S.M. COURT..

Motueka Star, Volume III, Issue 141, 19 December 1902, Page 4

S.M. COURT..

The following is the balance of the evidence . taken in the case against Bertie Stewart, charged with the theft < f money,, the property of Mr T. G. B rough air : George Hall, engineer, residing at East Takaka deposed : I ain at present driving an engine on the tramline between East Takaka and; the Wharf. Know accused and saw him on the sth of this month at jhe Waitapu wharf about 9.30 a.m. He asked me if I would give him a ride on the tram and I did so, and he accompanied me as far as East Takaka. We stopped at the township and went into the Telegraph Hotel. Accused produced a paper there and said "This is the sort of thing I get sent to me.” It contained on it “Grant Croker-Stewart saloon passage to Wellington.” Coming out he exclaimed about the heat and said if he had any money he would-buy a bottle of beer and take it up the line. He went on with me to East Takaka where he left me, saying he was going to the Post Office to take a life. During the trip I saw no sign of money on I the accused. j By the accused : We went in to Haase’s where we had several drinks, but could not say if accused shouted. F. R. M. Goddard, sworn said: I know accused; first saw hiuron the sth at 10.30 p.m., when he came into the bar of the Post Office Hotel, in company with a man named Rowe, agent for Singer's machines. I served them both with a glass of beer, which Rowe paid for. Saw no more of him that night, but saw him next morning. M s <pJ. him continually during the time he was staying at the hotel, generally in the bar parlor. Never saw him in the passage leading to the slide. Could not say I saw him drinking. On the evening of the Bth about tea time I was in the kitchen having my meal. Saw the accused leaving the dining room between six and half past, to my knowledge he was the first to leave.

First heard of Mr Brougham’s loss about 8 o’clock. Accused >vus suspected. Went out to see where accused was and to see if 1 could find him. Proceeded towards the cricket ground, shortly after eight and met him coming down the road, in company with Rowe. Went up to them and asked Rowe if he had finished training. Strolled back and they put the horse in the stable.

Accused was afterwards in the billiard room, and ho went to bed about ten o’clock. Saw hun next morning and kept an eye on him through the day but nothing occurred. After tea 1 again watched him in front ot the hotel, was in the kitchen garden about 9 o’clock, standing at the gate, and saw accused come from behind the back end of the stable, cross the cow yard, to the furthest opening, Accused was walking fast, went out through the opening towards the cricket ground. I lost sight of him then and afterwards went to the ground in com-

pany with F. James. In consequence of what he heard they both searched along the hedge, using batons for the purpose. I doing so I struck a box which I found to be the cash box produced, which was broken and showed signs of having been burst open with a blunt instrument. James found a screw wrench similar to the one produced and some small coins alongside the spanner. Found the cash box about a chain and a half from the Pavillion. The pavillion would prevent anyone from the road being seen where the box was found. Gave the box to Mr Jenkins, Frederick James deposed : I have seen accused several times. Heard of Mr Brougham’s loss on Monday night and that accused was suspected. Watched the movements of accused and also on the night of the 9th when I saw him go round to the back of the stable, where he could get into the cow yard, when I lost sight of him. Next saw him on the oricket ground: could not say what time, possibly about half past nine. I saw him coming from near the pavillion towards the gate in a round about way, Went up the main road and afterwards returned to the cricket ground in company with Goddard, where we sat down on the grass and watched. We saw Jenkins come in and then we got two sticks and worked along the hedge, with the result that we found the cash box similar to the one produced, also picked up the screw wrench produced. Saw Goddard pull out the box which was open. Papers were lying on the box and I picked up some silver.

