MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 186, 5 September 1878, Page 2

MAGISTRATES' COURT.

[Before 11. E. Cairns aud J. Sclanders, Esqs., J. J.P ] William Head and Harry Mitchell Burnard were charged with stealing 22 one pound notes from Benjamin Fairhall. The Inspector of Police prosecuted, and Mr Pitt appeared for the accused. Benjamin Fairhall said he cashed two cheques at the Union Bank for £50, receiving .£49 in notes and £1 in silver. He rolled them up in one roll and put them in his left trousers pocket. He went to the Custom House Hotel about 3.30 p.m., and remained until 6 o'clock, lie was drinking with prisoners in the little stall near the bar, and talking about shingle splitting. After a while he half pulled off his coat to light a man when Bernard caught hold of him and told him not to fight. He paid for the drinks they had in silver. He left shortly after and went up to Tregea's, who refused to give him drink, then to Leech's, where he had some gin which he paid for with a shilling, then to the Young Men's Christian Association rooms where he arranged with Mr Piper to have a bed. After arrival there he and Piper counted his money when he found he had only £27 in the bundle of notes. The money was either taken or lost, he could not say which, but thought it must £ a J e u n takeQ from tha wa y in which it had been rolled up. Next morning be went

to the Port and asked Burnard if he had J seen any money as he had lost £22. Burnard replied, " You were too d -d cunning to let any one know you had any/ Cross-examined t Had had a good deal of liquor, but remembered all that he had said. Would not swear that Burnard was at the hotel when he first weut there, but Read was. Did not tell Gilbertson on the 23rd that he had found himself in some obscure corner on the 22nd. Did not recollect how mauy were present besides the prisoners, nor all that had taken place, as he was drunk. Charles Hodgson, acting teller at the Union Bank, deposed to having cashed the cheques for Fairhall iv Union Bank notes. Benjamin Osborne, landlord of the Custom Plouse Hotel, stated that tie remembered Fairhall being there, together with the two prisoners, Pilkington, Hesketh, and another man. Fairhall shouted for the prisoners. He was pretty well in drink, Read had had a glass or two, Burnard was sober, and Pilkiugton a little on. There was some sqiiabbliag about shingle-splitting. He heard liecd say that Fairhall had n roll of notes as big as his two fists. He turned the gas out to get rid of them, and after they had gone turned it on ugaiu. He left the boy Gibson iv charge of the bar. He did not see any coat taken off. Next morning Fairhall went down and said he had lost i! 22. Charles Gibson, stepson of the last witness, gave similar evidence as to the men who were in the bar and what they were doing. Messrs Leech and Piper deposed to Fairhall's coming to their houses, and the latter 3tatcd that h£ counted the notes aud found 27 of them. Joseph Gilbertson slated that prisoners had been in his employ for some" months, Burnard at £3 a week, and Read at 8s a day. He paid his men generally iv Bank of New South Wales notesi Detective Ede stated that on the 24th August he weut to Read's house and spoke of (he robbery, and said he had reason to suspect him oil knowing something about it, which he said he did not. After a little conversation, and some hesitation on his part* he said he heard it spoken of on the wharf. I asked him if he had made no remarks in the hotel with reference to a roll of notes. He said no, and then became very uneasy, and refused to give any further information. I then went to Barnard's, told him I tiad heard he had been present with Fairball, aud asked if he could give any information. He replied; No. I then asked him if he had seen any notes on Fairhall, and he said he liad not, and did not believe he had lost any, as if any one had robbed him he would have taken all aud not a part. On the 31st I weut with Constable Beattie to his house and found Buruard in bed I told him I had a search warrant aud was going to search the house. He said he had notuiug to do with the robbery. I asked him what money he hud and he said £9 or £10, which was in his cash box. I asked him to let me see. aud he called his wife to come up, as the detective wanted to see what money they had. We went into the next room, where he opened a desk and gave me ten.£l notes. I asked if that was all the money he had in the house and he replied, Yes. I said I should have to search further, and proceeded to do so. We went back to his room, where was a clothes chest, which I searched. At the bottom there were a quantity of papers, and among them, crumpled up, were the seven £1 notes I now produce. Part are Union Bank and part New South Wales. 1 asked how he accounted for their being there, and he said he did Hot know. I called his wife, and she said she knew nothing about them. I left him in charge of Constable Beattie, aud went to Read's house and charged him with being connected with the robbery, and arresteJ him. I searched him, but found nothing; Constable Bcattiu corroborated the det ctive's evidence as to the searching of BurHard's house. This closed tnc case for me prosecution, and Mr Pitt was addressing the Bench for the accused, and arguiug that there was no evidence against them, when our reporter left the Court.