CONFLICTING EVIDENCE.

Putaruru Press, Volume VI, Issue 224, 16 February 1928, Page 4

CONFLICTING EVIDENCE.

IN THEFT CHARGE. Bench Dismisses Case. Walter Leonard Cooper, of Arapuni, appeared on remand before Messrs. J. W. Barr Brown and T. F. Snell, J.’s P., in the Putaruru Court last Tuesday to answer a charge of stealing the sum of £l3 7s 6d from Leonard Baker on the sth of February last at Arapuni. Defendant, for whom Mr. J. S. Reid appeared, pleaded not guilty. Constable Cotter had charge of the police case. In evidence Leonard Baker stated that he was in partnership with Cooper in a shop. On the night in question he had a few drinks and went to bed. Cooper undressed him and put him to bed. He felt Cooper put his hand in his pocket and take a match box in which he kept his money. Cooper knew how he carried his money. One night he heard Mrs. Cooper ask for money, and Cooper told her he had only half a crown till pay day. He balanced up with accused almost every night in connection with the business. On the Sunday night there was £24 0s 4d. It would be a good day if they took £l.

Cross - examined, witness stated that Cooper had shown him a receipt for £2O paid to a man named Clark. Cooper told him the business was not paying and that there were debts of £37 10s, and that he was going to sell the cookhouse gear. Witness objected as it belonged to him. Though he had a few drinks he was aware of what was happening. He saw Cooper take the match box out of his pocket, but at the time he thought nothing, as he had a box of matches also. He had lost money once before on Cambridge racecourse, and Cooper was there then.

A police objection here stopped a flow of questions in regard to witness’ private debts. To the Police : On Monday when he missed the money he challenged Cooper with taking it and was told to “ go and fight for it.” Cooper generally seemed to be short of money. Archibald Philip Armstrong stated that he went to the whare on Sunday night and met Cooper coming out. He helped Cooper to put Baker to bed. Later he went with Cooper to work and on the way Cooper told him that Baker had £l2 or £l3 in a match box which he was “ flashing around.” .When he next saw Baker he hold him he was going to Cooper’s to get his money which Cooper had taken.

Cross-examined, witness said he had his back to Cooper when taking off Baker’s boots, and so could not see what he did. Baker was not tod drunk because he remembered everything next morning.

Accused in evidence stated that he attended the party on the Sundaynight. Baker was not invited but just strolled in. Baker offered to buy* the beer and pulled out a match box. He went home with Baker, and, on meeting Armstrong, accused helped to undress Baker, accused and Armstrong each pulling a leg of Baker’s trousers. ' Accused did not go to \\ ork that night. Baker came over the following morning but did not mention the money*. In the afternoon Baker accused him. On a Sunday they* never missed taking more than £8 when they had ice cream. This Sunday Baker took only* 355, though there was no ice cream. Accused took £lB from the shop to the races and £23 of his own. He went with the intention of losing £3 and no more, and they buying a house. At the races he backed horses paying £ll and £5. He won about £7 on the day. The balance on the Sunday* night in the shop was £24. When arrested he told the constable he had £32 in the house.

To the Police: Armstrong was telling a lie when he said he did not help to pull off Baker’s pants. Baker also lied when he stated his wife had no money. He believed Armstrong was again lying when he stated that he had said there was £l2 or £l3 in the box.

To the police, accused stated he had never been known by any other name. Confronted with a long list of convictions for theft, forgery, etc., accused, however, admitted they were correct and that he had been called West. William George Penny* corroborated the evidence given by accused in regard to the races. Cooper was betting heavy and struck an £ll and a £5 dividend. Robert Lowe stated that he did not invite either Baker or Cooper to the party, though ho believed the latter was asked by* someone else. To the Police: There was no sug(Continued In Next Column.)

gestion of buying his beer, and he saw no offer made. W. G. Pavitt stated Cooper backed two horses in each race except the big fields. He struck big dividends. Hector Robinson and Harold Alloway also gave evidence in regard to Cooper’s wins at the races. After consultation the Bench dismissed the case because there was no proof that Baker had any money in the match-box.