LOST FIVE POUND NOTE.

Pukekohe & Waiuku Times, Volume 3, Issue 235, 2 October 1914, Page 3

LOST FIVE POUND NOTE.

Found by a Boy

The Money Lost Again.

Charges of Theft.

The ptory of the lo a of a five pound note came hefore Mr E. C. Cutten, S.M., in the Pukekohe S.M. Cojrt on Thursday, wh'n Frank Awdry Clara Jane Awl'y, of Patumato', were charged that on September 2nd, at Patumahoe, they did commit theft of a £5 note, the property of Alfred Osborne Butler. Mr Mahony appeared tor the accuseJ, both of whom pleaded noi guilty, and it #as decided to take the charge against the boy, who is nine years old, first. On account of the youth of the acctsad the Magistrate ordered th-3 case to be taken before a Juvenile Court. Alfred Oaborue Butler, who lost the money, deposal that from what he heard he visited Mrs Awdry's house and told her hs had lose the money. The boy said he had not found any money, when asked by Mrs Awdry. Witnees said that was peculiar as children along the road had told him the toy had found the money. Mrs Awdry said, "We haven't got your money, or we would give it you." Subsequently witness went back to the house and saw the boy alone, as he was not satisfied. He thought Mrs Awdry was putting answers into the hoy's mouth. He said to the boy, "Look her?, did you find the money?" The boy denied it. He asked him if he knew who did find any money. The boy replied tiat some bovs had found dome money up by "Butcher Howard's." He asked the boy to come and show him the place and the bay assented. Mrs Awdry then came in and witness told her the purport of the conversation with the boy. Mrs Awdry remarked that the boy was always coming home with fairy tales, "and you can't believe what he says." The boy then took him to the place where he said he saw three boys pick up the money. The boy said he did not know the lads who picked up the money. To Mr Mahony: When he asked the boy a question Mrs Awdiy always put a question to the bov before he answered witness. When witnessaaked a question she would answer it herself and say, "Did you, Fiankie." She put the question to him, "You didn't find the mousy did you, Frankie?" Ralph Carl Arvidson, a boy 7 seven years old, gave evidence that Frank Awdry showed Dick Irwin and himself a £5 note, which he said he had found down by Howard'?. He said he would give us "ten bob" each if we did not say anything. Prank said he wouldn't show it to hi* mother. Frank put the money back into his trousers pocket. If the note bad fallen on the ground witness would have seen it.

Hugh Irwin, a boy of 10 years of age, corroborated the evidence given by the last witness. Constable Watson related the story of his interview wiih Mrs Awdry and the boy at the Mauku hotel. He asked the boy if he had found any paper money The boy said no. Before the boy replied Mrs Awdry said : " You didn't find any money, did you, Frank ? " Witness asked Mrs Awdry to let the boy answer for himself. Mrs Awdry said the boy woidd not know a five-pound note if he saw one. After the witness had further examined the boy ho asked what he had done with the £5 note. Mrs Awdry said: "You must have lost it, Frankie"; and Frank said " Yes." Subsequently the boy signed a written statement in his mother's presence that he had found a brown note and had lost it. When witness was taking the statement Mrs Awdry kept answering for the boy. Several times he asked her to let the boy answer for himself. Mrs Awdry during the interview used rudeness and bullying. She was very excited and shouted at the boy and frightened him.

Under cross-examination witness denied that be had " grabbed hold " of the boy, that his manner had been truculent, or that he had told Mrs Awdry to " shut her mouth." This was the case for the prosecution. FOR THE DEFENCE For the defenc? Mr Mahony called, Clara Jane Awdry, who stated that Frank was a nervous, delicate boy. The boy never admitted having found the money. Butler arrived at her house within a few minutes after the boy got home. The boy denied in front of Butler that he had taken the money. She offered Butler to allow him to go through the boy's pocket himself. Afterwards she asked the carters to keep a look-out for the money. With Butler and the boy she made a search for the money but could find 110 sign of the note. When (.'.instable Watson came 110 took hold roughly of the boy, who went "mad with terror." Witness denied putting words in the buy's mouth. The constable kept telling him what to say. The first intimation she had that the boy had hud the money was at the interview with the onstable. The boy never told her when he camo home that he had found a £•'> note. She lirst found out what the boy had done when tho constablo was examining j him. Tho boy then admitted he had found u brown note with £•} marked on it, and when asked what lie had dune with it said he had lost it. She had never seen the £5 noto or handled it, or alio would Lave given it back.

