SUPREME COURT.
TUESDAV, MARCH 19. (Before His Honor Mr Justice Cooper). HORSE STEALING. William Alfred Hallmoiul was brought up for sentence on a charge of theft oi a horse, heard on the previous day. His Honor said he proposed to admit the prisoner to probation, lie had seen the probation ollicer, whose report was favorable, lie would admit the prisoner to probation for twelve months. Understanding that the prisoner's parents were poor,- he would make no order for payment of costs. He eould see accused belonged to a large hard-working family, and lie did not want to make the conditions too hard. lie would simply admit (he lad to probation, and he would line to report himself from time to time. And unless he committed some further breach of the criminal law he would not be punished for the otfeuce of which lie was charged. His Hon >r .said he had no*doubt, that this would act as a. warning to prisoner not to deal with other people's property in the future.
THE KLTHAM" ROBBERY CASE. Fred Fontanella was indicted on a charge of stealing .£4l 10s, Hie property of Robert Campbell, licensee of the Coronation Hotel, Eltham. The following jurv was sworn: Messrs A. Sadler, Win. Kelts, Walter Scott, Fred Ncwall, K. A. Colding, 11. T. Bishop, G. A. Corner. ('. 11. Lawrence, H. Looney, Ceo. Mcliahey. A. 11. Roberts, Theodore l-'oote. Counsel for prisoner exercised his full rights of challenge. Mr Corney was chosen foreman. Mr Kerr prosecuted, and Mr Crump appeared for the defence. Mr Kerr, after outlining the facts of the case, called,
Robert Henry Campbell, licensee of (he Coronation' Hotel, at Eltham, since 24th August, last, who slated in evidence that he kept his money in a safe in his office at the hotel. There were two keys to the safe, one of them being kept in the drawer of the safe itself and the other on a bunch on a ring in his own possession. There were two keys of of the oar, one kept on this ring, and the other by the housekeeper. A bar-
maid, Lily FeTgnson, left for a holiday early in January, and his housekeeper hndeharge of the bar key at that time. On Sunday night, January (Ith, he was counting his money when a boarder named Russell came in. There were forty single £1 notes and one £5 note. Tied the fher in a knot to prevent its being mixed with the singles. Russell wrote a couple of letters after the safe was locked. Russell went out to post his letters, and when lie came back they had drinks. Before leaving the bar he took about Ave or six shillings out of the till and put it in his pocket, where he had already about 24 shillings, taken for meals, etc. Then locked the bar, put the key in his trousers pocket, and went upstairs. Went in to Russell's room with him, stopped a few minutes, and then went to his own room. Head a paper until after one o'clock. When he undressed he threw his trousers across a little table at the head of his bed. The door was left half open. Woke next morning a few minutes after six o'clock, and the trousers had gone. He put on another pair of trousers and went downstairs. Found the ofliee door open»*«n'e safe half open, with the keys in the lock. The trousers were lying on the table in the office, some cheques on a chair, and several on the floor. Went to the safe and found the single notes gone, but the five-pound note was still there. There were £l4 10s there in gold, and the silver had not been interfered with. The silver was gone from his trousers pocket. Called Fred, the prisoner, who was the porter. After a little the porter came to the office. Witness said, "Fred, my safe has been robbed. Did you notice it when you got up this morning!" He said, "Yes," and that he found the trousers lying on the floor and he had picked them up and placed them on the table. Asked, "Did you see the keys in the lock!" He answered in the affirmative, and in reply to another question said he had intended telling witness about it as soon as he had finished sweeping. Asked if he had seen anyone about, the prisoner said he had heard someone walking about midnight in the yard, and thought the person came upstairs. After that witness got dressed and went to report the affair to the police. Fontanella seemed to come from the kitchen. His room was just off the kitchen. Constable Redican came up to the hotel, and a conversation ensued in the prisoner's hearing. The constable wanted to search the house, but he declined, as he did not think any of his boarders were
implicated. Constable Ryan came later later in the day. and he called Fontan-
Ella and told him he was going to search his room. He answered, "You can search away, you will find nothing, only
thirty shillings." The constables went to the prisoner's room, and shortly after they called witness. Constable Kynn rami- to him witli a bundle of notes in his hand (produced). From their general appearance he said "I'm sure they're, mine." He had straightened them all , out the night before. He was still of that opinion. Prisoner said: "Mr Campbell, how can you say that? I have earned those by the sweat of my brow, working for Mr Sullivan and you." Mr Sullivan was the previous licensee. Asked prisoner, "Fred, what did you do that to me fori" Witness could not remember the reply. Fontanella had been with the previous licensee of the hotel, and had told .witness he had been getting a pound a week. Witness raised the wages to 255. At the end of eight weeks, prisoner announced his intention of leaving, but as his wages were raised to 30s he stayed on. He had been paid altogether ,£27 5s 4d. When witness was in the house he always kept the keys. Fontanella had often told him that when he came to Wellington from Sydney he was "hard up," and that he had pawned bis waich before leaving; also, he had sent the cash to redeem it. Wnen the prisoner found n loose coin about the floor he always brought it to witness with the remark', "You know I'm honest, boss," or something of the kind.
