SUPREME COURT.

Hokitika Guardian, 30 June 1924, Page 3

SUPREME COURT.

SITTING AT HOKITIKA

MONDAY, JUNE 20th

(Before Ilis Honor Mr Justice Adam-)

His Honor took his seat at 11 a.m. GRAND JURY. The following Grand .fury were empanelled:—F. Oliver, 15. Tliiem, J. C. Maefarlane, R. Lynn, E. J. Lloyd, T. J. Stuart, G. 11. Delbrklge, .1. 11. Wilson, J. S. Rain, C. Evans, M. IF. Houston, I). Eraser, D. J. Diedrielis, W. G. Keller, W. 11. Shannon, V. W. M. Ilonar, J. King, C. ■]. Nightingale, J. N. Robinson, If. W. Sweney, S. I’reston, W. J. Houston, I’. 11. Renton. Mr M. 11. Houston was chosen Foreman. IMS HONOR'S CHARGE. His Honor addressing the Grand Jury, said they would be glad to know there was only one ease to come before them and he could congratulate them on the comparative absence ot crime in this district. The charge tor them to consider was against Nash ot breaking and entering the shop ol Rotor Stephens and of theft of a quantity of goods and also ot limit, and iurther ol having possession o| the stolen goods. Ills Honor outlined the case, staling iin: goods alleged to be stolen were found in a bag under the but where accused lived at a mill on the Kokatahi road. Tin- Grand Jury retired at 11.12 a.m. and returned at 11.80 a.m. with a true bill against Richard A. Nash on all counts. The Grand Jury were then discharged with the thanks of the country. COMMON JURY. The Common Jury were called and sworn in. 4. .1. Mclntosh ■ fireman) and G. 11. Archer 'ill.) were excused. IN BANKRUPTCY. E. R. Hayes (.dr Sellers) application for discharge in bankruptcy. Order for discharge granted. THE KING V. .VASIL Richard Arthur Nash was charged that oil or about the I2iii day of January he did break and enter hy night the shop of Peter Stephens, and steal a quantity of goods of a value ol L'22, and further that he did steal the said good- and further that he received the said goods knowing them to have been unlawfully obtained. Mr James Park appeared for the Crown.

The accused who was undetended by counsel, pleaded not guilty. The following jury were empanelled .1. W. Morris, K. L. Ferguson. S. \ . Holley. I!. .1. Bradley, li. McDonald. G. E. Tomlinson. ('. Ross, 11. I’atcr.-on, i'. A. Keown, J. Milliter? and E. Croulsky. .Mr T. A. Keown was eho-eii luro-

M.r Park ordered the following to stand by—E. T. Stoop. A. Cederman, K. Thompson, 11. K. Nightingate. 11. McLean. .1. Marshall, W. Olderog. 11. G. Key, G. Shadbolt. W. A. Head. .1. L. Fowler, C. E. Foote. The accused challenged J. lb Ward C. ('. Oates. .1. It. Stapleton. A. It. King, J. L. Turner, A. J. King. Mr Park outlined i lie case tor the Crown and led evidence as follows: Peter Stephens deposed he was a fancy goods dealer ol Re veil Street. He arrived from Reeflon at I 1.20 p.m. and alter supper went to the shop about 12.45 a.m. Next morning was told the -hop door \ia- open and shop iiuiteiits disturbed, lls in silver was missing from the till. Had lelt Lt>2 in a cash box. That money was gone: also L'2 left on desk. Found jewellery, watches, chains, and other goods. Missed clock like that produced, also bottle limejuice and glycerine: had wallet like that produced and missed some : had ntoulh organ similar to that produced, also luindkoreliiels. Could swear to the watch produced: it wa - gi von i.-i him by lus mother. Identified two watches and the chains as hi' property. Identified pen by hi* own marking. HaiHlkerclocls ait -imilar to I hose produced wen* missing from Id* -Imp. lie locked the simp about I a.m. and in the morning the door was loreid open. Acelised did not buy the

