POLICE COURT.

Taranaki Daily News, Volume XXXXV, Issue 118, 16 May 1903, Page 2

POLICE COURT.

ffaiDAT, 15th May.—Before Mr R. L. Stanford, B.M. rKOSECUTIOSS UNDER borough byelaws. Thomas William Leece, Walter Sprottj George M. Doig, and William i±. Birch were charged with having on 6th and 7ch May, frequented D.vons'reet f r the purpose of betting, contrary to s:ctioa 10, sub-saction 26, of the borough bye-laws, Sergeant Haddrell cor ducted the case tnd s ! ated the cbargos were laid undo' the new borough Dye laws, a copy of which was put io. Mr K')rr appeared for the defendants who pleided no 1 ; guilty.

Sergeant Haddrell called Detective B shop, \vh> stated that he knew thrao of tho defendants— SproU, Daig, and Birch. Sprotfc and Doig were bookmakers who frequentod racecourses, Birch ac'ed as clerk to Doig. They can ied on their calling publicly. Did cot know Laeco, Ojnstabl o Bu timore stited that he knew tho four d fendants as b-ok-makers and. boa km leers' e'erks. They might frequently be s en outside the Criterion llote'. Oi the 6h witness went oa duty a l . 1 delailed the number of times he siw accus d ia the street noar the hotd durirg that afternoon. He noticed them Bp aking to diff rent men who tume a'ong. On a number of occasions after talking for a slnrS while the upd whom'accused spoke to would go into the ho'el) and be fo'lowed shortly by one of the bookmakers. lie noticed acciised writing something in thtir pocbe' books when they came out of the hotel on two or threa occasions. They would go occasionally to the pos' offic\ Oi the 9th ins*. L ess was there agiin. They dil not sppaar to witness to have any o-her means of l.velihood, and were almost continua'ly on the street. They u; Uilly hid an Undesirable class of persons around th°m, and on more than onecccisioa he hid noticed lad es cross th i & f i' to avoid pissing them. The people he saw d-i'g. busiuess wi'h accused were visually the same.f-oua day tod iy. To Mr Kerr: New Plymouth was ordinarily a well conducted place. M'\ O'Brien, licenses of the Urite'ioa Hotel, h;d omplained of m-m standing around the hotd, siying they did him no good, buf ha hid not complained particularly of the accused. Wi:ness kid tho informations by order of the Ssrgeant, To the Oour': On the 6 h and 7ch I there were rac s at Hawera.

At this stage Mr Kerr obj 'cted to the form of the chvge. His Worship h ild that the objections could not bo uptulJ. Constables Kussell and Mcßae gave corroborative evidence.

Sargeant Haddrell deposed thit ha knew the defendants and had s en them constintly about the s'reets and at race meetings, eishar acting as bookmakers or bookmakers' clerks in the place allotted to licensed bo ikmakers, He seldom p.ssed the ho'el without seeing them in front of the Criterion Hotel. There was nothing men outside cf the bookmakiog. To Mr Kerr; Oj race days there was always a crowd about the ho'el. Tha bye-law had only recently cooae into opera'ion, He was satisfied that mos*; of the parsms whocjlle;t.d abou. the hotel were there for the purpose of betting. Mr K'-rr submitted thai the prosecution must fail. No evidence bad been adduced that New Plymouth was a borough or that Djvon-street was in it. It was a technical obj action of which he was entitled to t ike advantage, and q jnted authority in support of his contention. He a'so quoted an authority wh'ch pail that a bye-law cou'd not be gt-n Tally known uatil prop rly advertised, He he'd tha*; till thjy were proved to have been cmght in the act of be'.ting or solici ing, they mus 1 ; bo held innocent.

