DISTRICT COURT.

Oamaru Mail, Volume I, Issue 184, 22 November 1876, Page 2

DISTRICT COURT.

THIS DAY. [Before his Honor Judge Ward, and a a Jury of Twelve.] CRIMINAL SITTINGS. EEGESTA V. DAVID EVANS. David Evans was charged with stealing, on tne 26th of September, 1876, a purse, of the value of £5, the property of Alexander Carr. The prisoner pleaded " Not Guilty." Mr. White prosecuted, on behalf of the Crown : prisoner being defended by* Mr. Denniston. The following were sworn as the jury : Francis Robertson (foreman), John Campbell, Anthony Patterson, John Johnston, Thomas Jardine, Robert Smart, Henry Stock, William Gillspie, Frederick Collis, John Frew, Donald Douglas, and Thomas Roseby. The Crown Prosecutor, in opening the case, stated that prisoner and prosecutor were fellow workmen, in the employ of Messrs. Reid and Gray, of this town, and on tiie 26th September, the prosecutor had put his coat on a dray while lie went in to the workshop. When he returned to the dray the coat was missing, but was ultimately found behind some timber. On examining the garment a purse, containing a £5-note and a key, had been abstracted. From what prosecutor had been told, he accused Evans of the purse, but prisoner distinctly denied having touched the coat, or taken the purse, until threatened to be given in charge, when he handed it to prosecutor. Mr. White then called— Alex. Carr, who dejJosed : I am a wheelwright, in the employ of Reid and Gray. I know the prisoner. On the 26th September we were both in the same employ. In the afternoon my attention was called to a truck that required repairing, and I got some men to assist me to push the truck near the shop. I then pulled off my coat, doubled it up, and laid it on the truck. I directed the men to make the repairs, and helped them to get it in pieces. The men were : Frederick Denton, John Carr, and David Evans. I then went into the shop and remained there a short time. After I went out T asked " which of them had shifted my coat off the truck ?" They all denied having shifted it. Prisoner was amongst tliem. I then looked about and found it stowed away in the timber rack, amongst the boards. It was partly concealed and partly exposed. I pulled it oat and put my hand inside the coatpoeket and found the purse was gone. When I left my coat iipon the truck there were in the pocket a purse and a case for a pair of spectacles. In the purse was a £5-note, and a small key belonging to a carpet-bag. I said, in the presence of the prisoner, " Surely, the man who shifted the coat had taken the purse."" Those present, prisoner amongst the rest, assisted me to search for it. We searched for about half an hour. The purse produced is the one I missed. I never recoverd the key. After the search was over, I took the coat inside the door, and in consequence of what I heard, I went right back again to prisoner, who wa3 outside the shop. I said to him, "Davie, Hartley has seen you shift the coat off the truck, and put it in the timber rackbut he said he never saw the coat, nor never touched, it. I then returned to the shop, and shortly afterwards the job was finished, and tiiey all came into the shop. I then accused Evans of the theft, and said he had better turn his pockets out. Prisoner denied touching the coat. I turned round round to Hartley and said, "John, did you sen Davie touching the coa,t 1" and he said, " I saw him taking it off the truck and put it in the timber rack." Prisoner then acknowledged it, and pulled it out of his pocket and gave it to me. On opening it I found the £o note had been shifted out of the side pocket into a centre one. I told him that he must have taken it with the intention of sticking to it, and I would give him in charge. The policeman was brought, and prisoner came to where I was standing and whispered that if I would not give him in charge he would give me £5. There were present at the time John Hartley, Frederick Denton, and John Carr. They were a couple of feet distant from us. Denton was standing at the side of liis bench, about a yard and a half away. Cross-examined by Mr. Denniston : The greater part of the affair took place in a yard. It is not enclosed all round. Its length is about two sections deep. While the purse was missing prisoner never left the yard. As nearly as I can recollect the work to the truck occupied about an hour. I think I must have been absent about half an hour before I missed tiie coat. I i believe I said in the Police Court that I was only half a second when I missed it. Still I would now feel inclined to