wsiti-lu*'. I'mm witness. ncciiM'il —No one saw linn liidetlk- money iiwily to hi- knowledge. Witness iliil uni remember ac(•list'd in tin* simp. Wi 11 i:ti ii I lenry Stopforth deposed Ik* •am- a draper in 1 loUitiUn. Accused was a customer of witness. He enllld uni identity the liandhereliiel s prodmed as ha vine —• *li l them l" iiecu-ed. lie had similar .me- in -lock at the pre--ent time. Til 11 is I Inniir lie did mn Umiw his evidenee was dilVereiit in that given in the lower eonrl. 11 1 - evidenee ill the |n\v<*r CnUN Hii> « «MTrrl . To ii.-etised 11“ would swear that it was i|iiite prnhahle the handkerchiefs e’arhed "A" were -imihir l" those lie '•ad in •toeU. Since llm (licit the tic-. , a-,.d had liei"ii in Hie hahit "f purchasing similar good-. John .loseph Moreau deposed lie Wits (he licensee of the .Masonic Hotel. Ho knew aceit-ed, who was a hoarder bell ue Xmas, lie slept at the hotel on the nielli of the llth January. •r . S ed—Since his arrest, accused had bought cigarettes irom him. William Cl.aide- Sampson deposed he was tnployee of the Kokatahi M'ti,„i|| C'ov. lie had worked with ncrilsed in the bush. Aecn-e.l left on o;-Uh February ■ He camped a amt A. chain away llememhered cricket i„,r plaveil near the huts near end of •■■ehruarv. A kail was lost the pre- \ ion- evening. The nest night witness was looking for the hall and under the hut Nash "occupied found a ha” wit.i jewellery in itin it. Would swear to the watch with ','teeii enamel and other articles. Told Mr Barlthro,. , alio.it Undine them and they planted • the woods in the mill. Four ol them held a nicotine ami decided to put them hack under the same hut M itness went to the police "" 28t ’'- tl ''" vnarv. Did not talk to the accused. To Aeeu-ed -No one saw 'witness litnl the goods in the lirsl place. Did not ask aeei’.-ed ahout the goods Was waiting for eiioiilries to he made before giving information to the polite. Hector I . Bnrithrop deposed lie wa.s emdiieei* at the Kokatahi Sawmill. Kmi tv accused, who was working there i„ I'Vliruary. Was playing cricket I near accused's hut. Was looking tor I the hall lost the previous night. Sampson showed witness a hag containing jewellery that ho had found under accused's hut. They planted thorn under some sawdust in the mill. Aftei a meeting witness put the things hack under the hut. Accused nlmut this time told witness lie had lost two watches and chains and other things ami that they had been taken from under his hut. After the accused had asked about them, witness put them uuiler tbo lnit- agniii. To Accused—He did not reply to accused when ho asked about them, because lie wanted to see what Samp- , son said first, anil they decided to put them back. John Smith deposed he was working at the Kokatahi Sawmill in Fete diary last. Accused came into his lint end asked if witness had taken any jewellery from under his lint. Witness replied that he had not and had not seen anyone else take it. Accused mentioned *.«o watches and a greenstone chain and that if lie had had hand money that would have gone too. Accused asked several times ahout the articles stating lie would punch anyone who took them il 1"' found out. Charles John King. Sergeant of Folire deposed, op morning of l2jh ; ;Tnn- *

itnry at 1 o'clonk received a telephone message from Peter Stephens. Sent two men up to investigate. Later on visited the .shop himself. Saw indications of the front door having been forced. Tho lock had been sprung. The door leading from the billiard room to the shop had marks of an attempt to force it with an axe. Stephens disclosed a list of money, jewellery and clothing that was missing. On the 28th. February saw accused at tho Central Hotel and asked if he was leaving the district, and he said yes. Asked him and he denied knowing any thing about the Stephens affair. Searched his luggage and found handkerchiefs, alarm clock, wallet, mouth organ and other articles, therein. Asked accused where he had bought the handkerchief, and he replied at Stoplorth’s about ’Xmas time. Told accused he was not satisfied with his answers, and took him to the police station. From there he produced the handkerchief to Stopfortii. and he said he hud nothing like that in stock, and never had. and did not sell handkerchiefs like that to Nash. From there produced the handkerchiefs to Stephens and ho replied that lie had some like that in stock anil some like them had lioeii stolen. At 0.80 o'clock that night, met Wm. Sampson, proceeded to Kokatahi mill,'and there was shown a bag containing jewellery etc., that was stowed under a hut occupied hy Nash. Brought them hack to Hokitika and produced it to Nash and asked him if lie had seen it before He said lie had an idea where witness got that. You got it at Kokatahi. Told him it was found under his hut. Nash saiil lie planted it. Asked where he got it from. Nash said it was his whack ol Stephens’ robbery. Said there was a lot more missing yet and Nash said that was all tho stuff he knew alxiut. The Court adjourned at I p.m. fur lunch.

AFTERNOON SITTING. His Honor resinned hi.s seat at 2.1 p.m.

Sergt. King continued hi.s evidence: -lie recognised the desci ipiion of tho watches given hy the complainant. Those articles were identified by Stephens. The news of the robbery was i omuiou knowledge. This was the ease for the Crown. The accused called evidence as follows : —. Thomas Robinson, deposed he was a stationer at Hokitika. He slocked the line, limejuice and glycerine, and mouth organ, lie could not remember accused purchasing these articles from witness. He may have. James Morgan deposed he was a laborer of Hokitika. Accused resided ut the hotel in January. Remembered accused purchasing a pipe from Barrett. It was similar to one produced. Witness bought one at the same time. Accused dropped his at the front door and broke it.