To Mr Crump: There were two doors leading to his bedroom, but one was never unlocked. There was a passage between his room and the head of the slairs. and the oiticc was at the fool of the stairs. I'ontanclla had been a good servant. When Fonfauolla threatened to leave, witness had not told'him he would help him into business himself later on. but had (old him he would probably lose what he had. Heard just after Miss Ferguson had gone on her trip I hat the accused had lent her C2. Had heard accused telling how he mire found .t'io'O in Sydney, and returned the money to the owner. The barmaid or the housekeeper could have the keys at any time if she required change. ' No one else had the riirhl to use the kev of the safe or of the bar. Could not remember giving anyone, the key of the bar at !).3il on Sunday night: he might have done. Was in the kitchen at about that time. Could not remember Fontanella coming to him for the key of the bar. He would not give (he'accused the key to serve drinks,'though he might have done to get a drink for himself. lie made no written nolo of the amount of money he locked in the safe (hat night. Hanked the cheques on Monday morning. Never hanked silver. (,'eiierally left about six shillings chan-e in the till that light, for use in the early morning. On this occasion he left only :i f-w sixpences. Of the money in his pocket, "a bob or two might have been taken from the boarders for drinks." He
remeinbereil iuis>iu;r a half M>verci!<ii on (he Monday. Talking over the "ill'aii- ; in llie uioniiinr of I lie rohhoiv. l-'niiian-ella had mentioned tin- i e' of a man who had practicallv "tlie run of the liou-e" at the Urn... t H.j.-rt.o! (~ 11„. ;»dice „,,r,!,iu,- FoiiiauellV- room, ho- ■•'""■ he did not believe Hi- n |, „| :i!iylhiii:r (<■ .Io with th- rnhhe-v Hi'"•"■l ""as li „. commercial iiuii.o in Kliham and did be far the 1,;..--! reddentia! hn-inos. there. |,j H| ich - 1„,„... a porter was -uiv to -el ij,,,. from c„aniereia! Iravellevs. .\i Cliri-iin ■- lb-,,-the pri.-o.iei- had showed him sonic few shillings I,- had rco-ived in tip-, but did not tell him that lie had made ri! in tips that week, nor did he ever -jv ha had earned I.V, bet wen ti.:i!i ; , p „! 'i! ill one iiinriiiiio. He hid ir-ver 1,,-t |,t, kov.s, luil he iiad often left the fees ; n the safe whilst he had enm- Io i [,.'■ 1,.,r to serve. lie could not, lord; the olli.e then, as the key or lock was fault v. Since tlie robbery til" lock had been li'v\V. M. Russell, accountant at llie Rank of New South Wales at Jilthain, and a boarder at the Coronation Hotel, detailed the circumstances of the Sunday ni-ht on the |i»c> of Ibe previous whiles-," c.idence. Whilst lie we.s away posting his letters, the backdoor. ilownst,urs.'\-as lelt open lor him. Saw Mr Campbell l"'l lie- money i ; , the safe and lock it, ' uid .stw him lock the bar door. He pr. -nine.l the Key, were put in (he |iCe:i- ---' -.-es |„.,.|-,.|; at any rale. I hey weic noi ■ left in the door. Had heard accused say he '"'""•'■■ a »«»""'« some money
over to .Sydney to redeem n watch from pawn. _ y To llr Crump: Had known ae'.-used all tlie lime lie had been employed at the Coronation. lie had a very excellent characlcr, hard-working and in-
dustrious. Witness was not Campbell's book-keeper, but occasionally wrote a few letters, and so forth, for him. He had made out the statement of accused's wages (produced), from information supplied by Campbell. Campbell was a good business man ,and fairly shrewd. He was not an accountant. His Honor: Very few hotel-keepers are. Mr Crump: Is Mr Campbell a sober man? His Honor: I don't think it is failto put that question. Yon didn't suggest to Mr Campbell himself anything as to character. Mr Crump saiil he was not asking as to character, but as to business methods. His Honor said Mr Crump had not asked that either. His Honor, address.ng the witness: 1 suppose that like a lot of hotcikeepcrs he d«cs have a drink or two'! Witness: Yes. His Honor: And what was his condition when you saw him counting his money'; Witness: Perfectly sober, vour Honor. To .Air Keir: Foiitaiiell-.i came to l-'J-tliam about, March or April last year. Witness had boarded at the house for about two years. Michael Ucdican. constable stationed at Kllliam, said lie had seen the licensee of the Coronation Hotel on the Nundav