stick to the half-hour, and wifchdr»t the * half-second. I was "-veiy much confused, and could- not say whether" 'j| was half a second or half an hour. Evan? did not point out where the coat was, asj anybody who says so would not be cor. rect. Notwithstanding my son has swom to the fact of Evan3 telling me where the coat was, it is not correct, and I distinctly contradict my son's statement to thai effect. Although I told the Crown Prose, cutor that my search for the coat occupied half an hour, I am now certain that ii would be under that time. The Beard for the purse, in which the prisoner aj. sisted, occupied almost an hour ; and ®j son is wrong in saying that it only lasted for about quarter-of-an-hour. On a forme occasion I stated that tfhen I wanted to lay the charge, Inspector M'Gluskey dij. couraged me from proceeding with tht case, and said it must have been a practi. cal joke. The offer to give me the £5 w& just* before prisoner went away with thi policeman. I believe that was the onlj offer he made. lam far more correct noi on the 22nd of November than I was oi the 27th of September. I. did swear thi it was four or five minutes after he hai returned the purse, and before I hj given information to the police, that h made the offer of £5 to liUsh the matte up ; but I ivas wrong in my facts when! swore that. I have not filtered my presen evidence in consequence of what I hj read, as sworn to by other witnesses, am not sure whether I ever, mentioned t any living being that Evans had offere the bribe before I came into* Court. Pii soner had been working at Messrs. Bei and Gray's for twelve months. I coal not say whether I was on the burst wht Evans was taken on. I occasionally got the burst. - -

Re-examined : I have charge of one 4 partment of Messrs. Reid and Graj establishment, and have been with tha for twelve years. We were riot in tl habit of playing practical jokes upon eat other —that is, prisoner and myself. John Carr deposed: I am a whee wright, in the employ of Reid and Graj and a son of the last witness. I.remei ber the afternoon of the 26th Septembi last. I remember being set to work ai truck along with Evans and a boy nam Denton. I saw my father's coat upon tl truck. After taking off the coat, n father went into the shop, and remaini about quarter of an hour away. When I came out, he said, " Boys, where's n coator something to that effect. Pi soner said, " Thei'e's your coat," p.ointii round the corner. My father went ai got the coat, and after putting his hand the pocket, said, "Boys, my puree gone, with a £5 note in it." My fatl asked who shifted the coat. We i denied doing so, and prisoner said,-"Tl coat was round there, but he had,n touched it." A search for the purse th< took place, which lasted from a quarter half an hour, in which the prisoner joine The purse was not found. Prisoner a: I went into the shop, and I said, " I doi feel at all right about this ; there are on three of us for it, and I am willing to tti out my pockets." My father then a» asked Evans if he had put his coat, but he said he had nevfTtoua it. Father then asked Hartley, s

Hartley said he had seen prisoner remfl it. Evans again denied it, and fata dropped his tools and said, "Davie, accuse you of stealing the purse, and j have you searohed on the spot.'-' Pj soner then stepped back, and putting! hand.into his pocket, produced the puij and handed it to father. Father a|

" What did you do it for ?" when ha plied, " To learn you to take better e of your money." Father then told! he would give hiiu in charge. Evans plied, " You can go and do what youlit fetch a policeman." Father I the shop to bring the police, but soon turned by himself, followed by a poli man. The policeman left in about I minutes, accompanied by prisoner. Bi prisoner left he .was speaking to faft but I could not hear what he said, the words I could catch were by : father, when he said, " On, no, go alo with liim," pointing to the policeman. Cross-examined by Mr. Dennisto The shop has an open front, and any p son working in the shop could see I coat being shifted. The moment : father came out he asked for his coat, a immediately Evans told him where it" There was no search required for the c< as the moment it was asked for Ev pointed out where it was. If my said otherwise it would be a mistake.

3earch for the purse could not have o pied more than quarter of an houi twenty minutes. Prisoner . appeared anxious to have the purse found as one else. There are plenty of pj where the purse might have been hid in the yard, and there was ample of tunity of his disposing of it before its became known. Wlxeh I asked fs

what prisoner had been whispering to he said he was pleading to him not to| him up to the police. 1 now say iba' also told me prisoner offered liun ° note, though I never mentioned thi my examination in the Police Court. Re-examined: I don't live with father ; and we have not been laying heads together to invent the £5 an* 1 ment since t-ie case was sent for trialJohn Hartley, deposed : I am 4B prentice in Messrs. Reid and Gray'sthe 26th September last, I returned» dinner at a quarter to one. Mr. Caff turned shortly afterwards, and repair a truck along with Davie & his son, and myself. Alexander took off his jacket and placed it truck. When he went into the sM left his coat behind, mained there Evans was.\r-afklng at/the truck. I• Evans fiftths coat oiMe truck and .k it up on the wood-rats* about three p JJ-

