SUPREME COURT.

Gisborne Times, Volume XXVI, Issue 2131, 4 March 1908, Page 1

SUPREME COURT.

THE GISBORNE SITTINGS

(Before llis Honor Air Justice Chapman.j

Tlio Gisborne sittings of tho Suprwno Court were continued y«,; oKlu>. THE PROBATION ACT. Tho first case culled on was that of Ira Toto, charged with thett ol a cheque for £39. . Mr AY. L. lteos appeared lot tlio accusod and urged Unit tlio iuiding of tlio cheque seemed too much loi him. The lad was young and tlio money had been recovered and ho asked for leniency. , , . His Honor said that he thought it was a caso in which tlio 1 rotation Act could be applied) although quo should exorcise caution m a case hko this where there had been a stupid yielding to temptation, but ho moposed to allow the provisions ol tlio \et to bo applied in this case. He iictm.-kobl.c y.riod « to* »'£ for two years, and he a quid hav e to pav £5 towards tlio cost ol tlio prosecution His Honor directed that tlio terms of .tlio probation bo explained to the accused, a young native, that he would bo under control I ho to could bo paid within a week. ALLEGED THEFT FROM THE PERSON. Daisy Sininielhag and Minnio AlcXeil were brought forward to answer charges of stealing a rolled gold watch oil the 7tli of l'eb., irom S. O. Goldsmith at tlio Park racecourse, also with stealing a ticket issued by James Clegg, bookmaker, for £9, the property of Goldsmith, and with stealing £9 tho property oi Goldsmith. , The following jury were empanelled: R. Colebrook (foreman), A. Martin, S. G. Elisor. L. Redward, K. Campbell, A. G. AYebb, A. J- Maynard, S. -Mastic, G. 11. Ronouf, A. J. '.Poole, It. .Barker, J. AY. Bull. Mr Nolan appeared for the prosecution, and Mr AY . L. Reos for the accused. Mr Nolan said that the circumstances were very peculiar, but til© evidence was plain. Tlio two girls were at the racecourse at the last meeting. Goldsmith made a wager with Clegg on Clieddite. Air Goldsmith saw”the two accused near his trap and they asked him wliat he had. backed. He looked for liis ticket. One of them said she would take care of it for him. Goldsmith found out that Cheddite had won v jind he looked for the girls. Ho found them and asked for the ticket, but' they denied everything and said lie must be mad. Goldsmith asked them to give him some of tlio money. He looked at his watch, saying that lie must go and see tlio next- race. One of tho accused took the watch,and said ‘’its about timo you returned that watch. 1 lent it to you yesterday.” The girls cashed the ticket, received the £9 and Goldsmith saw one of them lift up her dress and put something into her stocking. They were arrested later on in the day and one said that the other had the watch, and on their being searched no money was found beyond a lew shillings. There was, he said, a clear chain of evidence. The prosecution did not sav which girl took the ticket, but both were acting in concert. He called Samuel Goldsmith, station manager at Paparatu, deposed that he was at the Park races on Feb. 7th last and he saw the two accused there and a bookmaker named Clegg, with whom ho had a wager on Clieddite. The ticket entitled him to £9 if tho horse won. Then he met Air Dugald McKenzie, a friend, who asked witness to have some refreshment at tho latter’s buggy. Accordingly they went over and when they arrived there the two accused were standing by the buggy. He had never seen them before." Could not- say what they were doing at the buggy. Refreshments were partaken of; sandwiches and a drop of whisky and soda The young ladies were there, blit they did not have any refreshment. Ho got into conversation with them, and they asked him if lie had had a bet, and on wliat horse? Witness did not remember what horse it was, so he pulled out the ticket, thereupon ono of the accused, the short one, he thought, snatched it out of his hand. By the Court: Both of them were standing close alongside. Continuing, witness stated that they said nothing just then and he said “Give mo back my papers.” She sorted them out and gave them hack to him, with the exception of the ticket lie. had received from Clegg. AAltncss said “Give me hack my ticket.” She said she would take care of it and did not return it. He went hack to tho grandstand and he' saw the numbers up denoting that Clieddite had won. He returned to the. buggy to find the girls, but- they were not there and he went back to the lawn where the bookmakers were standing and when he got there, the girls were in front of the bookmaker, having .drawn the money. When he saw that, he asked them for it. They were then standin <r about a yard from Clegg. One of tho accused replied that they had never seen him before and that they did not know him; he must be mad; why should he speak to them about money. He said that it was h.is ticket, but they would not take any notice of him and lie followed them across the lawn to the saddling paddock. As they saw him coming up, cue went ahead and one tell back to speak to him. Did not know which of them it was who stopped, they resembled one another and he had never seen them before. He asked her to give him £o of it, but she said that her friend in front had it They went to the saddling paddock, leaning un against the fence and, as he found that he could do nothing With them, he left them. From the fence they went across the lawn to the buggies and when ho saw them go, lie thought- to himself that he would chase them up again and sec if lie could not make any arrangement with them. AA’ben they got outside, about ten yards in front ot him, they turned around, seeing him coming, and one stood waiting for him and the other went on. He did not know which. AYhen he got up to her, lie said,' '.“lf you give me £5 you can have the remainder.” hhe repeated that her friend had it. He still could not say which one said this. The one in front had proceeded a o-ood distance by tint time and as The one behind would not agree to his proposal, he saw it was no use ir o ing anv further. The one in front T, 0 t seated in a two-wheeler. About a chain away he said to the one who was near him. “I will go .hack. I em’t do anything further with you. Then he nulled out his watch ; lie had no chainand she snatched it out ot Ms hand,- as.be was observing the time, *a.YWg that t v as near time that ke , back her watch,, which °-! p - H n . him the day nreviousl.v, or something to that effect. She then went on to the tran and took a seat and they drove away. There was a driver in the trail. The number ot the race lie had the wager on was the fourth. There wore more than four races that day. They went after the fourth race and lie did not see them there afterwards. The same afternoon, on the course, lie spoke to tho police and reported it to Detective Madderu ' a ]3v Mr Rees: Did not hand the ticket- to oife of tho accused; was cer-, tain of this. Did not hand any ticket to cither of them. McKenzie s liuCTory was seven or eight yards from the’"gate at this time. Any body standing there could have seen tlio incident had they been -looking. Dul not have a good many whiskies that morning; had only two or three-. Did not know who was keening the gate. After seeing the winning number, did not go with the two accused