His Worship s lid ha could not accep ! the obj ct'ons. Mr Kerr ca'l d,

Thoi, who said that on the 6;h and 7th May hedil no' frequent D.vou-street for the purpose of battiog, and made no be's. To Sergeant Haddrell: He was in Devon-street about 1.30 on the 6th, and might have bean there till eight o'clock' at night. He put in a good deal of time there for amusement. He might have made a bat on a football match during the past 12 months. He lived on what ha hid made during the time he was billiard-marking at the hotel.

His Worship said it appeared to him conclusive that each of defendants was there for the purpose of batting on the date 3 in question, and had set the byelaws at defiance. He did not think it a case for a nomin il fine, although it was tha first prosecution, and would fice each of the defendants £5 on each kfoimation,

Mr Kerr gave notice of appeal on a point of law, and asked that the fiae ba increased to enable an appeal to be made on facte, but His Worship refused to do this.

THE RAHOTU POST OFBIO® ROBBERY

Walter Richard Allen was charged with entering the Poet Office at Rahotu, and stealing thorifroai £46 10s 6J. Mr T. S. Weston, of We3ton and Weeton, appeared for the defence. Sergt. Haddrell prosecuted, and asked to have tha information amended to £44 16 i 7d, the actual cash missing. He opened the caße, which he said was in connection with the Poit Office robbery at Rahotu, and cdl id Theresa Agnes Hon n, post-mis-tress at Rahotu, who said she was appointed in July, 1900. Have my sister with me. We live at the Post Office. Was there ia April last. Make up my cash ovi ry night, mostly about 5 o'clock. Ramember doing so on Saturday even* ing, 4th April last. My b.'oks show the money in hand on that occasion. In my safe I had £4B 6s 10J. That included a balance of £1 10-f, an old age pension boau?, which I charged myself with. I put the mon:y in my cash-box, and in the safe. The c.ishbox produced is the one. I put the notes in the bottom of tho bjx, the gold in the centie of the box, and tho silver and copper in tha othar compartm:.n's. S>me of the silver was in another tin box. I then put both boxes into the safe and locked it. J caunot say what I did with the key. The cash-box has no lock. There were about 30 tot s of £l, B.mo were new and some old; there was about £8 in gold, six sovereigns aurt four ha)f-;ovi.roigns; there was about £7 in tilver, mostly | half-crowts and 2s pieco l . Oo not know [how much silver was in tho small tin bcx, The safe stood under the ceuntor on the money order side, Tho plan prcducad is a plan of the building, which witness hero do cribed. Under the verandah there is a slido, used mostly for money order and savings bank busium Off the verandah there