night in the kitchen. He was perfectly solier. Campbell reported the robbery.
and witness went to the house. Alter seeing Campbell, he left. Accused called him, anil -asked, ''Whom do you suspect!" Witness said he did not know, and accused told him to keep an eye on a. certain Eltham person, who knew the ran of the house. Accused asked him twice or three times that morning if there were anything- fresh. On going to search prisoner's room he said, -All I've [got is thirty bob." Witness opened a (.Hailstone bag at the foot of the bed. and thirty shillings in silver was found in a cash box in the bag. A cigar box was found in the Gladstone bag, and Constitute Ryan emptied it. it was full of paiiers and at the bottom was a bundle of £1 notes. He said, "That's Campbell's money." Accused said it was his own, and that he had it for a long time. Constable Ryan counted the nionev, and made the number of notes 38. Fontanella said "There's forty." Recounting there were found to be forty notes, and Fontanella said it was his, and that he had earned the money by the sweat oi his brow. Accused was' then arrested. On his way to the police station accused said that if he had taken (he nionev he could have planted it. .Searching his room afterwards lis (id was found in his vest hanging up. When the .'ids was found in the cash box, Constable Rvan asked, "Is this all the money you've got?" and accused said it was.'
To Sir Cramp: Campbell first reported that he had lost £SO or €(!(), consisting of cheques, notes, gold and silver. He led him to believe he suspected a man, whose description tallied with the person named outside by Fontanella. Understood that this man had access to Campbell's room upstairs almost at anv time. Witness did not follow up that clue to any extent.
Re-examined: He had been unable to find any information that the man suspected was about the place on Sunday. William Henry Ryan , constable in charge of the police at Stratford, who had been instructed from Wangaimi to assist in elucidating the matter under review, gave corroborative evidence. He mentioned that Constable Redican had inserted his fingers into the cigar box, anil he had concluded the search was useless. Then as a sort of after-thought, ho turned out the contents of the box. Asked accused why he did not put the money in the bank, and he replied '-"Because I might want it at any time to go for a trip." In naming tlie number of notes Fontanella said he knew there were forty, for he had counted them a couple of nights before when he put in two pounds he had got from a votmlady. When arrested, accused ' sai<f, "Oh, my (iod, 1 am innocent." To Mi Cramp: The prisoner's room was a most exposed one. On the way to the lock-up accused remarked that he would not have been fool enough to keep the money in hi* room if lie had stolen it. He also admitted that lie had another twelve shillings in his vest pocket in his bedroom, lie was shown no grounds for suspecting the other Eltham resident.
George Heller, baker, at Eltlmm, stated that he had called at the hotel early on the Monday morning to get a drink, and the accused said he would have 1o procure the keys from "Nily," j„ order to gain admittance to the' bar. Accused went upstairs and returned with a bunch of keys similar to those produced. '
By Mr (.'rump: lie .|:tl not sec any trou-ers in the possession of prisoner, when lie returned with the key*.