lo the bookmakers’ stand; was certain of this. Did not see the money handed to them. Asked Clegg d -he hail ini id them and ho said “Yes. Was in the Court below when the evidence was given and he heard the police evidence. Hoard the policeman say that he stood by witness when tho girls went away, but could not, say if this was the case. Also heard him say that lie did not see any watch snatched. Did not hear the constable say that had a watch boon stolen, he would -have seen it. Witness spoke to a man behind him and said "That’s hot isn’t itP” The man laughed and said “They’re having a game with you.” Aladq a complaint to a constable, but did not know who lie was. This person went with him t;> seo about the matter. Could not jay if the policeman was with him until the womon left. McKenzie w .is present when tho ticket was stolon, but ho wont away after that.. Did n it think ho hoard what was said but saw wliat took place. Re-examined by Air Nolan: Saw no c'-istablo in uniform, blit someone in plain clothes followed -him tip and ho snoko to this person. Dugald" McKenzie, sheepfnrmcr at Ormond, stated that ho was at the Park races on February 7th last. One of his brothers went with him. Saw the two accused there, . blit -had never., seen them before. First., saw them near their trap. AVent to tho trap with Goldsmith, after the third race to have refreshments. No one else had refreshments there in his presence. They were talking about the fourth, just coming on ami asked Goldsmith what horse lie was backing. He put his hind in his pocket and pulled out some papers, a cheque book and a ticket. On the latter was written “died” and a stroke and the amount, £9. Tho two men were behind the trap and the accused wore a yard behind them. One of the accused took the papers from his hand. It was the shorter one, Sunmelhag. After the incident happened, he left to see the next race and Goldsmith remained with them. Saw nothing after tho ticket was taken from Goldsmith. By Air Rocs: Alade no remark when the papers were taken. Goldsmith had the pipers in his open hand and one of tho girls leant over and grabbed them. The two men would have been about five or „ix yards from the gate. Did not know who was gatekeeper. If the latter had been looking, he could have seen everything clearly. Goldsmith did not hand the papers to one of the accused. Alade no remark upon the occurrence as he thought Hie girls were friends of Goldsmith's. He thought this, because he stayed with them. Also made no remark as tho papers were not his, and he wished to see the race.