is a small room in which there is a slide} iuto the Post Office, used for telegrams and handing out letters and stamps. The public can see all the office when the slide is up. The safe cm be se6n from tho slide on the verandah. That Saturday evening my sister and I left the heme at 7.30. I locked the door between my office and the sitting-room, also the door from the fitting room i.-.to the back-yard. We went out by the front door and t ok the key with u ; mv Mister had the key. The other keys vv.-re I left in the doors. The window of my badroom woe a little opon at tho top. We went to tin public Hall to see a'' play- The Hall is about 200 yards, iway. We returned some time bef re ! 11p.m. Knew the accused. Siwhim ' that night in the Hall with Miss (Jorkin. The accused lef 6 tha Hall just itfore the interval, about 9.30. lie was absent from the Hail quite half an ' hour., Saw nothing wrong when I fifit homo. Tin front door was locked. 1 Went right through tha publio pass ge into the sitting-room, and opened the back door. Oaniiot say if that door was j in the simo position or no*, or whst'ier [ unlocked it or not. Later on my sister and I went to bed. 'The following morning my sister got up fist. When I got up I went into the telephone room. It was a little after 8 a.m. I hid beentilking on the 'phoae when my sister brought in the cash box without the tray. I left the tole phone and went into the office and looked at the sife and found the d >or ju3t nj tr, with the keys hanging in it. The cdth box was missing, but the small tin box was where I left if. There was £2 Oj 31 in it, mostly smill change. On the mantlepiace in tha office my sister hid some money in a little box, and on a table near the office door there was some money in my purse. Accused had done business at the office. Produced his bank-book numbered 9254, On 29th April accused drew £23 12s. Give him that money, and believe I paid him in four £5 notes and three £\ notes, and the rest in silver, This left a balance of Is lOd in his account. When he drew that money he spoke of the robbsry. Hia ked if we hid any clua to the robbiry, [ slid no. He said is it true you have none of the numbers of the cotes, I siid unfortunately not. He said it would b3 a good idea if a det ctiv would wa'oh and see who had more moniy than he ought to hay a. If they found anyone who had more than he . ought to have they should cill upon , him and make him prove where hj» got. n from. He said " they suspect a half- , caste, but I do not think bo." He thought it was a white person. , Be also said, " Never truat your own brother." Ha Bsked"ifl thought i' i would ba any of my friends who lived about the offica," lie also siid "it w.-.s samebody who saw us at the play and knew where the safa was." Ha made , the remark " they must have done it in ttie dark, as the people living oppo [ site migbt notice if any one struck a . m\tch," He said, " The person who , did it ought to be hanged. It was a terrible thing to do, especially to girh ; living by themselves." The accused , could see us at the play. As soon as 1 Jfouud the matter oat I went to Oon stable Lind ; he made an examination , of the p: emises. He called my attention to a footmark on the lid of a box \ under my bedroom window. By Mr Weston: Have often seen accused whe-n he had occasion to come to the offi jo. Had only spoken to him then. He hid been to the office some . four or live days before to draw out hi I money. I told him to come on the 29tc. ! I had not the money on the fiwt oecv ( eion. I think I told him so. Exhibi' ; Ais the office cish book. The figures , in ink were first made in pencil. S.me- ; times they were made soon after and , sometimes at intervals. The item £4B , 83 10J was first writtm in pancil, I [ was o .ly inked the other day ; sine [ 'ha robbery. [Witness then explainer ; ho v she mada up her bJtl snoe.] O . one occasion, when my sister was in charge, I had to make up a ahortag' ; became my cash would not hilance. 1' cmcotsa) for certain what the speoi fiaition of the cash was exactly, I saj t chat the box contained £4B 6310 Jo: . the date stated. I first counted the i cash and th -n mid a up my b:ok, and found they balanced. I never found the key in tho safe on the morning before tha robbery. Do not remembei seeing the accused about the office tha day. It never occurred to me to suppose | someone hid watched me. The accuse ' 1 left the Hall by himsilf, and did hot return till the play was over. lam sure I gave bim £5 notes, I had a luge sum of money'paid in the day be fore in £5 notes, and it was some of those I gave him. I cannot swear, bu , I am quite certain I paid accused four , £5 notes.

1 To Sergeant Haddrell: There is no doubt of the sum 1 paid accused. On the 18th April 1 had a deposit of .£76, mos'ly ia £5 notes. I put them in tht cash bos, Did not pay out much between th 9 receipt of the depoiit and paying the accused. I would lock the safe after olesing the office. I count the cash every night. The books are subj cfc to audit at any moment by the Government auditor. Copies of my cash boak are sent to the Ohief Postmaster in New Plymouth oace a week. The acojunt that weik would be made up to the 7.h. On the occasion when 1 had to make up a deficiency it was a JL\ not?. If I paid anyone £1 too much it woutd a shortage in my cish. Ou that occasion I just mide it up. The uccu-ed came to me for his i mouey twice. He had to come to giv« | notice I cjuld not piy on the first ' ojcasbn in any cise as the notice had to be sent to the chief, and by h'm. I never piy till the authority comes from the he id office, no matter how much m >nt-y I have. Nelly Honan, sister of last witness, deposed sho wjs assistant to her sister | at the Raho'u Post Office. I mostly count the cash, but on tbe 4th April my siste;' counted it. On the previous evening I counted it and put tbu money jintlio sife. I put about 31no'.esin I the cash box ; Hiey were all £1 notes. Ona of them hid a peculiar tear and I said " what an old note " and asked my 'sister what was done with the old j notes. I taw th a name note there on i Wednesday and Thursday and on the Saturday it WjS about third from the ; bottom. The note produced is the one; II am quite sure of that. The peculiar- | ity of tha fctar enables me to be sure it 'istha siine note. Oj the Saturday ' my sister au4 I weut to the hall; my sister locked up. I locked the )a:t ' dojr, the frout on?. I saw accus:d at i the lull with Mies Corkin. He left ! the hall tnl was away some time and ' my s'elwr drew my at e-ition to it sayiug how lon« ho had ieft Miss Corkin. Did not notica m y hing wrong when : \yj g :t homo, i was up fii-s: rest morning and, after lighting ttie fire, I ] woiic oin to go: eoiiw mora wood Si v ibo c .bh tox producod in a box at ! the back door ; it was cmp y, 1 toik it. to my si>.tnr and wo found nil the nuoey was taken. The inner tr-iy was missing. Oa Friday night when I