By accused : Saw you at the back of the shed and saw you again on the main road. G. W. Jenkins, sworn, said : I am living at the Post Office Hotel where I have seen th e accused. First heard-of tire loss about half past eight o’clock in Mr Manoy’s shop. On 1 uesday night I knocked, off and having heard accused had been on the ground I went up taking the dog with me. Walked along the hedge and while searching Goddard and James got up from under the trees. They asked il it was me, and I said yes. Suggested they shonld search, the

quickthorne fence with sticks:. I went out on to the road and when there they whislled for me and I went back, when opposite the pavillion they said they had got the cash box and were searching in the grass for loose silver. They gave me the cash box to take down, along with the spanner. I gave them jto Mr Brougham. He asked me if I got the spanner with the box and I said yes. Brougham then replied “Thatsettles it, fori saw the spanner in his room.” About 12 o’clock that night Brougham and I went to the ground and found the tray, produced, open. H. G, Boyce deposed : I have seen accused at the Post Office Hotel. On the night of the 9th instant an,d outside the cricket ground. About half past nine I saw a man come from the other side of the pavillion. As he came through the gate I recognised him as the accused. After he came through the gate he went towards the Post Office. He then went towards the Motueka Hotel and I saw him there where he called for a drink which Jhe paid for. He then went past the post office’for about three, chains and then came back and went into the Post. Office Hotel. He came out and went to the Motueka hotel a second time where he called for a drink and paid for it. He asked Holyoake if he would be in time to catch the Manaroa and was told he would be. He again went back to the Post Office Hotel, after going as far as the Court House, and had a drink asking Brougham what he owed for board. By Sergeant Dougan ; Did not notice if he tendered the money in an off hand manner.

By the Accused . You were not alone when you walked from the Post Office to the Motueka Hotel ; Macfarlane was with you. You went in alone and had one drink. Did not see you buy a packet of cigarettes. Did not see McFarlane go into the Post Office hotel with you I swear that you went in alone.

H. C. Fitzsimmons, constable in charge at Motueka, sworn, said : Remember the evening of the Bth instant when Mr Brougham ffiade a complaint that his cash box had been stolen from his bar. (Report sent to the Department read.) Arrested accused on the night of the 9th and afterwards’ searched him at the Court House,. The money produced is what I found on the accused. Brougham handed me the cash box the same evening and iiext morning the till. This concluded the evidence for the prosecution. The accused, after being cautioned, elected to call rebutting evidence and also to make a statement.

Henry William Rowe, agent Singer Co , sworn, said : —I reside at Motueka. I met the accused about three o’clock at Harwood’s on the sth December, We had tea together, and accused paid for his o.vn meal. Afterwards drove over the hill together and stopped at Byrne’s Hotel, Riwaka, where they had two rounds of drinks accused paying for one. On the night of the robbery I was sitting alongside of the accused at tea. Accused left the table first. I followed him out within .a minute afterwards and accused f wias standing outside the front passage door. I saw 7 him next on the cricket ground about three quarters of an hour afterwards, when, ha was lying down reading a paper. About half a dozen persons were playing cricket. Remember the following night, Tuesday, when I w 7 as in the cricket field with accused from about 20 past seven and 8.15. Accused paced me for a lOf* yards run. Came out of the field together and afterwards went to the hotel, when we parted. Cross-examined by Sergeant Dougan: Met accused at Harwood’s, and I offered to drive him over to Motueka. He said he had a passage granted to Wellington per Mapourika. Did not see him after I left him at the door until we met at the cricket ground. Lionel Boyes sworn said : Recollect seeing accused in the cricket field on Monday evening, between half past six and seven, to the best of my recollection. I was playinying cricket with others. Thought they had been play-

ing about a quarter of an hour before accused arrived." Others bad been there before but had left. Noticed accused after he came on to the ground. Did not see accused go near the pavillion then, but saw him go later on. Accused was then in company with Mr Rowe.

