MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2175, 27 April 1908, Page 1

MAGISTERIAL.

.SATURDAY, APRIL 25. (Before Mr. W. A. Barton, S.M.) ALLEGED THEFT ON A STEAMER. A man named James Garrety. appeared to answer a charge of having, while between Napier and Gisborne, attempted to commit the theft of a pocket-book, valued at 10s, the property of William Altwill Spurrell. In consequence of information received from Mr. Preston, the local manager of the Union Company, Detective Rawle arrested Garrety when ho was stepping ashore from tho Tuatea. Mr. G. (Stock appeared for the accused, and Detective Itawle prosecuted.

William Attwill Spurrell, shecpl'anner, Gisborne, stated that he was a passenger from Napier to Gisborne by the a.s. Manuka, which left Napier on Friday night. He occupied a borlli in the music-room, retiring about lt.p.m. At about 1 a.in. lie was awakened by accused fumbling at his right-hand nip pocket. Witness calls oil out, “What have you been doing hero?” and jumped out of his berth, and followed the accused, who walked away hurriedly. Witness thought that he (accused) had gone into a berth on the opposite 1 side of the room, but oil reaching that point lio lost sight of him. He (lien went across the room and spoko to a - man named Taylor, who was in a bunk. Ho asked Taylor if he had seen accused walking round from his (witness’s) berth, and Taylor then pointed to accused, who was lying in the corner near his berth. Accused thereupon got up and left the music-room, walking rapidly, and witness followed him to tho smoking-room, where he asked accused what ho meant by fumbling at his (witness’s) pockets. Accused replied, “I have not dune it. I have been here all the evening.” The poekt-book (produced) was in tho pocket at which accused ' had been fumbling. Witness returned to the music-room and saw a hat on the spot where accused had been lying. Ho then went for tho chief steward, who accompanied him to the smoke-room. Witness told the steward wliat had happened, and accused again denied the affair, stating that he had not left the smoking-room at all. To the Bench : Had no doubt whatever that accused was the man that had been interfering with his pockets.

To Mr.-Stock: The music-room was in darkness. About a second elapsed before accused walked away, but ho saw him clearly by tlie light which came from the doorway, lie believed that- accused had a hat in his hand when walking away. When he followed accused to the smoke-room lio found him in a berth with liis coat off pretending to he asleep. To the Bench: A bright electric light was showing in the doorway of tho music-room,' by which ho identified the accused. ,"

Vernon Taylor, who also slept in tho music-room, stated that he was awakened by someone calling out, “What are you doing here?” He took no notice of this, and was lying in his berth with his right arm projecting when something touched his arm, and die looked up and saw a man on his hands and knees watching the movements of the witness Spurrell. When Mr. Spurrell went out of the music-room, accused got behind the piano,' and on Mr. Spurrell’s return witness drew his attention to the man lying in the corner. To Detective Rawle: ITo recognised the accused as tho man who was crawling on the floor. While witness was talking to Mr. Spurrell, accused got up and walked out, pretending to be drunk. On rising in the morning witness missed his hat and found another in its place, which he identified as tho hat produced. He eventually found his own hat on deck. Detective Rawle stated that when ho arrested accused he was wearing the hat which had been produced in Court. When charged with tho present offence accused mado no reply. Accused pleaded “Not guilty,” and was committed for trial to the next sittings of tho Supremo Court in Gisborne. Bail was allowed in £5!) and two sureties of £%5 each,