CHARGE OF THEFT.

Taranaki Daily News, 27 March 1917, Page 3

CHARGE OF THEFT.

AN AWAKINO CASE. At tlie Magistrate's Court yertcrclay afternoon, before Mr. A. Croo'ko, S.M., a married woman named Amy Maud Christofferson, o'f Awakino, was charged with stealing, on- February 27, the sum of £ls 10s, the property of Pairick Matthew Keppel, of Awakhio. Senior-Sergeant Bowden prosecuted, and Mr. A. A. Bennett (Messrs Roy k Nicholson) appeared for accused Patrick Matthew Keppel, flaxmill manager, deposed that on February 23 he saw accused at his residence at Awakino, when she said that she was combg through to New Plymouth and asked if there was anything she could get for them there. Witness and his wife suggested obtaining a second-hand piti-.0, and- accused said that Mr. Hoffma-.n, whose agent she was, had a second-hand piano valued at £ls. She- went to the telephone to ascertain whether the piano was still available. When she came back from the telephone, accused stated that the piano was still for sale, also a piano stool, the usual price ot wluen was £i, but which woii'ld be rec'ueed to 10s. Witness wrote out a cheque for £ls 10s (produced) which he handed to accused.

To the Magistrate: I did not creff it. The Magistrate: I can't understand a nr giving a cheqac like that without crossing it. Witness: I placed implicit confidence in her. The S.M.: The cheque might have been lost. Continuing, witness said that aecuced gave him a receipt for the cheque. He next received a letter (produced) from accused :';i New Plymouth, and on receipt, sent a telegram to accused c/o Post Office, New Plymouth, stating that lie would not take the piano. Following on that witness received a telegram from accused stating that; (he pit-no had been consigned. About seven or eight lays after he had given her the cheque,. -hc_ piano irrived by heat, and accused irri-.vd by ar [lie same afternoon. Ac--used visited the house of witners that iflcrnoon, mid witness remarked tits: here -,eomcd ;o he soim misundtrstand:ng about 'ho transaction. Accused tatcd tha; she had purchased two pianos, ;nd chat the tut:;o belonging to witness had ->oiie tQ.*n. Maori at Mohakatino. She ixplainod that the Maori was at camp, Hid die would not 1.0 able to see him. Witness -fated thr.i ho wanted his iiio:ic-y lack and wished to have nothing move t..> lo with the p'.r.r.r He asked accused to fhow llo!'!';fr.r.:iY receipt for the i"iney. and liii.; phc tailed to do. Accuseu th«n piidcrtook to give witness an order m It. (I Taylor for £l4, saying that Taylor j-ns buying a mare, foal, and gig sioin 1 ,;r. Witness wrote out the order, which was stamped and accused signed it. "V'ilnecs posted the order on March 7. About -March 13 or 14 witness was shown n telegram by the accused, purporting to be from R. H. Taylor, Okau, and rs near as he could recollect stating that Keppel's order will be in order, coining through to take delivery on Sunday. Witness had never seen Taylor. He saw accused on Sunday, 18th'inst. at the Awakino boarding house, when she raid she would see her husband and hoped to get the matter settled straight away. Witness did not question accused, as he did not wish to hurt her feelings. Witness had not yet received the money. Senior Sergeant Bowden was preceding to question witness as to soma statement given. to the police, when Mr Benr.ett objected, and the magistrate upheld the objection. Mr Bennett did not question the witness. Louis Ernest Hoffmann depefed that he was manager at New Plymouth for the British and Continental Piano Company. Witness knew the accused, w):o was an agent for him in the Mokau district. He could not remember accu.-ed ringing- him up on the telephone from Awakino regarding a piano at £ls. He would have hundreds of enquiries fcr a piano at that price, and could not remember them all. Nor had he r.ny iotismunication about a music stool at 10s.

He did not sell music stools, so that was the end of the section. On, February 27, witness sold accused a secondhand piano at £3l 12s Od, to be paid within three years. Accused paid '£2 15s deposit and 5s insurance. The piano was sent to Mrs A. M. Christoffersen. Awakino, via Waitara, He had only sold accused one piano. He had hundreds of Maori clients, and had not sent one to a Maori named at Mohakatino.