z For the defence, Air Rees called James Clegg, a bookmaker of Auckland, stated that he was following his business at the Park racecourse on the 7th February. Did business with Goldsmith that day. Bet him £0 to £3 Clieddite and gave him a ticket for - £9. AVoulcl have paid that ticket to anyone who presented it. It was presented about twenty minutes or lull an hour after tho race, being the last paid out for that race. His clerk remarked “There’s a sleeper for £9” in the language of the turf. iSome female presented it, but- could not- say if it was one of the accused: AA’as satisfied that it was tho ticket given to Goldsmith, as he onlv wanted to put £2 on. After the race, he saw Goldsmith coming along with two females and he paid one of the girls. The girls were together and Goldsmith was between them. Saw the three coming about S or 10 yards off, Goldsmith being with them and he was also with them when the ticket was being paid and lie saw the money being given to the woman and lie" made no objection and he seemed thoroughly sa'tsfied as far as witness could see. Goldsmith said nothing to witness about the ticket having been stolen and there was nothing to lead him to suppose that the women had obtained possession of it unlawfully. By the Court: Goldsmith never spoke to him about that bet, but he had had conversation with witness over later bets, but was positive that Goldsmith mentioned nothing of this matter. Constable AlcPherson was on the racecourse on the 7th February and was in plain clothes. Saw Goldsmith when he informed witness that two young ladies had stolen his race ticket valued £9. He said he did not know them, hut t-liat lie could identify them if he saw them again. AVent away with Goldsmith and saw two young ladies go up the lawn. Goldsmith hurried after him, and ono of them put her arm round Goldsmith’s waist, and tho other went in front by herself. Goldsmith and the two girls reached the traps simultaneously. Some other young men wore standing there. AYitness asked for the race-picket sho stole. She said the man ivas mad, and that sho had never sceii him before. One of them asked witness to go to the trap and have a glass of whisky. He refused, and one of the girls went to another trap where another mail was standing. The one who invited witness to°have some whisky asked him to harness the trap, but he declined, and went to where Goldsmith was talking. The two girls then got into the trap and another man also got in, and they drove away. Goldsmith and witness then went towards the bookmakers. A few minutes afterwards he complained that thqy had stolen his watch. Goldsmith was slightly under the influence of liquor, and did not seem to 'know what hewas tallying about-. Tins would lie about 4 o’clock, and they drove away a good bit before the races were over. By Air. Rees: Could not say if the race Clieddite had won on was over; lie did not bet much, and he did noL take much interest in racing. Did not see anyone snatch the witch out of Goldsmith's band, although she might possibly have been able to do it. Coidr.mith did not mention it at the time. AYitness asked the women about the watch, and did not arrest them. Did not know who the gatekeeper was, and did not ask him any questions. Thought the man was intimate with the ladies, judging by the way he acted. Detective Aladdern said he was on the racecourse on tho date mentioned. He saw the two just before the fifth race was run. They were leaving the bookmakers stand, and Goldsmith was with them. The shorter girl fell or slipped down twice- while walking on the lawn. She .tlmn walked passed the grandstand, and putting her back against the fence, luted her dress and put a handful of notes down her right stocking. They then walked round the back of the stand to where the traps were, and Goldsmith was still following them. AA itness watched tfieii}, and they got into a trap with some man, and drove towards the town. Did not see them a fain until 9 o’clock tho same oveninf, when lie told them they would be arrested for paling ft Hw course that afternoon, «n« on . . to the station, AlcNeil said that tho other had tho wiiteh, but her sister had told her that the mail had given it to her At the station the other was told about this, and said that it was not true. Had them searched bv a fernal© searcher, and 10»> lid was found on one and Is oil the other. Goldsmith pointed out Clegg, with whom he had the bet and reported that a ticket for £9 and a rolled gold watch north £6 h id been skihyH'Alr. Had heard nothing cf the matter until ho saw Goldsmith in their company. He heard people passing remarks on this tact. A feuticnian on the course heard someone telling the Hon. J. Carroll about tho incident, and t-lns was how witness heard it. goldsmith said that he thought the girls were friends of AlcKeuzie’s. He further said that

