RESIDENT MAGISTRATE'S COUET

Thames Star, Volume VII, Issue 2112, 11 October 1875, Page 2

RESIDENT MAGISTRATE'S COUET

THIS DAY. (Before J. Kilgour and E. W. Puckey, Esqs., J.P.'s.) ALLEGED LARCENY FBOJI A TILL. Charles Hennings was charged on the information, of Charles F. Quint that he Said on the 9th day of October, 1875, feloniously steal take and carry away from the dwelling of the informant at the Thames, the sum of ten shillings in gold, the property of the said C. F. Quint. Mr Tyler appeared for the accused. Mr Inspector Bullen stated the circumstance of the alleged offence, which will be found detailed in the following evidence. C. F. Quint deposed—That he was licensee of the Nil Desperandum Hotel, Grahamstown. Knew the accused, who had been in witness' employ. Was so employed -on Saturday night last. His duties were to take charge of ttie bar, serve customers —in fact a confidential servant. He should put the money he received into the till. Rocognised the box produced. It was used to put away notes or gold that might be taken—no silver was put into it. Ihe box was kept in the till —a drawer under the counter. Witness mistrusted the accused as his servant in the bar in consequence of some information. On Saturday evening last witness took steps to see if accused were honest or not. Left him in the bar a little after six, and witness went to the front door saying he was going down the street. Instead witness went in by the back door, took off his boots and went up stairs to a room over the bar. In this room two flooring boards had been taken up, and there were holes in the canvass and paper through which witness could see all that went on in the bar. Accused was serving drinks and putting the money in the till at first. Presently he took half a tumbler of port wine for himself, and then he shouted four drinks for people. Then a five pound note was tendered and prisoner said he couldn't change it. The man said he must have it. Then prisoner said he would give the man three one pound notes, and four half-sovereigns, not stopping, anything for the drinks. Witness then came down stairs and put on his slippers. Going into the bar witness said, " What are you doinp P Don't give halfsovereigns away at a busy time on a Saturday night!" Prisoner was taken aback. The change was put back into the tin box, and the customer told to pay for the drink another day. There was more gold than the four half-sovereigns in the box. There was then a report that the steamer had arrived, and witness went out as he expected a friend, accused being left in the bar. Witness went to the front door, and said aloud " I'll go down j" loud enough for the prisoner to hear. Witness did not go down, but went round by the back entrance, took oft his slippers, and went up stairs to where he could command a view of the bar. Prisoner was at the front door. He backed from the front door until he got to the till, keeping his eyes on the street. He then opened the till and took the tin box out, put his hand in the centre compartment where the gold was kept', took out a coin, and placed it in his left-hand trousers pocket—still watching the front door. Witness was positive he took a coin out of the box. Nothing but gold and notes was kept in the tin box. It might have been a sovereign. Only gold coins and notes were kept in the box. Witness from his place of concealment said " George, that will not do." Accused said " Eh ! What? " and looked to the front door. Witness repeated what he said and prisoner looked to the side door, apparently to see who it was. He then said " Where are you ?" Witness said "Here," and thrust his arm through the ceiling (expecting to catch accused, but found his arm was not long enough). Witness went down stairs and ordered accused to leave the bar and the house. Accused said " What do you mean ? I have never wronged you." Witness told him what he had seen. Accused demanded his wages, and witness told him to call on Monday morning and he would get his wages. Accused said he was not going without his wages to walk the streets all night, and he had no money to pay for his bed. Witness again told him to leave —to go upstairs and take his thingsand leave. Accused went away to his bedroom. Witness sent for a policeman, and Detective Brennan came. Witness went to prisoner's bedroom with Brennan. Saw the detective search prisoner's box, and find two one.pound notes, one halfsovereign, and some small change. Showed the detective where witness was watching the prisoner. Prisoner* had no ri^ht whatever to take coins from the till. By the Court—l can state positively that prisoner took a coin from the box and put it in his pocket. Cross-examined by Mr Tyler—l did not see the coin. I am sometimes of a suspicious nature. I have suspected several servants, and caught one in dishonesty. I discharged two or three for drunkenness. I suspeoted prisoner on Saturday night. Before that I accused my wife of "mkking a stocking" which she denied. The liquors were going from the bar and the money was not coming in. Prisoner had given notioe to leave some time before, but on Wednesday when his week was up he said he had promised to stay until Mrs Quint came back. I permitted him to stay — but did not ask. him. (Witness here described the front door, screen &c, and pointed out the position he occupied while in concealment.) I do not know how many notes there were in the ' till when prisoner gave change. There were only three, I believe. The man who wanted change was cook at Curtis's. Prisoner did not givo the change into the man's hand to my knowledge When I remonstrated with prisoner he got the change back. Other customers were in the bar. Prisoner did not put the notes and gold in one parcel, but put them into the different compartments. He took the money from the counter without counting it. When I waa in concealment the second time prisoner took the box out and put it on the left corner of the till. Prisoner could see on each, side of the screen. When I called out, prisoner did not-say "Do you think I am wronging you ?" or " Come down ? " He did not ask me to search him when I came into the bar. He was three parts tight- He was taken aback when I went into the bar. I cannot say that there was a sovereign or a halfsovereign taken out of the till. From the time prisoner went up stairs until I went up with the detective would be about 8 or It) minutes. He was putting some things into his chest. There was a " till" in the chest, and the money was in the till.

