MAGISTRATES’ COURTS.

Globe, Volume IX, Issue 1349, 11 June 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, June 11. [Before GK L. Mellish, Esq., R.M.] Deunkenness. —Two first offenders were fined 5s each. John Robinson was fined 10s. Yageancy. —Joseph Evans Whitby, an Asiatic, was charged with vagrancy. Inspector Hickson said—He had been in comfortable circumstances at one time, but, in consequence of his wife deserting him years ago, he seemed to have lost heart and become utterly listless. The accused begged the Bench not to send him to the Asylum, but rather to prison, as he feared the effects of the cold. He was sent to prison for three months. Stealing eeom the Person.— William Hatch, on remand, was charged with stealing a gold brooch and a pair of ear-rings from the person of Mrs Pavid Thow. The theft occurred as far back as May 20th, 1876. Mr Izard appeared for the prisoner. Annie Thow, wife of David Thow, a horse dealer residing in Papanui, deposed—l recollect a man named Hayder calling at my place on the Saturday before the Queen’s birthday two years ago, asking me to spend the following day with his family at New Brighton. I went with him that evening past the Foresters’ Hotel. Wo went in there, Mr Hayder’s daughter remained in the cart outside while we went inside and had some drink. It was between seven and eight o’clock. It might have been a little later. We might have remained there half-an-hour or so. Vf o left and went to Mr Harder's residence, where I remained till Monday. I had some jewellery in a case —a brooch and earrings—in my pocket. I intended to wear them on the Sunday, 1 am sure that I had them when I left home, and when I entered the hotel, but I don’t remember having them after that. I missed them on the Sunday morning. I told Mrs Hayder of my