counted the cash I put the gold in thi centre and the silver and copper on *lOll side. The silver was mostly halfcrowns.

By Mr Weston: lam su*e the torn note was nearly at the bottom $ th* no'es go back in the box nearly in tha B>,m-s order tVo-ry night. We generally I pay out the now notee, remitting th« 1 old notes to th <h ad office I did not I see my sister count the cish Oft Satur* I d.u', but she came out and told.me she h d balanced all righ*:, Know accused I through his oming to the office. My s : uter cillal attention to his bsing away from tho Hail; do not know why, excepting sating Miss Oorkin bitting at long alone. Believe he and M'Si Oorkin were engaged. My sister looked up that cv: nin£. Never rememb-r the key being li-b in the safe before. Mrs Weat called in that evening to tell us of the play; she was there about a q nrter of an hou>\ Miss Potts also callfd, but was not there long; she came before Mrs West. lam s me'itnes in charge of the office. My sister did not remind me that tho safe was unlocked, and it i never occurred to me that it was unlocked. It was while I was counting the no'es in the evening that I called her attention to the torn one. Annie E izi Elith Oorkin Mil she lived with Inr father Wiilhm John Corkin. Have been keeping oompany with accused a'u ca August, Went to an entertainment with him on the 4th Ap' il. He cali' d for me at my father'* house and took me to tha Hall, During the entertainment he hft me. when the [1 ty was about half over. He waa away for half an hour. He said he waa going for the pipe". When be came back he si id coma on let us get home. The play was not over. I did not think it strang>. He took m) heme and stopped at our house. We were to ba mirriel on tho 2ud Wednesday In June. Accused told mi he was goiog away f.om Rihotu. He said he waa going to New Plymouth for hii traps. He spoke about letters. He eaid ha would write to ma. He »id I wia to call for letters addressed to Mr Allan, and the letters were for me. Never told me be was leaving the colony. Ha has made me several presents. I haw reckonel them up and tbey would ooma to about £3 8s He has bought hcuMhold linen and other articles.

He gave me soma money (XI Is 6J) to get pictures with. He never tola me what his wages were. He told me he had plenty of money. Game into New Plymouth with him several times. He bough*; mj a braocb, baads, and hail casting 27a. He paid all the expense! i the trips. By Mr Weston: When accused oim« back he did not siy ha bad been to the A.ruiy room o . We went home together, My father and mother overtook us. tty left our housi next day. While ha eras away I wa? to get his letters for h ; m ;he was ta write to me but not to address ma as Allen. I have been engaged to him since the 10th August. Since then the presents have cost him £3 Bi. We left the hall before the p'ay was ov. r in case father was home drat, lie did not siy be bad looked for father. T) the Oourt: Accused said he wou d write to me addressed to himself and I was to open the 1 iters as for myself and the contents would be for me.

The Court here adjourned until 10.30 this morning.