Mrs Elizabeth Oliver, housekeeper at the Coronation Hotel, stated that Lilv Ferguson left the hotel on a holiday trip two or three days before the 7th of January. On that Monday morning she came downstairs at about half-past six o'clock. She had the key of Unbar in her possession, and had had it since the barmaid had gone away. No one asked her for the key that morning.
To Mr Crump: The bar was closed when she came downstairs. Accused's duties in the early morning we/<: to clean the boots, sweep and scrub out the passages, and Vm Monday mornings to light the wash-house tire. The tips at the house were very small.
To Mr Kerr: Accused was supposed to call her and the? other servants. On this morning he did not do so.,
Annie TuroMill, cook at the hotel, stated she had heard from accused that Miss Ferguson had asked him for the loan of two pounds. Also that, he had none to lend her, but if she had asked him a day or two earlier lie could have let her have .€lO. Accused was supposed to call her, hut he did not do so on the 7th.
To Mr Crump: She. did not advise licensed not to lend his money. She remembered Idling him that she had been asked for some, but had none out of the bank and would not draw it for lending purposes. The accused had an excellent character, and she had never heard anything against him. Lily Ferguson, barmaid at, the hotel,
said she had always understood from Fontanella that he bjacfii pretty hard: up when he came to Elthain, and had heard him say he. was going to send money to Sydney to redeem his watch. Shi' had had occasion to make a hurried trip to (Hugo on 3rd January, and on the day before asked accused for tho loan of C2. He said "1m sorry, but 1 haven't got it on me. If you had (old me sooner, 1 would have got it for you.'' He would have got it out of the post pflice savings bank. Accused sent her the money on the sth of January by j money order telegram, and she lif.cil the money on theJOth January.
To Mr Crump: She borrowed four shilling's from him a long time before. | and ho had reused', 1o take it hack. Sln> had not understood that he had money saved. Believe.! thai if accuse.! had had the money at the lime he would have lent il In her, because. Fred would have done anthiiif! for anybody. Iff bore an excellent character amongst the boarders and atnonjMt -hh .Jidlow-.ser-vanls. On one Saturday uichl when tliev were verv busy and short of change she' bad asked )r,n for chan»e and he lon- :!os, which she liavl returned io him. !t was Ibe custom to leave a few shillings and a few sixpences in t/,e til' ..verniejil fi.r use in llie bar in the early mornim.'.
braid: K. Ile.le. p-istal olli.-ia! at Kl-'h-.iiii idi-ntilied '.he atrn,cd wild, he; aid, had a savings hank account at •Them. The accounl. was fh-sl opened ,n August 2!uii, innfi. when he ,lcpo-d----•d C-.'l. There w.s «4li in the bald: 1., bis civTt when be divw ;CK on .lauuarv lutli.- Ho 'roml'-lcd en to Australia on :inl Ausnsl., WW,, and Cli mi October (ith: and on filli Janinvy. I'.IUT, he s,.„| away a money order (.denram for il:'. The accused slal-ed Ids a«c wa- 15. and that lie hail been in Sydney for !2 years before coiniwfl to I!C=. colony. In Svdnev lie had kept several restaurants.' lie named the Emporium, Hay. market, Metropolitan and Savoy foll'ee Palaces. I'.cfl Sydney boon use bu-incs-was not 100 brisk. ' On leaving he pawned his watch for Cli. He had between C:b, and CM when he landed in Wellington and iinmed : ately commenced to look for work. Three days later he went up to Tailiap", where hj" worked for sixteen days, and then he came back to t'abncrslon. leaving Ihcrc fvi take work at Crylls' Hotel in March. Stayed in thai employment for two weeks and three days, earn ng €2 b~>s. Started at the Coronation Hotel on April 12th. Besides his wages he received an average of 15s or lis (id n
