RACECOURSE INCIDENT

Hokitika Guardian, 31 January 1928, Page 4

RACECOURSE INCIDENT

THEFT AT OMOTO. BUSINESS -MAX CONVICTED. (Grey Star.) Francis William Aloss, cleaner and dyer, of Greymouth, appeared before Air AA'. -Aleldrum, S.AI., at the Greymouth Court yesterday charged that, at Umoto on January 2. lie did commit theft of £3, the property of Matilda Sherrill'. He pleaded not guilty, and was defended h.v Mr AA’. J. Joyce, upon whose application all witnesses were ordered out of Court. Detective M. C. Alurcli, who conducted the prosecution, said that Mrs Sherrill', during the afternoon, went into file tea, rooms at Omoto. She had in her bag her own money, and another eg j n notes, belonging to another lady, the two sums being kept separate. After leaving the tearooms she found that the CM wore missing, and searched the tea rooms, unsuccessfully. Shortly afterwards she was told by Airs Benjamin that accused had picked some money up from under the table. Airs Sherrill’ complained to Constable Brown, who questioned accused. Aloss denied picking up anything in the tea rooms, but then said he might have picked up his race hook. He asked Airs Sherrill how much she had lost, and whether the amount included any silver. A few days later, his wile went to All's •SherriiT and paid her 23. hut a lewdays alter that. Airs Aloss against went to Alls Sheirili' and asked lor the return of the money.

Airs Matilda .Sophia Sherrill', wife ot the licensee of the Three-Mile Hotel. Hokitika, staled that she had 23 belonging to a Aliss O’Brien, in addition to her own money. She " just knew ' accused, hut did not see him in the tea rooms. She counted her own money while in the tea rooms, to see how she was for the day, as it was then about 4 p.in. She thought she also replaced Al.iss O’Brien’s £3, hut later missed it. It was in the hag when she was in the tea rooms. From what Airs Benjamin told her later, she told Constable Brown, and the latter questioned accused, who denied taking the money. The constable informed accused that it was no good telling a lie. as some ladies had seen him pick up the money. Accused then said ho might have picked up his race-book. Accused later asked her if there was any silver among the monev she lost, and she told him there were three £1 pound notes. Accused then said lie would “have to get busy.” Airs Aloss some time later called on witness and gave her 23, hut again called and asked that it lie returned.

To Air Joyce: She brought .2-1 to Oroyniouth for Aliss O’Brien, who worked at Hokitika with witness’s daughter, hut Aliss O'Brien took only t-l at Greymouth, and left 2.3 with witness. Accused had done some cleaning work for witness on one occasion. Alls Aloss said that her husband had not agreed to the payment of the 23, hut witness told her it could not be returned, as she had given it to the owner.

Airs Jessie ,Sarah Benjamin, of Hokitika, said thaL while in the tea rooms she saw accused pick up some notes I'roni tlu> floor, between the chair and the table where Airs Sherriff had been sitting. She did not know how much money there was, as the notes were rolled ufi.

To Air Joyce: Airs Sherrill' asked for a spoon, and witness gave it to her. Later in the day. she asked Airs Sherrill’ if she had lost any money, and the reply was "yes.” She did not know where accused was sitting in the tea moms, hut saw him go ou( very quickly after he picked up the money.

Airs Alary Ellen Brooks, of Hokitika, stated that she went to the tea rooms with Airs Beniamin, and saw accused there. Alter Airs Shcrrilf left the tea rooms, witness saw licensed pick tip a pound note under the chair on which -Mrs Sherrill' had boon sitting. The note was rolled, and there may have liven more than one. She was posilive accused did not pick up a rave-hook. To Air Joyce: She was sitting :n tinnext table to that which had boon occupied by Airs Sherriff. She did not see accused with a race-hook in his hand. She knew accused, who had been in business al Greynunith and Hokitika. Constable J. Brown, of Greymouth, who was on duty at the racecourse, said that, alter receiving a complaint from Airs Shcrrilf, he interviewed accused. The latter denied picking up any money, hut said he might have picked up a race-honk.

