THEFT IN HOTEL

Gisborne Times, Volume LXX, Issue 11126, 8 February 1930, Page 7

THEFT IN HOTEL

SUO W-M A N CO N VICTE D. LINE Oh I'd IMPOSED. Charged with stealing the sum of tj~> from Leonard Lord at Gisborne on or about December .21 last, Edward Ivlountfort Tunnielitfe, a sideshowman. appeared beiore .Mr. I’. 11. Harper. S.M., in Lite .Magistrate's Court yesterday. Auer the hearing of the evidence, a conviction was entered and a fine of I'd imposed. Detective McLeod prosecuted and Mr. S. V. Beaufoy appealed on behalf of accused. Giving evidence oi character. Detective McLeod stated that accused had been twice previously convicted of offences involving dishonesty. Accused elected to hi* dealt with summarily and pleaded not guilty. Outlining the case for the Crown. Detective .McLeod said that compbtinant was a hoarder at the Royal Hotel on Deei'inher 21 Wilde accused had t!i<- room adjoining. Complainant had had several drinks and went tn bed in s jeep ii off. He awoke later and found a man standing above him and this man. on being u-ked what was wanted, said that "Andy had sent him to see that complainant was safely m bed. ' the visitor then departing. A short time later. complainant. who had been lying on lus bed fully dressed, discovered that a Cd note was missing from a wallet? in his pocket. On the hack of this note was written: "Goodbye. God blo-s you, ’ while, apart from this, complainant could identify the note by tear marks. On Saturday. January 4. accused cashed tlii* note in the bar of the Royal. The barman, to whom complainant had reported his less on the night <)■' the offence, recognised the note

as tallying with the description of the one stolen. The barman showed the note to his assistant and the licensee later informed the speaker of the discovery. Tunnicliffe was arrested on January 30 on the charge ol theft. Complainant did not recognise the man standing over him when he was awakened on the night of the offence, but noticed that he was wearing a blue blazer with white

Leonard Lord. the complainant, gave evidence on the lines indicated by Detective .McLeod in his addres'-. His door was open when lie was lying asleep on his bed on December 21. He hud, when reporting the loss to the barman, described the man as having been wearing a blue blazer with white facings. Andrew Sherrin. barman at the Royal Hotei. stated that*.Lord had ‘complained to him of being robbed, alleging that a man in a blue blazer with white facings had commuted the offence. On the night in nuest ion, accused was dressed in that way. On January 4, accused cashed tlit' Co note (produced) at the hotel.

Thomas Ward. assistant-barman at tin* Royal Hotel, gave corroborative evidence. Detective McLeod, in the witness box. stated that accused practically continuously, during carnival time in Gisborne was wearing a blue blazer with white facings. Mr. Beaufoy contended that no evidence of guilt had been brought ‘Tnvai'u. Tt had not been shown that accused w:i s the only man in the hotel that night who was wearing a blazer as ile.-cribed. while the on!v evidence that the thelt had been commiti***! hv a man so attired was from :t man who was intoxicated. The evidence of identification of the note. too. was far from satisfactory. Accused, in the witness box. entered an emphatic denial. After a few drinks on the night in question he wont upstairs to hod and. in the bathroom, found a man, who might have been the complainant, sitting groaning and singing with his head in his hands. Accused spoke to this man and .suggested hi* should go to bed. If thin was complainant, he "light well have become entangled up as to when accused spoke to him. Remarking that lie had no reason to doubt, the evidence for the Crown nml that, though fairly circumstantial. it was plain, the Magistrate imposed a line of to. and costs 12 I9s. also ordering TunniclilVe lo make restitution of the C 5. Default was fixed at one month s gaol with hard labor.