Benjamin Riddulph deposed he was the caretaker of the Miners Hall at Blackball. Dining Dec. aud Jan. he occupied tin l same room as accused :u the Masonic. Went to lied on the night of Stephens’ robbery about a (|imrtcr to 12; aroused i-aine to bed a quarter of an hour later. Did not think accused could leave the room without witness hearing him. lie came in a quarter of au hour after witness and was there in the morning. Witness remembered accused having au alarm dock and wallet he fore the robbery occurred. The articles produced were tlio same. To Mr Park—As near as lie could remember the wallet and alarm clock won' like llio-o the accused had.. Had heard of the robbery. Had never beard Nash was accused of the roliberv.

Richard Nash, the accused, deposed lie was a biisliman employed at Kokaiahi. On Jan. II and 12 lie was boarding at the .Masonic Hotel. Hokitika, t)u ihe night ol Jan. 111 h lie went to bed about 12.20 to 12.80 a.m. Know nothing of the crime till the morning. Some days belorc ho left the mill while looking under the hut for a erickel bull fie saw a bag. li contained jewellery and handkerchief-. lie left it where it wa-. Being curious as In bow and why il was there, lie made enquiries from the othei employee' at Ibe hull e.iai all prolv'.-eil to know nothing about it. On I'Vb. 2S left, the mill, with no intention ol ret lulling and but those goods behind. Was not lLcn slue, that they were stolen properly. Winn lie came into town he was arrested aud denied all knowledge ~i ifie ihell. Sergt. King searched his luggage and all the articles taken were 111, own private property. The clock wa- puehased in the North 1-laud aud the wallet also. They were both ill his posses-ion belorc lie came to Hokitika. Tile hair nil and mouth organ he bought from Mr Robinson. The pipe In- bought from Barrett. I lie handkerchiefs were bought Mr StopIm lli. Since I lie robbery had been ..lion ol clot lies and wa- “bol t ol

T„ .Mr I’iirU- Ilf < I i<l "«>t say 1,1 ,q (M -jrt Kinf llml these tinlif* w-re whack of Slopin'n’s I'nlilifi'.v. !!■■ tulil S,-|-ft King 11 1 itt- lif knew tlie -till! was miilfr his lint tit Kokatahi. Ilf n'i'lis,.,l licit it was purl fl StoplieiPs borv hoeait.se it uns described in me charge sins' t. lif l>"‘if! tlf stull Hii(|,.r his hut tvlifii look ins' tor ;i cricket, hall, hut i:i,l mil l"M anybody. Ilf tlul uni miss lln'in from inflf l" s . I,M |- His reason Ini' his enquiry f.r Smith, it I:,. hil'l sf.-ii anvmif wearing a g"kl ami fiffiistmif I'liain. was to iiml out if hr knew anything about it. Ilf 1 ‘ ll ‘ mil ask Smith il lm kimw wlm tank th" Stull- I rum i.mlfi' his lull. Ilf wanted to know wlni put it ihci'i' ami so asUSmith if lm ha,! seen any jewellery. Wliou lm asked I’.arltro|V il lm hail seen any jewellery. witness iliil nut say u hat! Inmii takfii auav. In- did not makf a definite niknnwh'iigemi'iil m thf robbery to Sergt King. To His Ilinior—llf purchased the wallft in Wellington in Sept. Ilf w rot i* his name ami mlilress in il.

To Mr Park—llf ili'l tint realise till r harff was read to hint that the . 1 nil' was part of Stephens rubbery. This was the evidence for the de-

I'eneo. Tim accused addressed the jury, claiming that the prosecution had not proved lie had any part in the rohlmry. Ho had shown that he was in hod at the time when the robbery occurred. I!t‘ 1 1;i«l loft tko mill for ulion lie was arrested, and that the foods were loft behind when lie canto away. Mr Park did not address the jury. Mis Honor said the defendant was acetised with theft of articles found under the hut at TCokntnhi, which wore identified by Stephens. The evt,lo,loo for the Crown showed that the articles were found under the hut occupied l.y M' - cased who told some ol I l follow workmen that ho had h«.st some jewellery from under his '»'*• Then there was the evidence of f-ei'it. Kin-r as to the arnst. find the production of the liatr. That the said it was Ills whack of Stephens rohliory. The accused had called witnesses" as to having some of the articles before the robbery. The accused in his evidence said he made enquiries from his fellow worker* about tho articles under tlio hut. Ho donied the evidence of Sergt. King, M to where he pot the poods. If the statement of accused was correct he made enquarms its to the Joss of the bap. which were false. Ihi question of fact was for the jury to consider. There were three charges to deal with. If they accepted the story of t!m accused and believed the >ergt. had manufactured liU evidence they must first rementlior that accused did Ilt ,t ask the Sergt. one question when the latter was pivin-' h*s evidence. The jury • ’ ’*> I'.ni. (Left Sitting).