lie did not object to her taking the ticket as ho thought she would collect it and hand him tho money. Air. Roes said that each man thought that tho girls were friends ol the other one. He did not propose to call tho accused, but ho would call the gatekeeper, who saw Goldsmith hand tho ticket to one of tlio girls. • Nathaniel Pilchor, gatekeeper at the racecourse on the day in question, said ho was night watchman at Nelson Bros.’ Freezing Works, lie bail the right of looking after the horses. S.iw Goldsmith and AlcLvonzie, whom ho know by sight.. The two accused came up in a vehicle with a young man, and they asked him to take charge of the horse, which ho did. The two girls and the young man went on to the lawn. Half an hour later tho girls asked him t,© harness up, and accordingly witness caught the lior.se. The ivo girls and the young man drove away. They returned in an hour's time, and witness again took charge of the horse. At that time Goldsmith and McKenzie wore pirtaking of refreshments near McKenzie's buggy. The girls joined them, and lie look it that they knew one another. AYitness was within two yards of them, and lie hoard Goldsmith say that lie was in luck’s way—that he had struck a dividend. He then pulled out the ticket, with some more papers, and one of the girls said, “Give me the ticket and I will get tho money.” Tho ticket was handed over to her by Goldsmith. AA’ould not like to say that Goldsmith was intoxicated, but he was very much excited. Just at that time some moro horses came in, and lie returned to his duties, and saw no more of the girls lor some time. About a quarter of an hour afterwards Goldsmith came back and asked witness if he bad aeon the girls. I-Ie replied “No.” Goldsmith then stated that they had his ticket. A\ 7itncss wont on tho lawn about ten minutes afterwards, and saw Goldsmith and the two girls walking off the lawn. That- was the last he saw of them. They seemed friendly towards each other to all appearances. Did not see Detective Aladdern there. By Air. Nolan: Had no special interest in these people, nor was be taking any special notice of them. Tlio ticket marked with blue pencil was passed to the girls by Goldsmith". This was all that he saw passed over. If Goldsmith and AlcKcnzie said the contrary, it was false. Did not know how much AlcKenzie saw. Knew AlcKen/.ie’s people in Hawke's Bay, but could not say if he would act in this manner. The two girls were sitting down, and Goldsmith was sitting also.

