MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 24, 28 January 1878, Page 2

MAGISTRATES' COURT.

[Before J. Sharp and J. Sclanders, Esng., J.J.P.] l ' Alfred William Avery was charged with stealing from the person of Charles P. Kearus a pocket book containing one £5 note and two £1 notes, and various documents of the vahie of £3. Mr Pitt appeared for the defence. Charles P. Kearus stated that he came into town on Thursday, the 11th instant, having with him a pocket book containing one £10 note, two £5 notes, and some £1 notes, and some receipts. I remained in town some days, during which I changed the £10 note. I slept some nights at Stullard's. On the following Tuesday I wont to the Thistle lun, and on the way I took out my pocket book, aud noticed that I had one £5 note, and some £l notes. I carried the book in an outside pocket of my coat. I saw prisoner in the evening, and was playing cards with him for some time, and then I made up my mind to sleep there. I got up to go out, and was walking towards M'Gee's when prisoner came after me and fetched me back. We called at the Windsor Castle Inn where I. changed a note aud paid for driijks, and then retured to Roberta'. Prisoner went into my bedroom witli me, and helped me to undress. lie took my coat oil and put it in a chair by the bed. In the morning I missed the pocket book. I told Roberts, and we searched everywhere, and then went to Avery's. I asked him if he had seen a pocket book, aud he said No. Cross-examined by Mr Pitt: The notes were folded anyhow. When I went to the Thistle Inn I shouted. I had had drinks before, but I don't know Ifow many. Idoii't think jioborts was present when my coat was taken oiE. Dy the I'.ench: When I changed the £10 at ytallard's I put the £5 into the inner compartment of »)y pocket book, and I am sure I never moved it afterwards. I cannot recollect, how often I went outside after I arrived at Roberts' I cannot say that the book was in my pocket wheu I went to bed. Mrs .Stallard deposed to having changed a £10 note for Kcarns on Monday, and her daughter to seeing him put the cbango iuto his pocket book. Charles Pearson ftoberts, landlord of the Thistle Inn, stated : lvearns came to my house in the afternoon aud had tea. Prisoner was with him all the evening until shortly after ten, when Kearns went out. After a time prisoner followed him, and the two came back together, having been absent about a quarter of an hour. They went jnto the front sitting room, and my wife made him up a bed on the sofa, as ho was a decrepjd old man, aud said that he djd not want to go upstairs. Prisoner helped him to take iiia coat oil. I took the glasses out of the room, aud on my return prisoner had aseisted him into bed. I again went out to fetch a drink '

for Kearns, came back and put the light out, and prisoner and I left the room together. Next morning Reams called out about nine o clock that he had lost his pocket book In consequence of this I went to Avery's, but couldnot see him, as I was told he was not up. I went again with Kearns, who asked him if he had seen his pocket book, and he said No. During the day Avery had been trying to persuade me to buy a watch that he had for sale very cheap, but that lie was not in a position to purchase it. In the evening I bought it for £7. Avery received 7s 6d commission from the owner, which he paid to me on account of a debt of 8s 3d. There was a further sum of 3s 6d he owed me for a raffle, which he said he could not pay me then. Cross-examined: Kearns, Arery, and I played euchre till nearly 11. I only left the ; room occasionally for drinks. Avery said he was not in a position to buy the watch for £9. Avery shouted twice during the evening. Mrs Moore stated that prisoner and Kearns called at; the Windsor Castle Inn on Tuesday evening and had a drink. Kearus dropped a coin on the floor. Prisoner called his attention to it, and asked if his money was all right. Kearus put his hand to his pocket, and said his book was all safe. Kearns might hare had some drink but was not drunk. Kobert John Thompson, when taking newspapers round on Wednesday evening, found the pocket book produced just outside Mr Egberts' gate. It contained no money. C. P. Kearus identified the pocket book produced as that which he had lost. R. T. Goodwin deposed that on Tuesday night about twelve o'clock prisoner was at M'Gee's throwing dice for drinks and shillings. Avery lost, and pulled out of his pocket a £5 note and one or two £1 notes. Afterwards they went into the side room and were throwing dice, and again I saw prisoner take the same notes out of his pocket. Mr s M'Gee told him in the bar to put back the £5 note and give her smaller change. Henry Webb saw prisoner at M'Gee's shortly after 11 o'clock on Thursday night, when he pulled out three or four notes to pay for drinks, one of them was a fiver. It had a reddish-colored back. Henry Chalmers, a farmer resident at Wangamoa : I was with prisoner at M'Gee's on Thursday night at a little after eleven. I asked him to drink, but he 3aid, No, he would shout for me. Mrs M'Gee then proposed that we should shake for a bottle of No 2, and she took down the box and threw two sixes. Prisoner refused to shake with two dice, and she said it was as fair for one as the other. Prisoner and I then threw, and he lost. He tendered a £5 note, but she asked him to give her a £1 note instead, which he did, and got change for it. George Naylor was a tthe Thistle Inn on Tuesday afternoon when the. conversation took place between Roberts and the prisoner about the watch which Avery said was to be sold a great bargain. Prisoner replied, "Why do you ask me such a question?" and added either that he had not the money, or had not a pound to bless himself with. He was not sure about the words, but they were to the effect that he had not the means. Cross-examined: He might have said that he was not in a position to purchase the watch for £9. Detective James Ede deposed: On Wednesday morning I went to prisoner's house and asked him if he could throw any light upon Kearns' loss. He made no reply. I said Kearns had lost a pocket book contaiumg a£s and two or three £1 notes. On his not answering I asked if he bad not been informed of the loss in the morning. He said he had heard something about a pocket book, but uotbin3 about money. I asked him if he had been at the Windsor Castle with Kearns on the previous night. He said he had not, but afterwards said "Oh, I remember, I did see him iti the street near Mrs Moore's, and went back the Thistle with him." He said he didn't think Kearna had a pocket hook in his possession at the time or he would have seen it. On the following day I again went to him and asked if he remembered where he went ' after leaving the Thistle on the Tuesday night. He said, to M'Gee's. I asked him if he could tell me what money he had when he went to M'Gee's. He replied, two £1 notes and some silver. I asked if he had a £5 note, and he said No. I went the next morning and arrested him. This closed the case for the prosecution. Mrs M'Gee, on being sent for by the Bench, deposed that Avery was at her house on Tuesday night between II and 12. He paid her no money. He offered to pay for drinks which Chalmers had already paid for. She saw something in prisoner's hands, but did not know whether it was paper or notes he was fumbling about.Prisoner, having been warned in the usual manner, stated that he wished to reserve his defence. He was then committed for trial at the next sittings of the Supreme Court. Bail was allowed, the prisoner in £50, and two sureties in £50 each.