u week in tips at the hotel and sample rooms. ,1 At this staged Mr Kerr ask<<d for I, witnesses to be ordered out of Court. His Honor: No, certainly not. Your . witnesses were not ordered out of s Court, Mr Kerr, it is not fair to make i application now. It's too late. Mr Crump requested his witrfesseA * to leave the building. Examination continued.- Ho renienii In-red Mrs Voyle, the housekeeper at the * hotel prior to Mrs Oliver's advent. On one occasion he oll'cred to lend her nro- * uey and she refused it. He had money -about £3s—in a cgar box. It was nil m notes. Mrs Voyle saw the mo- _ »ey. On another occasion Walter Gerard, porter at Potts' Hotel, came iuto accuseds room whilst lie was counting his notes, and the visitor saw Hie "Kmey He might have had abut £2O 1» 1"» hand then, and there was other money lying on the bed. His ,„,,,,„„,,, expenses at the hotel were nil. Boarders a„ the house gave h: m clothes. He
nig'it have spent, "a couple of bob or un-a-erown a week" on himself. When »> opened 1,,s banking account with £2l lie had trout £55 to £OO Hi* Honor: \\ hv dMt lest ol it usV Wilnois: J, was I)et[pi . to ]iavß '■»«'■ had always been his custom » keep money in band. ilis be 4 woo| . lor tips was Christmas week", when he S«it upwards of £3. n 0 h;ul „ sl , ( , t|ll , 'much of keys himself, and haM seen Mr Russell use them. Sometimes on Sundays Mr Campbell would give ac-i-nsi'd the keys so that, he could serve peop.c. On the Sunday night, January tith, three gentlemen came in about 9.30, and Mr Campbell gave accused the kevs ill order to serve the customers. Accused had the loose key every rooming except -Monday niornfiig, in' order to open the bar early and throw up the windows. He had often scon the office door open and seen the safe standing open scleral times': On 'thfcse occasions he had kept his eye on the place until he could -tell the boss." On another occasion Mi's A'oylo had found the keys in Campbell's pocket in one of the , parlors early one morning whilst Camphell was in bed. They had lain there all night. On Monday, 7th January, i he got up at 5 o'clock, and after lighting the tire called the; housemaid at 5.10. Then went about his ordinary work. When he went to sweep the office, he saw a pair of trousers on the lloor. Picked them up and put them i on a chair. Saw the keys, anil the safe - and cash drawer open. 'The housemaid I then told him to go and light the fire at the cottage. He did so. When lie I came back, Campbell called him to the 1 office showed him the cash box, with silver and gold and the knotted '£s ( note. Campbell told him he had lost ' 5-1 notes, and asked why he had not (i
[ called him. He had not called him because, seeing Ihis (clothes, ho thought Campbell must, he about the house, as Jie had been a few mornings previously only partly dressed. Did not remind Campbell 'of it. lie did not tell the police, he had only 30s. Told them iio had only 30s in the cash box. Constable Ryan look the cigar box and said "How ■illicit here?" He replied, " £40." Then the constable counted it. He had intended going for a trip 'when he had saved about £SO. To Mr Kerr: Had held wine licenses at his Sydney restaurant. He had had bad luck there in backing horses. When he landed in Ell-ham he had over £3O. He had never said he was hard up when he got there. Two days after he took up his work at Orylls' he lent the licensee's wile £2 change early in the morning. The £2 which he sent to .Miss Ferguson was taken from his box. He received £2 from Miss Cane on the same morning. Mrs Voyle saw his money about the end of October. The thirtv-fivo notes in the box then were not necessarily part of the forty found there by the police. He put two notes in on the Saturday previous to his arrest and some at Christmas time. He gave Miss Ferguson to understand that he would Have to borrow the two pounds to lend to her, because lie didn't want her to know he had so much money of his own. He had not thought the police were searching his room for money, but for some whisky, Campbell had found a bottle on the night before in the yard. He had had no key on the morning of Monday, February !lth. When Heller said that he luuli had the kevs ou that morning he was a "storier." ' Helltt- came nearly every morning for a whisky and soda. Re-examined: Could not say if ho served Heller that morning. Called lVrroti brothers. Miss Ferguson had never offered to return the four shillings she! had borrowufl, and <l«e only yot his two pounds back last Friday. If the police had asked to see his money, if he Im.l known they were looking for moiU'V. lie would have shown th'-'in everything. Campbell paid him his wanes in notes, except on tire last time, when he paid by cheque. In Sullivan's time ho earned about £33. Lorenzo Mauizzi, an" Kalian uianufae(Srrer of razor-stones ill Melbourne, deposed that he knew the accused at various times in Sydney as the proprietor of one of the largest restaurants in George street. Fontanclla bore a good character as an honest and upright man. He had never heard any one say anything against accused's character. Witness I offered to lend accused £4O or £SO when he was coming to New Zealand, but as he had about £4O that would be enough without borrowing. James Milesi, ii.