PRESIDENT MAGISTRATES COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1317, 16 June 1883, Page 2

PRESIDENT MAGISTRATES COURT.—GISBORNE.

[Before J. Booth, Esq., R.M.] Friday, June 12th. Heuare Hkoi wan brought up on remand, charged with uteanug au overcoat, value £2 55., trout the store ot Jtlr. W. Adair, (iia istone Koad. iklr braosey appeared for the deleuuaut, aud Serge. Bullen conducted uie prosecution. Air. W. Adair remembered the 6th mat., on which day he saw prisoner in uia store, leaning over a pile of coata. allowed accuaeu some hats, aud tie uougni one. During the time he was trying tue bats on ue had noticed a new overcoat prisoner had on. Asked ,nm wuat he paid tor it, aud prisoner replied £L 15s. Saw a ticket on the coat, aud taking it off, found it marked £2 os. liiia aroused his suspicions. Prisoner then enquired as to price of dour, sugar, rice, Ac., and they went j to tbe grocery department. During I

this time had caused enquiries to be made about the coat, and found that no one had sold prisoner the coat. Prisoner paid for the hat at the time he bought it. Gave instructions to watch tbe prisoner. When he left the store he was brought back by Mr. Keefer. The police were then sent for, and on the arrival of Constable Farmer he was given into custody, charged with stealing the coat. Prisoner had the coat on all the while. Recognised the tickets (produced) as those he had taken off the eoftt, Had other coats with similar tickets off. Recognised the coat as his property, and as the one he had seen on the prisoner. His stock was too large to miss one single garment. When prU soner was charged with stealing the eoat he said something about paying for it to-morrow. He said this in the presence of Mr Robert Cooper, and subsequently he pointed out Mr Keefer as the man who had sold him the coat> By Mr. Brassey : He took theticket off the coat because prisoner stated that he had only given 355. for a 455. one. Tbe man was in the store fully 25 minutes or half an hour after the ticket was taken off the coat. Could not say what part of the store the coat was in. Prisoner said he wanted to buy some flour, sugar, and rice, and that he would come on the morrow to pay for them. He (accused) pointed out Mr Keefer as the man who sold him the coat. By the Bench: He could not hold a sustained conversation in Maori, but he knew the names, prices, &c., of articles in his store in the Maori language. Mr Keefer stated that he was in the employ of Mr Adair in the clothing department, and remembered the prisoner coming to the store on the 6th inst. The coat produced was on the right hand side or the shop, hanging on a brass screw. The price of it was 455. The price marked on the ticket produced was 455. When he first saw the prisoner he was leaning on a pile of coats. He next saw the prisoner in the grocery department, with the coat on. When he saw accused leaning over the pile of coats, he (accused) had not got the coat on. On going into the grocery store Mr Adair asked him (witness) if he had sold prisoner the coat. [I he Bench here asked prisoner whether he understood English, and was answered in the negative.] He then made enquiries as to whether any one else had sold the coat to prisoner. Found that no one had done so. The coat produced was hung up by himself on the morning of the 6th. Remembered Constable Farmer bringing the prisoner into the store on the morning of the 7th, and asking him (prisoner) to point out the person who had sold him the coat. The constable asked the question in English) and the Maori pointed to him (witness). By Mr Brassey—The coat was hanging close by the door. Did not see the prisoner put on the coat. The prisoner was hanging about the store for some time ( and appeared quite a novice at the game, and looked quite stupid. Did not know whether prisoner had been drinking or not. Did not see him put the coat on. Mr Robert Cooper, examined by Sergeant Bullen, said he recognised the prisoner as the man he saw In Mr Adair’s office on the 6th inst. He was brought into the office and charged with stealing a coat, and the charge was interpreted to him. Prisoner said he had bought the coat, and was to pay for it on the morrow along with the other goods he had bought. Mt Adair sent for the police, and on my explaining this to prisoner, he offered to pay for it then and there the full price of 455. Mr Adair refused the money, and gave him in charge. By Mr Brassey—He was given into custody in my presence. Saw him brought into the office. Knew nothing of what passed previously. Mr Keefor (recalled by Sergeant Sullen, said he did not sell any coat to prisoner on the 6th or any other time. Constable Farmer deposed to having been called to Mr Adair’s office on the 6th, when the prisoner tvas given into custody <>n a charge of stealing the coat he was wearing. On searching him a cheque for £2 10s and some silver was found in his pocket. On the 7th the prisoner was taken to Mr Adair’s store for the purpose of identifying the person who had sold him the coat, and he pointed out Mr Keefer as the man from whom he had obtained it. This is the coat (coat produced.) By Mr Brassey—Could not speak Maori.

Sergeant Bullen here informed the Court that that was all the evidence he had for the prosecution. Mr Brassey addressed the Court for the defence, stating that he should call evidence to prove io the satisfaction of >he Court that the prisoner hml no intention whatever of stealing the coat. He had come down from the Coast with £25 for the purpose of purchasing flour, sugar, rice, biscuits, &,c., for a feast, and had purchased the coat and other goods intending to pay for all of them on the morrow, as he had, as a precautionary measure left his money with his friend, i'uta Nihoniho. The accused was the last man to commit the crime with which he was charged. He (Mr Brassei) trusted that t»>e evidence he should adduce would satisfy the Court that there was no felonious intent, and as the law said there must be felonious intent, he trusted that the Court would see fit to discharge the accused. Should the Court have any doubt, he trusted prisoner would get the benefit, but should it see fit te arrive at an adverse

decision, then he would ask it to deal I with the case under the Act which mulcted the prisoner in four times the ▼slue of the garment. The prisoner was here placed in the witness-box, and stated that he remembered going to Mr Adair’s store on the 6th inst. Saw a coat hanging up, and asked Mr Keefer the Erice. On Mr Keefer walking away e took it down and put it on. He had told the white man he would give 36s for it on the morrow. Finding that no one attended to him, he called Mr Adair and told him he would give him 35s for the coat. Mr Adair then looked at the ticket and said it was 455. They then walked to the other part of the store where he bought a hat for 8s 6d, and then went to the grocery department, and bought flour, biscuits, sugar and beer. He then told Mr Adair that he would pay for them the following day. Mr Adair agreed. When he left he was brought back and charged with stealing the coat, whereupon he offered to nay for it on the spot, but Mr Adair refused and gave him in charge. Prisoner here explained the exact spot in the shop where he first saw Mr Adair and * had offered him 35s for the coat. Tuta Nihoniho had known the prisoner from childhood, had never known the accused to drink. Prisoner had come down to buy for a feast, and had given him £2B to mind until he had completed his purchases. Prisoner told him that he wanted to buy a coat like he had on, and he told him he could get one at Adair’s store for about 255. Had never known anything dishonest about the prisoner, and was surprised to hear the charge. His Worship thought the charge had not been substantiated, No doubt the prisoner's intention had been to pay for the coat ou the morrow The accused and Mr Adair had evidently misunder- , stood each other He did not think the prisoner intended to steal the coat. After sneaking a few word in Maori to the prisoner, he was discharged.