Prisoner offered no objection to his chest beiDg searched Detective Brennan searched it and the prisoner. I had no suspicion until Saturday night, when I was told to watch my barman. Previously I accused my,wife of "making a stocking," which she denied, and I believed her. My spirits were going out and no money coming in. By the Court—Prisoner was at liberty to take a drink when he liked, but not to shout for others. I heard no jingle when prisoner put his hand in the tin box. Re-examined by Mr JBullen-—I saw the change referred to, and there were four half-sovereigns, which were put back into the box. Detective Brennan deposed that he was called to Mr Quint's on Saturday night; searched prisoner's box and found two one-pound notes, one half-sovereign, six* ;een sixpences, four threepenny bits, two fourpermy bits, and some coppers. Mr Tyler here wished to recall former witness, and put some questions. Mr Quint, in answer to questions, said prisoner had been in bis employ since 12th August, and had been paid up a few days before, some £2 19s he "believed. Detective' Brennan's examination resumed — The money amounted to £3 Is 4|d. Prisoner was the worse fcfl^ liquor. Mr Quint accused prisoner oF" stealing the half-sovereign. Prisoner said he was only counting the half-sovereigns when Mr Quint saw him. Quint showed witness where he had been watching him. Witness ascertained that there was a clear, full view of the bar. Cross-examined by Mr Tyler—Prisoner said he had been at Joslyn's and changed a sovereign, and he wanted to give some silver to his brother. He did-not say he had changed a pound at the Pacific. By the Court—Pound two sixpences in his vest pocket. • Prisoner said he got ft half-sovereign from Joslyn's, and then changed that. This was the case for the prosecution. Mr Tyler submitted that there was no case. Mr Quint could not say that he had lost anything, and even if he had proved that, there was no evidence to connect the prisoner with taking it. He (Mr Tyler) submitted that the first objec tion was fatal; however, in justice to his client, he felt it his duty to comment upon the evidence of Mr Quint, because the prisoner was accused of something more than simple larceny. It was a breach of trust. As Mr Quint had said, he was in the position of a confidential servant, and it was his duty to his client not only to secure his acquittal, but to remove all stain from his character. (Mr Tyler then referred to the prisoner's antecedents, and commented at length, upon Mr Quint's evidence, which, he submitted, was delivered throughout with a desire to convict whether prisoner were guilty or not, and the motive for which, the learned counsel said, wasihat prisoner had been a good servant, and was going to leave Mr Quint's service. Mr Tyler also referred to the circumstances of prisoner's searching, and how he accounted for having the silver in his possession.) He called— Charles Curtis, who deposed—That he was landlord of the Pacific Hotel, Grahamstown. Knew the defendant; who was for three months in witness' employ. He was second cook. His character was very good. Mr Quint found fault with witness on the first time of his (accused) coming to witness, and said he had no right to take away his servant. Last week accused was in witness' house in the evening. He was having something to drink and witness had a drink/with him. Saw him getting change for something. There was more silver than would be from a crown. Did not see a halfsovereign. He always in the course of l>usiness gave a half-sovereign in change for a pound, and instructed his servants to do the same. Cross-examined by Mr Bullen—Mr Quint did find fault with me for taking accused from his service. There is no rivalry on my part towards Mr Quiat.- I did not see the prisoner tender a note, but I saw him get change which I took to be about twelve or fifteen shillings. la dismissing the case the Bench said they did so because there was no evidence of any money having been stolen, but the presumption was very strong and prisoner had a very narrow escape. He was discharged. Court adjourned.