loss. My husband, I believe, gave £lO for them. I did not dispose of them or authorise any person to take them. I think I saw the young man (the prisoner) in the hotel. I fancy he served us. Mr McGuinness then kept the hotel. I called at the hotel on the Wednesday. I spoke to Mr McGuinness. I did not see prisoner there. I reported the matter to the police station. The jewellery produced is the same I lost. I identify them and the case. I am quite sure. To Mr Izard We might have remained in the hotel more than half an hour. We were drinking all the time. I [don’t remember how many drinks we had. I felt the case in my pocket as I was entering the hotel, I think there was one man or so in the room when we went in. I don’t recollect anything after I had the first drink. I don’t remember going behind the bar, or the prisoner coming on my side of the bar. I fancy I saw this young man there. I know it was the barman who served me. I don’t know whether there was another barman. I don’t remember what time we got to New Brighton. There were only Mrs Hyder and her children in the house at Now Brighton. I never suspected prisoner of taking it. Reexamined —I don’t know that I sat down. I went to the side door. As well as I remember, the drinks were brought to us there. To Mr Izard—l don’t know a Jew 'named [Symons. I don’t recollect seeing him there. George Hayder, a gasfitter, residing at New Brighton, deposed—l have been acquainted with Mr and Mrs Thow for some time. I remember a Saturday night two years ago. I and my daughter called for her to come home with us. On our way we went into the Foresters’ Hotel —the side bar —and had drinks there. The barman, this young man, served us. He brought the drinks into the room. We did not leave the room. There was no other barman there. I am quite sure prisoner served us. There was no one else with us except for a short time, a young man. We might have remained half an hour or three quarters. We might have had two or three drinks. My daughter was outside, so of course we did not remain too long. Mrs Thow left with me. Certainly we drove her home. Certainly some one assisted her into the cart. I helped, but I cannot tell who the other was. It was dark. The first thing on Sunday I looked into the cart. On the Monday I went to the hotel, and mentioned the loss to Mr McGuinness. I think the prisoner must hare been there. I would not swear that he was. The prisoner has never spoken to me about it. To Mr Izard —How do you know I was drunk ? I was not. I was sober. Prisoner served me with the drinks. I state that on my oath. There was no other barman serving there to the best of my recollection. I shouted, Mrs Thow shouted, and there was a young man who shouted. I could not tell that prisoner served all the drinks, Mr McGuinness might have served one lot. There was only me and another man who helped Mrs Thow into the cart. The Forester’s Hotel is on my way home, and I call there frequently. I don’t know a Jew named Symons. Re-examined —I don’t remember taking Mrs Thow to the Foresters’ Hotel on Monday. I cannot call to mind the prisoner speaking to me about the loss of this property. James Swindle, a jeweller, residing on the North town belt, deposed—l was manager of Mr Stewart’s pawnshop for five years. I selling the case produced to Mr Thow about four or five years ago for £lO or 10 guineas. To Mr Izard—l know a man named Symons, a traveller. He was about sft Sin., and stout. I don’t know that he was hard up two years ago. Yincenzo Bertie, landlord of the Forester’s Hotel, deposed—l took possession on the Ist July, 1876. The Erisoner was barman then, an assistant. He ad been there some time previously. On the 20th July, 1876, prisoner asked me if I would like to buy a second hand brooch, and pair of earrings. I told him I might if ho would let me take them to my wife. He did so. Next day I asked him how much he wanted for them. I put a mark on them. The articles produced are the same. He told me that he paid £2 for them to a man who was hard up. I said “They are rather cheap,” and asked if he knew the man from whom ho had got them. He said he did perfectly well. He said they were of no use to him. I know him well as a respectable young man. I gave him £2, and wrote the receipt I produce, and he signed it. I did not ask if he had got them honestly. Mr Benjamin called at the hotel and saw Mrs Bertie, who was wearing the brooch. I gave it to him and the earrings. To Mr Izard —My wife wore them pretty frequently. Prisoner did not say from whom he bought them. I knew a fellow —just like a ghost—who used to bring round a basket with things. He was a hawker. I don’t know his name. I have known prisoner a long time. If he had presented me the things, I should have taken them just the same. Detective Benjamin deposed—l received the property produced from Mr Bertie last Friday, the 7th. Mrs Bertie was wearing the brooch, which attracted my notice. From inquiries I made I saw the prisoner at the Scotch Stores, about half-past five, on the 7th, I told him I had got a brooch and earrings, made of greenstone and quartz, from Mrs Bertie, and that they had been stolen from Mrs Thow in May two years ago, and that he was suspected of having stolen them from her. He said, after a minute or two, that he had bought them from a Jew hawker fer £3. [Prisoner —“I beg your pardon.”] I then arrested him and explained the charge to him. He said “All right, my boy, I suppose I can get bail,” On the way to the lock-up he said, “ I admit selling the brooch and earrings to Mr Bertie. I sold them to him a couple of days after I bought them.” He said he had never heard of any brooch being lost at the Foresters’ Hotel while he was barman there. He said he did not know the name of the Jew hawker, or where he was to be found. [Mr Hickson here handed to witness the “ Police Gazette” containing the report of the robbery. Mr Izard objected to the “Gazette” being handed to witness.] I pointed out the notice in the “ Gazette” to the Inspector. To Mr Izard —Prisoner did not say he would find the hawker. I don’t know a Jew hawker named Symons, I never heard of him, I have been in the force in New Zealand for four years—not all the time in Christchurch. The Bench asked if Mr McGuinness was to be called. The Inspector said that Mr McGuinness was unable to attend, but would be called if required. For the defence Mr Izard called Detective Walker, who deposed that he knew a good many Jew hawkers and their names. He did not know one “ like a ghost” whose name was Symons. To Inspector Hickson —I have been in Christclxurch five years. Mr Thompkins deposed— Prisoner worked for me for nine or ten months, I would trust him with everything I have. Sergeant Beck, deposed I knew a Jew hawker named Symons. He has left Christchurch about four years. I cannot say exactly how long. We have been looking for him. He was “ wanted ” about three years ago. To Inspector Hickson —He had a moustache, and, of course, a rather remarkable nose. He was below the medium height. Mr Izard said he had wished to call Mr Savage to speak to the character of prisoner. His Worship said he was quite prepared to believe that prisoner bore an excellent character. Mr Izard then addressed the Bench, pointing out that there was no evidence that prisoner had stolen the articles, and the fact of his disposing of them at the place where enquiries would be sure to bo made showed it to be very unlikely that he had stolen them. There was no chance of a conviction upon the evidence produced. The Bench could not take the same view as prisoner’s counsel. The prisoner had said he had purchased the goods from a man who he probably was well aware could not be found. He had also disposed of them for the same money which he said he had given for them. The evidence was read over, and the usual question and caution having given, the prisoner caid I havp known the man several years—the Jew hawker. He was hard up. I have seen the man frequently come to the hotel, and have bought goods from him several times. He came to the hotel, and I said “ Hullo, you have an empty basket.” He said “ Yes ; this is all I have to give me a start,” and he fulled out the brooch and earrings, asked him what he wanted for them. He said £2. I said they were very cheap. Ho said, “ Yes, but it will pay jue to soil them, to filj my basket again.” I

was not aware of the Talue of the jewellery, or I should have suspected that he came by them dishonestly. That is all I have to say. At Mr Izard’s suggestion, prisoner added— The hawker was living at Mrs Brooker’s, in Madras street, just beyond the Holly Stores. Prisoner was committed for trial, bail being allowed, two sureties of £SO each, and himself £IOO. The required bail was immediately found.