MAGISTRATE'S COURT.

Hokitika Guardian, 25 March 1924, Page 3

MAGISTRATE'S COURT.

TUESDAY MARCH 25th. (Before Messrs 1). J. Evans and A. E. Benjamin, Justices.) BREAKING AND ENTERING CHARGE. Richard Arthur Nash was charged with, at night, on 12th. January, breaking and entering the premises of Peter Stephens, and theft of a number' of articles and money, of a total value of £2OO. Mr YY’ells appeared for defendant. On hos application all witnesses wore ordered out of Court. Sergt. King appealed For the police and outlined the case and led evidence as follows:

Peter Stephens deposed he was a tobacconist and fancy goods dealer in Revcll Street. On 12th. January Mr McGavin reported to witness that his shop door was open. YY'ent along at once and found the front door open. Found the shop upset, suit cases on the floor and goods disarranged. Found no money in the till except sixpence in coppers. Found a tin box that had contained money £(U 11s on the desk, but the money was gone. Made a thorough search. Found the articles missing included the list of articles of which the defendant is accused’of stealing. Produced iceeipt for watch, which was one of the articles taken and recovered. He left the shop the previous night. He returned from Rcefton at 11.30 p.ni. on tlie 11th.. and after supper went to the shop for some cigarettes. That was about 12.45 a.m. on the Saturday morning. Used a pocket torch. The shop then appeared in (food order. Locked the door, and left it secure. Then went to Ins drapery shop, and saw a man, Paddy Duncan, on .the doorstep. No one else appeared to he about. He could identify the .stuff lie lost. He identified file fountain pen, rolled gold Keystone watch and greenstone chain, silver watch (second hand) handkerchiefs, necklets. Did not sell this stuff to accused. Did not know him. Lost Loewe pipes similar to those produced. YY’allot produced was similar to that he had in stock. He did not mark it; also alarm clock and mouth organ, lime and glycerine. A quantity of the glycerine cream was taken. Did not sell the clock to Nash. The watch and chain produced with name engraved was his property, also open faced watch and chain and bangle. Handkerchief pioduced was tho same texture as those previously identified. No one had authority to go into the shop and remove the articles. He valued the goods taken, including tho money at £2OO. He was always consulted about the sale of any jewellery, and had not been consulted in regard to the sale of any of this jewellery. To Mr YY’ells The goods stolen were

of a nature that was sold by other storekeepers in tlie town, except ns to tbe watches and jewellery, of which he was positive it was his property, lie had told the police he had lost £IOO worth, but bad found out Intel- it was over £2OO. He did not think lie lmd sold Nash any goods at all. His daughter and girl employee had access to the stock in the shops. There was a door communicating from the shaving saloon and the front shop. John Joseph Morgan deposed he was licensee of the Masonic Hotel and knew the accused. He was a hoarder at the liotcl from before Ninas. Alter Ninas lie went to Kokatahi and used to come backwards and forward since then. Nash was to breakfast on 12th. January. As far as lie knew he occupied a lied the previous night YY'illism Henry Stopl'orth deposed lie was a mercer in Revel! Street. Knew accused and had done business w*ith him and found hint straight-forward. YY'hcn he was shown a handkerchief some time ago (produced) lie could not identity it as having stocked it. Had nothing in stock to eonesuond to the border. He could not swear that, he did not sell that paitreular han-lkerrhiet to accused. He did not have handkerchiefs .of that texture in stock in January. To Mr YY’ells—He might have had handkerchiefs of that texture in stock before January.

William Charles Sampson deposed he was employed by the Kokatahi Sawmill Coy. nt Kokatahi. Know the accused, worked with him up to a month ago next Thursday, lie camped on the job in ji. Imt, alone for part ot the time and then had a hut mate. The hut was alongside the road, about. 1) miles from the main road. Some time in February, witness was playing cricket a little below accused’s hut. Accused was also playing. \Y itness went under the hut looking lor the ball, hound a cigarette box and a sugar hag with some watches in it. Examined them. There was a watch chain, tooth brush, fountain pen, handkerchiefs. Identified the engraved watch as in the hag and the other watches and chain were similar. He showed the articles lie had found to Mr Bnrltrop, the engineer at the mill. They decided to reinov* the articles. They had heard a lot ol talk and were suspicious that they should not have been there. He suspected that the stuff was Stephens. Xu one enquired for the stuff I nun witness. Tie knew that several of the men had been asked. Remembered the day Nash left (Feb. 28th). Nash had not spoken to witness before leaving. Did not know he was leaving. Know he bail left when, witness got to the mill from the hush. Both worked in the hush. When witness heard that Nash had "■one he nine into town. He had not removed (lie stuff before coming into town. He reported the matter to

I!u' police. , To Mr Wells —They kept the stult to .•00 if anyone enquired for it. Hector L. T.arltrop deposed ho was employed as an engineer by the hokalahi Sawmill Coy. at Kokatahi. Knew the accused, who was employed there during February. Remembered hemp: shown .somethin" in a sugar hag. t contained two watches, chains, and other articles. He identified the aiticles produced. He knew where they were planted hy himself and Sampson and later lie returned them to under the hut. Nash enquired from witness if he had seen any jewellery, told him that he (witness) did not know anything about it. Nash said. it was a gold and greenstone chain and watch and another little watch and chain. Nash enquired once, hut he did not know if he lolt that day. Charles John King, Sergeant o Police deposed on the morning ot dan 12th he received a telephone messa"e that the shop of Peter Stephens It eve 11 Street, had been broken mto and a quantity of goods rernovet . . n examination of the shop door ranked the information. Stephens gave witlu..s a list of articles he had missed, including money contained in a tin amongst the clothing. He said there was CG2 in notes and some small j change. Some clays afterwards he received an amended list, including more clothing, jewellery and tobacco mtssi„e. On Feb. 28th saw Nash at the Central Hotel. Told him witness suspected him of being implicated m Stephens’ robbery. He denied it. Asked him if he had any stuff m his lug gaee belonging to Stephens and he replied no. Made a search. He produced and claimed as his own a number of handkerchiefs, new ones unwashed. an alarm flock, mouth organ bottle of glycerine. Produced one of the new handkerchiefs and asked where he got it from and he replied that he bought it from Stopforth Took to the police station and detained him.

Searched his person and found other handkerchiefs similar to those already found together with £lO odd. At 7 p.m. from information received went to Kokatahi sawmill. " Saw Barltrop and others. YY’as taken to a hut that had been occupied by Nash and under the floor, alongside the chimney was shown a sugar bag containing the watches etc produced and took possession of them. On arrival at the police station took Nash into the office, and showed him the articles. Nash said he knew where it came from, that it came from Kokatahi. YY'hen told it was found under his hut. hidden away, ho said, “Yes, I planted it.” Asked where he got it from, Nash said, “That’s my whack of Stephens’ robbery.” Asked if that was all he had, he answered “Yes.” YVitness said there was a lot more stuff missing and Nash replied that that was all the stuff he knew anything about. During the early part of February witness went to a spot midway between tlie Ross railway and Riinu, and at the foot of a stump found the articles mentioned in exhibit G.H. and I. YY’itness produced these exhibits to accused who denied all knowledge of them. These were subsequently identified by Stephens as goods missing. The Court adjourned at 1.10 p.m. till 3 p.m.