POLICE COURT.

Kaipara and Waitemata Echo, 7 August 1912, Page 3

POLICE COURT.

FRIDAY, AUGUST 2nd,

THEFT OF £30

(Before R. M. Cameron, Esq., and "W

Eyall Fosbroke Esq., J's P.)

James Woodward alias Bryden, was charged that he did on or about the 13th July, steal 3 £10 notes, the property of James Hunter. Sergeant Cowan conducted the case for the Police ; accused was undefended.

J. Hunter, sworn, said: I ax a carter residing in Helensville. I have a three roomed cottage at the back of my mother's house, I sleep in one of the rooms in the cottage. On the Bth July last, I cashed L39 13s at the Union Bank of Australia at Helensviile. I received three LlO notes, nine sovereigns, one half-sover-eign, and three shillings in silver. The 3 £10 notes I put in the inside pocket of my coat. I hung my coat up m the wardrobe. It was a tan pocket book with an elastic band around it, It had a silver shield on the outside with my initials (J.H.) engraved on it. I identify the pocket book produced and the shield as my property, On the morning of the 19th July I hs.d my mind made up to go to Auckland; putting on my coat, I put my hand in my pocket to take out my purse, and discovered that the purse containing 3 ten pound notes had gone. I informed my mother of my loss, and straightway went to the Police station and reported to Constable Driscoll, It was then about 7 a.m. Did not give anyone permission to remove anything from my cl6thing. I know the accused, J. WoodAvard. Employed him on June 25th, 1912. He left my employ on 13th July, and 1 paid him up on Mod~ day, 15th July. I paid him £5 in gold (consisting of 4 sovereigns and 2 half sovereigns). Ido not know if accused had any other money or not. Accused had liberty to come into the house, using my room or my brother's to change his clothes, to save him going to the boarding house where he slept. He had his meals at my mother's. He did not drink to excess. I have never smelt drink on him. I did not know accused before I employed him. He slept at the cottage on two occasions in my absence. He knew where my clothes were hanging, On the 20th July last I wa? in the train between Henderson and Auckland; accused was in the carriage under escort. He commenced a conversation by saying that he was very soiry for what he had done, and assured me that I would receive £15 12s from Mr Service, who was a hahdresser in a tobacconist shop opposite the new Post Office, in Queen St., Auckland. He told me he asked my mother if I was coming home from Mrs Millwaid's on the particular night (the 13th inst). He said on the same night as be took the £30 he had 2 £10 notes of his own, and on him altogether he had £00 12s Gd. He said, I will be up on Monday night and I will see you again.

Continuing witness stated : I made inquiries and asked for Mr Service, and was informed that theie was no one there of that na::ae. I also made inquiries at two shops lower down in Queen Street, but failed to locate a Mr Service. Accused admitted spending one o-f the £10 notes at Mr Megson's on Saturday night, another he paid to Mr Bauman on the Sunday, 14th July. In a conversation on the night he was arrested, he satd he would like to pay me back the moaey. He also admitted he was sorry. 1

have searched my pockets to see if money was there, but could find no trace of it. During the conversation in the railway carriage on the 20th July, accused said '• I have left £17 5s with W. Hockey, I gave it to him on the Sunday night."

Mr ~R. TA Parks, sworn, said : I am a clerk employed in the Union Bank of Australia at Helensville. I know Mr James Hunter, he came to the Bank on the Bth of July last, and presented three cheques amounting to L39 i3s, for which I gave him 3 10 pound notes, L 9 10s in gold ; and 3s m silver. The notes were on the Union Bank of Australia. I do not know the numbers.

Jarnee Arthur Megson, Storekeeper at Holensville, sworn, said : 1 know the accused. He came into ivy store on Saturday, July 13th last, and bought goods to the value of £6 17s 2d and tendered a £10 note. I could not swear on what bank it was, I gave him change, £3 3s.

W. A. Laird, Jeweller, of Helensville. sworn, said: Accused came into my shop and asked to see some gentlemen's rings, he bought one at £2 10s; he paid me in gold. He also bought an albert, for which he paid me one pound, this was a pound note. He also looked at some watt hes, and selected one at i^o, for which he tendered me a £10 note. I gave him L7 in change, The note was on the Union Bank of Australia. I did not know accused before he came into my shop. E. Bauman, Tailor, Helensville, sworn, said :On the 15th July last accused came to my shop to get a coat tried on. He had previously ordered a suit from me on the Thursday or Friday before the loth July. Accused paid me three pounds on the loth inst; he tendered me a ten-»pound note and I gave him L7 in gold. I do not know what Bank the note was on.

Examined by accused : 1 remember telling Alex Hun tor to tell the accused to come and see me. He came to mj house and then we went to the shop. He did not try the suit on on Sunday.

William Stephen Hookey, sworn, said: lam a labourer residing at Helensville. I know the accused. I never at any time received any money from him. I never had any money transactions with him.