Addressing the jury, Mr. Rees pointed out that the principal witness remembered nothing clearly, and lie would ask them to attach more importance to the evidence of Detective Aladdern and Pilcher. All through, everybody thought they were friends. AY hat lie surmised was that the two men agreed that they had their money on a good horse, and the ticket was handed to the girl. Ho told Detective Aladdern after the race that he did not object to her having the ticket. If the ticket had been taken wrongfully, it would have been cashed immediately, as Goldsmith would have stopped payment, but he did nothing of the sort. Goldsmith remembered nothing, or he littered a deliberate falsehood in saying that he did not go with the girls to Clegg. They all appeared perfectly satisfied, .and walked away together in a friendly manner. Goldsmith 'asked for £o only, evidently showing that tlio ticket was not stolen. Neither AlcKen/.ie nor Goldsmith could say which of the two had the ticket. Regarding the watch, the evidence was contradictory, and when lie did not remember, or was not telling the truth, his evidence was unreliable. A woman,.talking to several men, including a constable, in the light of da,vj could not snatch the watch; it was monstrous, and on such evidence it was proposed to send the two girls to gaol, perhaps for a number of years It was not a question of whether Goldsmith hid been “taken down” or got the better of, but whether or not, the money had been stolen. Air. Nolan said he would not endeavor to strain the evidence to suit the prosecution. To follow Air. Rees’s theory was to believe that Goldsmith and AlcKen/.ie came here prepared to commit deliberate perjury. Either their evidence was a concoction or not, and he raised the question of cui bone. Who benefited? Pilcher seemed, convinced tint wliat he said was the truth, but all lie saw was the ticket, and he differed from the other-s, but from the surrounding facts lie must have been absolutely mistaken. Aladdern's story agreed with Goldsmith’s in the main. He knew that some ladies did not have pockets, and the fact that the money was put down the stocking was significant, and it was also significant that they went away directly .after this incident. The girls said that they never saw or knew Goldsmith, and to get over that the jury would have to disbelievo their own witnessess. Even if they collected the money with Goldsmith’s consent, their conduct was not that of innocent persons, and this, to his mind, answered the whole case. As the time was 1 o’clock, the case was adjourned for an hour. His Honor cautioned the jurors not to allow anyone to speak to them, and if any did to report the matter to him. In summing up, his Honor said that there were two questions they would have to consider; one being the theft of the watch, and the other the ticket. Regarding the watch, there was no evidence that the women were co-operating, one having taken her seat in the trap. In the other matter, the ticket and the proceeds stood on a different footing. It could be inferred that they were acting in concert, both of them answering Goldsmith, denying any knowledge of him. The story was a singular one. It seems probable that Siiumclhng took or received tho ticket, and though it was not quite clear who received the money from Clegg, she was seen putting the money down her stocking. If the transaction was a dishonest one, the two could bo connected with it. There were differences in the narratives. If a •present were made of tho ticket, he must have had some reason for it, mid there seemed no reason why he should give it to a stranger. The evidence of Pilcher might be correct so far as lie saw if, hut it certainly differed from Goldsmith and AlcKenzie. The jury would have to decide whether the ticket was given from a number of papers, or given singly, or snatched .away. The real question was whether the money was stolen or not. It might be that Goldsmith did not t ike any immediate steps to recover the money. There was other evidence which would be considered on thp broad question of whether the transaction was a dishonest .one or not, Clegg said that lie saw Goldsmith wjtirthc two girls collecting

the money, but there was a discrepancy in this respect also, and as Clegg was not particularly interested, his observation might possibly have been inaccurate. No assertion was made that the ticket was a gut from Goldsmith, but this seemed to be negatived bv the fact that lie asked for a portion of the money, the man mi'dit have boon somewhat muilulca, and if the watch was stolen, a man near by, a constable, did not see it. His Honor pointed out that Loklsinitli was persistent in sticking o bis story. , The iurv retired at 2.J0, and iotiirned" at 5.10 with a verdict of “Not guilty.” The prisoners were discharged. HARE MATENGA.

Haro Atatenga was brought up oil charges of theft from the dwelling of Alfred Brothers, theft of a mare at Tuparoa, the property of Hohcpa Kahuroa, and theft from tho dwelling of William Dooley. Tho following jury was empanelled: li. A. Good (foreman), A. Robb, F. It. It end el 1, l 1). Parnell, A, AVard, A\ . 11. Harding, T. AA 7 . Revoll, F. AV. Pe’ttie, E. Roderick, T. Bell, T. R. J. Adams, E. A. S'keet.

Mr". Nolan represented the Crown, and Air. H. J. Finn the defence. Hohcpa Kahuroa deposed that he was .living at' Pakowhai live years agb. ■■ AVent* there for. a tangi. Had a dark iron grey Horse, which' whits- in a’ paddock, and missed it at this time. AVent to Awanui at the time of the hearing of a civil ease concerning the hor.se, but it was not produced. He next saw it in Gisborne just prior to,the hearing of tlio case in the Magistrate’s Court. By Air. Finn : Knew a native named Eru, but did not know if he had an iron grey horse. Make Rangihaua, a settler at Pakowliai, stated that ho saw Hare at the tangi five years ago. Hohcpa then possessed an iron grey mare, which was running in a paddock. AYitness also had a horse in the paddock. Accused left before daybreak in the morning, and the two horses were not in the paddock. Saw his own horse along the road, but did not see Holiepa’s until the Court proceedings, when it was at tho Albion stables.