-li merchant, of Wellington, knew the accused. He came to witness on arriving from Sydney at the beginning of last year, looked for employment. He suggested that Fontanella should buy a cart and bring the lish from the beach. Another mail offered to sell the plant at £35 or £37, but Fontanclla. only offered £3O. He put his hand in his pocket and offered £3O cash down. The other refused, and the transaction was dropped. His general reputation was iiratjelasa among his own countrymen and amongst Englishmen, too. To Mr Kerr: Jf Fontanclla had wanted to borrow money witness would have lent it. Mary Yuyle, who had been a housekeeper at the hotel, said Campbell's room was generally ajar. She had had charge of the bar key. (Ju one occasion Fontanella had found the safe open, and Mr Campbell's bunch of keys in the door. She had found it open herself early one morning, before the licensee came down. She had found the bunch 1 of keys in the bar door one morning. I Remembered being in accused's room . about Ihe 28th or 20lh October last, - saw >ome bank notes on his bed in a I ) cigar-box. There were a "good few" ! notes there. Heller came to the hotel
iii the mornings, generally lor n shilling's worth of whisky in ;i boltle. l'oi>iiiiu-ll;i .not numerous tips ami gifts ol>' clot hing. Heller hud iconic down to him- iii-i- iibont the case, and given her his version of it. Holler hud told her hi: eould not sny whether the door of the bar was tinea or whether Vmi unlocked it. To "Mr Kerr: ilr Campbell was not mi early riser. Walter Gerard slated that he went into accused's room on I lie day lieforo the l'abm-rston show in October last. Accused was hamlbng notes, anil witness remarked '"i uu've got some more for the locking." Alice Qnigley, housemaid at the hotel, gave, evidence that accused called tier on the morning of the robbery. Asked Mm In light tile copper lire, and lie did
To Mv Ki'vi". I was (.lie ony one in in' house that accused called on that uovuiue;. X. \V. Oliver, an oflieor in Ilio Bank I jf -Vow Zealand al I'.Kham, jivoiliici-.! a ■lii'ijiic drawn 'by It. (trills on IStli \prii last in favor of tin- porler, Counsel for the defence opened his adlress at .even o'clock, and the address Inslwl for upwards of an hour,, in which I'.ie points in favor of the prisoner were emphasised. Mr. Kerr's was l.rief, and to the po'iit. Jlis Honor smniued up very carefully, an \ at considerable Mieilr," occupying ju-l over an hour, louchiiujt on the salient point- for the pro-ecu;Vm and for the delVnee, his suiinnin;; up being rather in favor of the prisoner. lie concluded: The whole (|no-tinn appends on whether the prisoner's slai-inent that he had in his possess-on a sum of <X:!0 or CHI when lie .•■,m,. to Kltlrnu was believe Iby ihc jury or not. If he had, then ail ihc rest of the prisoner's evidence, anil the; eircunisliriwes of 1 '■■ ea-'e as disclosed by the defence, are near to be lvasonible. eonsider'niL; the prisoner's nationality—'lhe fact; Hint he was a foreieii'T. Thou if you tliin'c lahad n.-d. I!"' circu0.5i.,,,;...; !U ,-. absoUltelv ineon islent willi hi:', innocence, Tire inrv reined at M.:i:i o.m. !o ,v;isider their verdiei. and at -1! Hi) v .t:. announced there was no chance of ar/rcv incut. At 12.30 a.m. tin- Mir.- --.t : 11 f,-'i'!:e-to agree were locked up till 9 o'clock i His morning, „.;._, ~ , : ; ;; ■;. ■ x
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Taranaki Daily News, Volume L, Issue 59, 20 March 1907, Page 3
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4,791SUPREME COURT. Taranaki Daily News, Volume L, Issue 59, 20 March 1907, Page 3
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