RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 906, 5 January 1881, Page 5

RESIDENT MAGISTRATE’S COURT, GISBORNE.

[Before M. Price, Esq., R.M., Parau, and A. Reeves, J.P.’s.] Friday, Jan. 4, 1881. STEALING FROM THE PERSON. Heneri Pei was charged on the information of the police with stealing a cheque for £l4 10s., the property of Angus Boyd. Mr. Rees appeared for the accused. Angus Boyd, residing at Uawa, stated that on the 21st December last he received two cheques from his employer, Mr. Noble, one for £l4 10s., and one for £5. He remembered being at Mullhooly’s hotel on the evening of the 21st of December. He identified the cheque produced as the one he lost. Witness could not swear that he saw the accused inside the house. He did not part with the cheque to anybody on the evening of the 22nd. It was in his trowsers pocket. Witness slept in

a room off the bar. He was not under the influence of liquor. There were a good many natives in the same room. A native named Taratu Te Currie saw the cheque produced in the possession of Boyd. Boyd put it in his trowsers pocket. Witness only saw one other person in the room where Boyd slept. He did not see the accused in the house after Boyd put the cheque in his pocket; he may have been in another room. Before the house was closed the accused was there drunk.

By Mr. Rees: Witness heard the next morning that Boyd had lost a cheque. The same day the accused wrote thus on some paper: “ I have found some money; a cheque for £ll 10s.” The notice was to put up on the wall, but it was not done, because the policeman interfered. Accused followed the policeman, and gave him the cheque. By the Bench : The accused did not tell witness that he had found the cheque. Boyd was drunk on the night of the 22nd. He could not stand. He was able to climb on the table, where he slept. Homiona Tekani deposed that he saw the accused on the morning of the 23nd with the cheque produced in his hand. It was after breakfast. Accused showed witness the cheque, and asked him to tell him who drew it. Witness did so. Accused said he had found it under the stool in the house, and said he was going to give it back when Boyd awoke. By Mr. Rees : The accused showed witness the cheque voluntarily. By the Bench : At this time Boyd was asleep on a stool in one of Mullhooly’s rooms

James Clarke of Waitotara stated that he recognised the accused as a native who came to his place about 11 o’clock on the 23rd. He had a drink, and also bought a shirt, for which he tendered the cheque produced in payment. Witness asked where he came from, and he said from Pakarae. Accussd said he came by the money, as he had been working for Mr. Noble. Witness said he did not change the cheque, because he had not enough money. He thought it very suspicious. Accused offered a shilling in the pound if witness would cash the cheque. Witness would not do it, and accused paid for his drink, took up the cheque, and went away.

Constable Stagpoole said when he got the cheque from the accused he (the accused) was about writing a notice in Maori stating that he had got a cheque for £l4 10s. Witness said you had better give me the cheque, it belongs to Boyd. He saw the accused on the night of the 22nd. He was drunk. By Mr. Rees : Accused did not deny having the cheque. This concluded the case for the prosecution, and the prisoner, who reserved his defence, was committed for trial at the next sittings of the District Court in Gisborne. Bail was allowed, prisoner in £lOO, and two sureties of £5O each.