Cross-examined by Sergeant Dougan: Did not notice accused come into the ground, he might have from the direction of the pavillion. Did not pay any particular attention to the accused. Bertie Francis Croker-Stewart, sworn", said :—I left Takaka to the best of my recollection about 9 o’clock on Friday morning, the sth instant. I had in my possession at that time a sum of money, as near as possible amounting to ,£l2. It consisted of about 40s more or less in small silver and the balance in notes, consisting of a .£5 note and five notes of LI each: I jumped on the train at Gaukrodger’s and went as far as the township of Takaka. I went to Everett Bros and got a collar, then walked towards Riley’s hotel. I met a man there named James Madigan ; told him I was leaving Takaka and asked him to have a drink. We went into Riley’s and had some drinks. I purchased some cigarettes from Riley and came out. In the middle of the road I met Constable Mackay and told him I was going to Wellington and also wished him good bye. Walked up to Haase’s hotel, went in there in cbm pan y ..with the engine driver and another young man. His name I do not know, but li9 works at Kirk’s. I then jumped on the tram and came as far as East Takaka. From there, 1 walked to Harwood’s. It was raining heavily when I arrived there. 1 asked Mrs Harwood whether she could accommodate me for the night. She said she could. Half an hour after my arrival .Mr Rowe appeared and offered me a lift over the hill which I accepted. I arrived in Motueka between 9 and 10 on Friday night and engaged a room at the Post office hotel. Aftertea on Monday evening I'went out and stood in front of the door. I was joined there almost immediately by Rowe. I asked, him. whether he was doing any running that evening and he said he was and would be up in the field later on. I walked up to the cricket ground, laid on the grass and watched them pla v cricket: I returned with Rowe and tvo or three young fellows to the hotel about thi-ee quarters of an hourlater. The following evening (T uesday) about half past seven, as near as possible, I was in the cricket field accompanied by Rowe. He asked me to rub him down before he started running. I took a bundle of papers from my pocket and placed them on the seat in the dressing room in the pavillion. I stopped in the field about an hour. About a quarter past nine I was standing qutside the Post Office Hotel; I put my hand in my inside pocket and missed the papers and remembered I had left them in the pavillion at the cricket field. I returned to the ground and recovered 1 my papers. I then walked back towards the hotel and I met there young Macfarlane. We walked up and down the road past Holvoake’s; I asked him to have a drink and he refused. I went in myself had a drink and bought a packet of cigarettes. Went outside, met him and walked as far as Brougham’s, I asked him to have a drink and he did. Stopped in the hotel and went in the billiard room ; shouted for two or three who were there. I asked the landlord how much I owed him ; he told me 17s 6d which I paid with a ,£1 note. I then sat down to play cards and in a few minutes after was arrested by Constable Fitzsimmons. I forgot to state that when I found I had missed my papers I went to the rear of the

hotel premises. I deny that I was discharged from the Government Insurance Department as stated by the Sergeant.' As to arriving in Nelson without money. When I arrived there from Wellington Mr Barnes, district me whether I had received tpecustomary advance from headquarters before leaving Wellington. I told him they had not given me a penny. He then told me to wire ■ for LlO, which I did, receiving the sum of L 5 three days later. That is all I have to say. Cross-examined by Sergeant Dougan : I have no occupation at present. Left Takaka with LI 2 more or less 'which represented my savings. Received the last money from the Department about the end of October,. Have had no pay since because my agreement ceased then and did not ex pect any. The agreement has not been renewed or cancelled. Have not been taking any lives since. Burnes took the receipt book, The ticket I exhibi - ted was only a joke. The accused was cross-examined at length as to his. movements at Takaka and at ColTingwood.

Rowe recalled, said he did not notice accused take papers out of his pocket and put them down in the pavillion. He could have taken them out without my knowledge. Did not notice any papers there, as I generally look round’ to see if I have left anything. Accused re-examined b} 7 Sergeant Dougan said : I was not absolutely penniless when I arrived at Nelson.. Was two days in Collingwood and then left for Takaka. Prussing only held the bicycle 1 had for two day’s board. This concluded the evidence and after a ishoi-t deliberation the Magistrate said it was not for him to consider whether- the accused was guilty or not. He was of opinion a prima facie case had been made out, the evidence being; sufficient to warrant him in committing the accused to take his trial at the next sitting of the Supr-eme Court at Nelson in March next ; meanwhile he would be sent to the Terrace gaol at Wellington. Bail was not asked for and the accused was removed to the local dungeon.