Detective March said he interviewed accused on January 5. and took a statement from him. in which accused stated he dropped his race-hook. lie had some of his own money (30s) in his hand at the time, as ho intended to he k Flaming Ray. He denied picking up any money. lie told his wife that ! .• had bet'll blamed for picking up Airs Sherrill's money. Without his knowledge, his wife went to the Three .Mile and paid 23 to Alts Sherriff. To A 1 .!' Joyce: Mrs Aloss was present at the interview, but said nothing about making another journey to the Three Alile. She was upset on account of what her husband had told her, and said she thought she had better pay tin 23 as her husband might he blamed. ” EYESIGHT TEST.”

Air Joyce said that the defence wa; a total denial of the charge. Aloss was in business •at Greymouth, am when lie told his wife about the charge against him. she was very worried, and paid 23 to Airs Sherriff on her own initiative. AYlien accused heard abou, it. he told her to go hack and get tin money, faking his career into consul oration, it was very improbable that lit would pick up and retain money, as

alleged. It might he said that people’ l r eyesight did not deceive them, hut alter tile ” famous evidence ” from ’ people all over New Zealand who de- • dared that they saw the Tasman aero- ' plane, he .submitted that the e.vesigh ’ tost could not in all cases he relied upon. It would he very difficult for people to see a pound note rolled up, under a table. On two previous occasions. at Hokitika and Greymouth. accused had picked up money at the races, hut lie immediately sought out i..e owners and returned it. The fact tint his wile paid the money was only a natural thing for a woman in her delicate health to do. Accused, in evidence, said that h was a cleaner and dyer, and had been in business at Greymouth for about 18 years. He had about CD when lie went to the races. He entered the tea rooms. “For what purpose?” asked Al"

Joyce. , “ To have a cup of ten.” replied accused. He denied picking up any money in the tea rooms. He did not know his wile had £'3, and lie, gave her tin autnority to pay Airs Sherriff. He did not know until her return that she had paid the money. He then told her that she had no right to do so, and had got him “ into a tight corner.” Re told her to go and get the money hack. On one occasion, lie found £lO

or £l3 in a purse at the Hokitika races, and also found a purse at the (■reymouth races. He returned them l«oth immediately. This eras the first time lie had been in Court. His wife was very much upset when lie told her he was accused of stealing money. To Detective Murcli: He admitted calling for his wife to he present when the detective interviewed him. Was it so that she could corroborate what you said about her going to Hokitika ?—lt did hot make any difference whether she was there of not. I liever got her there for a joke. ' |

Wily did you not toll me she had paid the .£3 when I interviewed you?— I did not want you to ring Airs Sherriff up and advise her not to return the £3. Accused, in reply to further questions, said that he got 30s out of his pocket to back Flaming liny, which subsequently won. and had it in his hand in the tea rooms, and had his race book in the other hand. He (hopped the race book. The S.M.: Was your wife at the races?—Xo. she does not go to the

races. AYlien was it you .first told her?— When 1 got home. She was very upset. icid you tell lier you had nothing to do with it?—Yes. Did she not take your word?—Oh. well, she said : “ What would people say ? ’ ’ “That will do.” said the S.AI. “ I have no doubt whatever,” lie continued, “ that accused picked up the £3. lie went on to review the evidence ot the various witnesses, and added, “ ’ am quite satisfied that Mrs Sherrill dropped the money, and 1 am quite satisfied also that the evidence of Airs Benjamin and Airs Brooks is true, and that they saw accused pick the money up. It is quite clear that lie left tin impression on his wile’s mind that he picked up the money, as she considered it proper to go down to Hokitika and pay the 23. If he were innocent, she would naturally take his word, unless his manner had been such as to convey the impression that he picked up the monev. Under the circumstances. I consider that lhe ends ol justice will be met by the imposition ol a line.” Accused was convicted and lined 25. and ordered to pay expenses totalling .22 13s 2.1.