Henry AleClutehie, of Tuparoa, stated that lie brought a mare to the Albion stables, lie saw it in prisoner’s possession. AYitness’ son told him that the horse was on sale for £5, as the money was needed for Native Land Court proceedings. He told liis son to buy the horse. Received a letter from AA’iremu Hauraki, stating that the horse had been stolen at Gisborne, but witness said he would not give up the mare. Alatenga told him he got tlio horse on an exchange. "Witness said that there would be trouble, but Hare was not afraid, sticking to liis story. By All-. Finn: Had ‘known accused for 20 years; he bore an excellent character, was a married man and very industrious. By the Court: The horse was of an unusual color, being a blue roan with black legs. Henry AleClutehie, junior, said that he bought the mare from the prisoner.

Air. Finn said that the defence was a very simple one, as there was an exchange of horses, although a mistake might have been made.

Eru Wliarcldhi stated that he met accused a few miles from Pakowhai. They had an exchange of horses. AVitness gave Haro a dark iron gray, not branded. Hohcpa had an iron grey mare, but Hohepi’s horse was a light draught, and witness’ was a lighter one, while Hohepa’s horse was slightly darker. The witness took the horse away with him, but he did not know wliat happened to Hohepa’s horse. He heard later that it had been stolen by the prisoner. The horses were alike, but anyone knowing anything about horses would not make such a mistake.

R a pita To Kura, of Pakowhai, deposed that Hare had a chestnut horse there five years ago, and he exchanged it with Eru. AYitness was present at the exchange. Saw accused riding the horse on his way to Awanui. Giving evidence on his own behalf. Hare Alatenga said that he came down the Coast to attend the tangi at Pakowhai. Eru took a fancy to bis horse, and begged him to make tlio exchange. Agreed to this, and received in return a dark iron grey, which lie took back to AYaiapu. Honestly believed that the horse he took belonged to him. By Mr. Nolan: The horse .sold to AlcClutehio was the one he got from Eru.

Eru, recalled, stated that he got his horse from the Alaliia. Did not see the horse produced at tho last hearing. Admitted serving in gaol for a series’ of thefts, but ho said that had nothing to do with the present ease. AA r as apprehended in June or July, 1903, and was sent to prison for two years. Inquiry was made as to time, and tho Court records were turned up. Henry AleClutehie, recalled, stated that it would he about December.

After ail adjournment, the Crown Prosecutor stated that no records could be found.

Air. Finn addressed the jury on Hare’s behalf. Air. Nolan said that if the story of the defence was to be believed, Eru was the guilty party.

His Honor said that a delay took place to show where Eru really was. So far as the value of his evidence was concerned, if he wore a European' with convictions against him, his evidence would lie discredited, but this native entered the box and admitted being in gaol for various offences, just as if he were talking about whooping cough. The evidence was that Holiepa’s horse was missed, and it was sold, but if the jury thought the matter was in doubt whether lie obtained the horse dishonestly, then lie .should be given the benefit of the doubt.

After a short retirement, the jury brought iu a verdict of “Not Guilty.” THE NAPIER SITTINGS. Press Association. NAPIER, Alarch 3. At the Supreme Court to-day Richard Charles Jones, charged with stealing, was remanded lor medical examination. A young native, Rangi King! Epiha, who pleaded guilty to forgery and uttering, was remanded for sentence. Luther Alartin Murray was found guilty of assault with intent to rob, and ivas remanded until further charges of sheep-stealing arc heard. A young man, Percy Jones, pleaded guilty to robbery from the person, and was remanded for the probation officer’s report.