyspyr asked His Worship to make the hail light, and it ,wes fixed at £IOO, in of £99 two Su. '■Si'. 1 ? 1 -”