Constable Drisooll, stationed at

Helensville, sworn, said : About 7a.m

on the 19th July, James Hunter came to the Police station, and complained to me that he had missed a purse containing 3 LlO notes, and thought someone had stolen it. Hunter stated he had got the notes from Mr Parks. Hunter gave me a description of the purse. On making enquiries I was informed that accused had been spending money freely both in Helensville and also in Auckland. I learned that accused had changed a LlO note at Mr Megsoa's. another at Mr Bauman's and a third at Mr Laird's. I arrested accused on the same day in Helens-* ville, and when being searched at the Station, he admitted taking the L3O from Mr Hunter's. The purse produced was in his possession. The silver plate was missing from it, I asked him where the plate was, and he told me it was in his bedroom at Cullen's boardinghouse. I accompanied him thera and recovered it. Accused stated he was using Hunter's bedroom on the 13th inst, and took the coat by mistake for his own. The accused stated that on going through the pockets he found the purse containing the L3O, and was tempted to make use of the money. He said ho was sorry for what he had done to Mr Hunter, but he had been drinking. Accused made a statement which he signed. The statement was read as follows :—

" I the undersigned, James Wood* ward, make the following statement of my own free will and without fear or favour. I came to Holensville from Henderson about seven weeks ago and started to work for James Hunter driving a team of horses. Hunter was paying me 32s 6d per week. On Monday, the 15th inst., Hunter paid meL5. I then had two LlO notes, also one L 5 note and about 12s 6d in silver, This was my own ; thetwoLlO notes I got from my uncle at Mt, AlAlbert about two months ago, the L 5 note I received from Mr Wilson, contractor of Henderson. On Saturday, 13th inst., I was in Mr Hunter's bedroom and I took a coat from his wardrobe and I put it on thinking it was .my own. On reaching Cullen's boardinghouse I put my hand into the in. side pocket of the coat and found a purse containing 3 ten pound notes. I changed one LlO in Megson's store, buying clothing to the value of about L6. I also changed another LlO note with Mr Bauman, tailor, giving him L3 as a deposit on a suit of clothes. The third LlO note I changed at Mr Laird's, the Jeweller of Helensville, where I bought a silver watch for L3. These three LlO notes which I cashed in Helensville are the three LlO notes which I took out of Mr Hunter's purse I am sorry i took the money, and I am willing to repay the amount, I was drinking at the time, and must have been mad to do such a thing.— J. Woodward."

Constable Driscoll continued : Later on accused made another statement to me in the presence of Sergeant Cowan, that there was Li 7 12s behind a box in Mr Hunter's bedroom, being part of money he had stolen. In company with Sergeant Cowan and accused I went down to Mr Hunter's cottage. I asked the accused to show me where the money was-; he pulled out a box and said ih<f money was gone. The accused then admitted that he had put the money there but later on took it away and spent it. Sergeant Cowan, Police Sergeant stationed at Auckland, sworn, corroborated Constalle Driscoll's evidence as the statements and accompanying Constable Driscoll to see if the Ll7 12s was in Hunter's house. This concluded the case for the police. _ The accused had nothing to say in his own defence and pleaded guilty to the charge, and was committed to the Supreme Court for sentence, ESCAPING FEOM (CUSTODY. James Woodward was charged that ho did on 20ih July, attempt and did escape from custody. Constable Driscoll, police constable stationed at Helensville, sworn, said : I know the accused. On the 19th I arrested him on a charge of theft. On the 20th I escorted him as far as liendersonby train. He was then wearing an overcoat. We arrived at Henderson about 5.45 pm. It was a cold evening. I handed him over to Constable Cannon there with the necessary warrant. Accused, James Woodward, was in lawful custody charged with theft. Constable Cannon, stationed at Auckland, sworn, said : On the 20th July I went to Henderson to take the accused, James Woodward over from Constable Driscoll, to escort him to Mt. Eden. Gaoi. T took charge of accused at about 0,45 p.m. with the necessary warrant, Accused was then wearing in overcoat. Nothing hap. pened between Henderson ancTMount Eden station. I and the accused Avore going towards the gaol along Boston £oad;whenwe had got about 100 yards, accused turned bac't suddenly. I looked to see what was wronm and saw accused running as fast as he could in the direction of Normandy Road. Novmaudy Road is unlighted and leads into louglr couutiy, there being several quarries there. It would have been an easy matter for accused to escape if he had got into the road. Before the accused alighted from, the tiain lie had removed his overcoat. After I recaptured him he said : "I only done it for a joke, I could have got away if I liked, as I have done some running." I then brought him to the gaol Inside the precincts of the gaol in the presence of the wra-Jor^ I said to the accused that I would report his running away. The accused said : '•' I did it for a lark, I could have got away if I wished," I then handed him over to the Prison authorities. In answer to the Sergeant: He was running very fast, but slowed down after going 50 yards*, In my opinion he did his best.

To the Prisoner : On our arrival at Mt. Eden railway station, did you know the way to the gaol ?

Witness

Yes, I kuew my way.

Prisoner; After we left the station which' road had we to take to the gaol ?

Witness: Leaving the station we go up the tram line in Mt. Eden "Road to Boston Eoad, then from Boston Road we cross the railway line, the entrance being about 50 yards off.

Hooker, warder stationed at Mt. Eden, sworn, said : About 7.30 p.m. accused, James Woodward, was brought to the prison by a constable on the 20th July last, and was handed over to me by Constable Cannon. Accused said he may as well tell me as the constable would only do so, that he had a joke with him up the road, he ran away from him and then turned round and laughed at him. Prisoners are not received after 8 p.m.

Tne prisoner, who had nothing to say in his defence, pleaded guilty and was committed for sentence at the Supreme Court.