Mr. Bennett asked no questions. Witness explained that he had to shut his shop to come to court, and this he considered was a bit hot.

Constable T. H. McGregor, of Mokau, deposed that in consequence of a ccmplaint received from Matthew Keppel, he interviewed accused, at Mokau, and read, over to her the statement that Keppel had made to witness. Accused said that she had acted foo'.Uhiy, that she had cashed Keppel's cheque'at the Bank of New Zealand, New Plymouth, and that she had lost the change iatei. She said that the statement was perfectly true, and that what she had said and written to Mr. Keppel was all lies. Later the same evening witness arrested accused on the present charge, and accused asked him to advise her what to do, but he refused to advise her either way. The same night she said that she would plead guifcy as ehe did not want to cause any trouble. To Mr. Bennett: Witness had had no trouble with accused since he came to the district. Her conduct had been that of a reformed woman. To the magistrate: Accused gave music lessons and also played at dances in the district, where she* was well respected. Her husband, who was a roadman in the employ of the Government, | waß prepared to take her back. They had been living.apart for a few months. Witness understood that the trouble between them was on account of her music teaching taking her so much awav from home. Douglas Campbell, teller at the Bank of New Zealand. New Plymouth, gai'C evidence as to the presentation of the cheque, which was paid to A. M. Christofferson. Witness could not identify the person. Senior Sergeant Bowden asked wha* - ther he would be in order in putting in a list of previous convictions a I this staae. Mr. A. A. Bennett thought that the question of previous convictions shoild not count in the decision as to whether the case should be dealt with summarily, but might be a factor ia allotting the punishment. The magistrate staf|>d that he would Im've no hesitation in dealing with the matter summarilv, seein? that accused had icd a repiiuble life, but there wa« the question .>f antecedentsMr. ()enn.tt poit'.ed ,siit that the last oti>nce »«j it. 1008, Tin »,*;«u.\.s .Htyj £ ti lt wouW mt»- ta>.v : i»,-»i , tl, ~

Mr. A. A. Bennett hgped to place facta before the court in his address "that might lead the magistrate not to impose the punishment of imprisonment. The magistrate agreed to deal wit'.; .the case summarily, accused formally pleaded guilty. Senior Sergeant Bowden pointed out that another case was pending,

Mr Bennett, in a forceful address, pleaded for leniency. He stated, thai accused had made a praiseworthy effort to reform, such' as few situated in her circumstances and having the number of convictions against them that she had would have done. It was a wonderful effort. She had settled down in Awakino, and had earned the respect and confidence of the people in the distr! t. The fact that she had fallen .showed the confidence that Keppel had had in her while she was in their midst. There was no need to refer to the good character given her by the police. In view of (he excellent reformative ufcrk she had done, and the good influence she had influenced in the community, he asked the magistrate to take into consideration the question of inflicting a fine —it must, of course, .be a substantial one. All the reformative work would then not be mi-, done. She would then still be under the good influence of her husband and the ends of justice would be met by a fine. She had made no attempt to evade the crime, and the lies that had been told in the letters were merely attempts to hide her tracks. He stated that her husband was quite willing to take her back providing she was not sent to gaol, sr.d her friends at Awakino would also come to her assistance, as was shown by several letters he had received. The magistrate, after perusing the letters, convicted accused and inflicted a fine of £lO, also ordering her to pay £lO 12s Gd, the costs of the prosecution, or in default three months' imprisonment at the New Plymouth gaolwith hard labor. A week was allowed hi which to find the money. A FURTHER CHARGE. Accused was further charged that on or about March 0, at Awakino, she did forge an order on the postmaster at Okau in the name of R. H. Taylor, asking that any letters should be forwarded to Waitara, and did cause the said postmaster to act on the order as if it were genuine. On the application of the police a remand was granted until 11 a.m. on April 4, bail, which was immediately forthcoming, being allowed in one surety of £25 or two of £l2 10s.