from tiiti truck. iftarwardft saw Mr. Cfttr »»:a,n.\»i>i£ i,J coat, ami ask who lifted is Iron* thJfc'f PifM»w?r said: " f <!.. nnt '.nowT^ l * o, jacket, i,.v fid toat fib purse, with some Hi- T: H y iw A search was* then Tiuule for tfi« frtg purse. in which Evanajoinr.it u.fl a» 6 he r « st - [fc p,m ' tinned fcr an hoar, f s r.v r>ri•oner afterwarf v * tfl «* parse ' "*• I toM Carr Ift' e e n Evans remove the coot. I «aw tfaliccmut come, and saw Carr and pri.<F whispering together, but could notj ir wtiat was said. I was about three d'w yard* distant. deposed : I am ft pi lice stationed; at Oamaru. I arrested ppter on the 26th Septemb* r, on the charjf stealing a put raw, with £""». When arrisal prisoner said he had taken t © money j lark, but he said he supp ied he hsiarried the Joke too far. I arrested l ! ifi»t four o'clock in the afternoon, in jjtßeid's blacksmiths' shop. Mr. i)uß)ton did not address the jury, but called, l '- Raid, brother to one of the firm, andanager of the establishment, to apeak, to his character. Witness Hpoka of the prisoner, whom he had known nine years. David: ood, blacksmith. was also produced, »gave similar evidence as tr> the charaetejf prisoner, wtoro he had always known honest, hard-working, industrious n>, maintaining a targe family by his tab* Johifomes M'Doriald, of the Bank of New isanl, testifie 1 tlat on the 25th Septe»r, prisoner had a very respectable Jance to his credit. He always ioofcefipon the prisoner as a highly reman.. MiP<! nniston then addresae.l the jury for t/ defence, and pointed out that the pns«er was charged with larceny in stetfig the purse ; bat to bear out that cha/a it should be proved that it had butf taken with Lloi.txts intent. He cotpnded that it was nothing rnort* nor hJthaa a very stupid, senseless, practical jol carried too far, and the evidence ixiff bovo out that view of the ease. It wi contrary to all reason that a man hiding a ruspeefable poa't'on, always rfning his living hmestly, arid enjoying lo confidenje of his employers and all nose wit'i whom he had been brought Ato covtact. and having a respec'able"Him ftt l.itomnia id to place l.i n beyond such (temptation, sl.oald ris'c his Lbetty and /character for a ptvltry £5. Had the prtrse /been tak n with a guilty intent there j I wove plenty cliancws oc secreting it ; but I / instead of which it was carried in his j pocket, welt knowing that a search would bo made for it at soma time. Counsel also criticised very k senty the conflicting evidincj given by the various) witnesses for the prosecution, and pointed out the glaring discrepancies in the evidence given at the exaMituati.m at the Police C'ottrt and thai 1 ; elicited to day. Mr. White, in addressing the jury, drew attention to the fact that instead of the prisoner sayin * that he had removed the coat, he distinctly denied all through having douched it, and that it was nut; until the threat of being searched was matte », that ho gave it up, and said it had been f € | T wis Honor then proceeded to sun* up ; the eTidun e, and »i»id counsel very properly had told the jury that, to constitute tile otfcncß with which thu prisoner had boon cta-ged, a guilty intent ntwat tirst be sheeted home to> ntm. Whether that had been satisfactovily done, it would be the province of the juiy to determine, and of which t icy wera th» sola jndgts. With rugiu'd to the evidence of the man John i'urr, it was: somewhat strange that he shoitld have omitteil to mention the offer of the £S having vuaile to his father. The po< nt tf.'C tiie Jury to- considux was, if the facts of the case would k;car oitt the guilty intent ; but the motives which shout t etatarmirie their conclusions should be thus# which would twove and influence men in the ordinary course of business transactions of tife. Tii• jury having retired, after ftve ff.ian .es' consideration, returned tv verdict of •'ijfot guilty." The Judge said: Prisoner, the jury have taken a lenient view of your case. I trust it is a right one ; but for the future, 1 hope >t will be a le json to you, not to indulge i i such " larks."