Under cross-examination by (lonstable Willcocks witness admitted that two or three days after Constable Watson came out to Fatumahoo sho went to Auckland where hor two married daughters livod. She had never told anyone in Patumahoe that the boy had stolen money from her. Sho denied that she was fond of reporting people, aud had not written any letters reporting Mr J. llonry, except to tho Frankliu County Council. "It was notorious," said tho witness, warmly, " that Mr Henry broke all the bylaws, and I resented that he should pick upon me for offences when he was doing worse himself. I took a note of all the times Mr Henry broke the by-laws aud reported them to the County Council." Witness, on being pressed, admitted she had reported Mr Henry to the postal authorities, and thought she might havo written to the Stork Department about Mr Howard.

Re-examined by Mr M ih>uv, witness denied the implicati<n of ill.police that slie had spent th) 1 >st money in Auckland. Mr M ihony ha 1 fid nessed the Court the Magistrato said he would convict the boy. How he would deal with him he would say after he had heard the other case, THE CASE AO.MXST MttS AWDRY IHSMISSED. The charge against Mrs Awdry was then taken. The only witness callol was tlio boy, Frank Awdry, who said lie lud found the note going to school, put it in his pocket and lost it. MONEY T'> HS ltfcl IWUEU. The Magistrate disuiissjd the case against Mrs Awdry. As far as the boy was concerned there was not any doubt there was conclusive and sufficient evidence to convict him The boy found the note and intende 1 to take it home. The boy knew quite well what he was doing. The boy's statement that he lost the note was only supported by his own evidence, whereas the otiier evidence was against it. Tho charge against the mother had failed, as there was no evidence. There might have been suspicious circumstances, but these were of no value, aud the prosecution was quite justified in not offering further evidence after hearing the boy's statement. He was a very small boy and his Worship did not intend to punish him, so lie would be admonished and discharged The fault rested upon the boy that the £•} note was lost, and thereby upon his people, aud the fact that the boy had lost the money was no reason why the prosecutor should suffer. He would make an order that the boy's father pay back the £o and the costs of J;he prosecution £2 3s. The Pukekohe Cricket Club are holding a practice on Saturday. The naive answers of children are frequently amusing, and sometimes disconcerting. During the hearing of a case in the Pukekohe Court on Thursday a solicitor asked a youthful witness : "Is he a good boy at school i 1" " He's not good at sums," was the unexpected reply. Later on the same witness was asked: "Do you know why Frank ie is not good at sums " Because he always gets them wrong," was an answer which tickled tho Court. The children's musical competitions to be held in the Premier hall on Tuesday should bo interesting. The prizes are exhibited in Mr Wilde's shop in front of the theatre and consist of a beautiful gold bangle for the best girl, and a nicely-designed gold medal for the best boy. Mr Coady has promised a prize to every competitor. The judging will be left to the audieDce, and no doubt competition will be keen for the success of the various favourites. As a large number of children are taking part in the contest, the evening should bo an enjoyable one.* On account of Mr F. V. Frazer, S.M., relieving Mr Burgess S.M., at the Thames Court Mr E. C. Cutten, S M., presided over the sitting of the Magistrate's Ccurt held in Pukekoha on Thursday. There was only a short civil list. Judgment was given for plaiutitfa by default in the following cases:— Isaac Ghezzi v t Lapwood Bros., £47, costs £2 10s; J. Adams and Son v. Mulhern, £1 17s 3d, costs ss. An application for a judgment summons, F. Muir v. W. Taupo and Kima, £55 13s, was adjourned for a mon'.h. Fur riding a bicycle eljng a footpath in West street H. Cullinger was tined 5s and costs 7s.