POLICE COURT.—This Day.

Thames Star, Volume XIV, Issue 4485, 21 May 1883, Page 2

POLICE COURT.—This Day.

(Before Messrs Murray and Bagnall, Esqs., J's.P.) THEFT.

Walter Wink was charged with stealing £2 15s from Joseph Cross, a fisherman. The accused was defended by Mr Miller.

The prosecution stated that Cross and Wink were in the Bendigo Hotel drinking, and after leaving there they went to another hotel, and had more liquor. They then proceeded past the residence of Cross to" Parawai.and while there the accused offered to give the prosecutor a few lessons in the art of self-defence. After knocking Cross down while giving him this instruction the accused put his hand in the prosecutor's ppbket, and took out a purse containing the money. After prosecutor felt the hand in his pocket he missed his purse, and the prisoner suggested th »t he had lost it, and they had better make a search for it, but Cross, knowing that the prisoner had the purse, did not look for it, but said he would see the police. He then laid an information against the accused. In cross-examination the prosecutor said he had been drinking, but was not drunk. He might have had twelve drinks that evening. Herbert Hilton was with the prosecutor and accused on the night in question at the Bendigo Hotel. Saw Cross change £1. Prisoner was present. After prosecutor received his change he dropped half a sovereign and la which witness picked up and returned to him. All three left the Bendigo Hotel and went to Endres' Hotel, and from there on towards Para wai; when prosecutor reached his house in Grey street, he said that was his home, but prisoner persuaded him to go further on to near the saleyards at Para wai, and corroborated the statement of Cross as to what occurred in the "sparring," and the accusation by the prosecutor of Wink having taken hie purse.

Cross then said ho would see the police and went away, the accused going with him. Shortly afterwards Wiuk went ba«|c to witness and said, " Let's see how much there is," and he counted 26s 4d. The witness told him to give it up, or he would get into trouble. The prisoner then (old him he need say nothing of it, aad they could share the amount, which witness declined to do Wink then said he would keep it, and not let witness' name out.

Constable Haz'ett deposed that early yesterday morning the prosecutor met him in Pollen street, and complained that he had been robbed on the Parawai road, and mentioned the names of those in whose company he had been. He was not drunk.

Detective Doolan deposeJ to the arrest of the accused ; searched him and found the purse produced with £1 6s 4d in it. The prisoner denied having committed the theft. The accused had admitted that he had not been paid his wages the previous night.

Mr Miller contended that the accused must be held to be innocent until he was proved guilty. All the witnesses for the prosecution had given the accused a good character and he would produce further evidence in the same direction. He held that the prosecutor was drunk on the evening in question, and therefore his evidence could not be relied upon. The witness Hilton had contradicted many portions of the prosecutor's siatomeut. There was every probability that VViak knew as little of what he was doing as Cross did. He called J. R Sawyer, who swore that the prisoner had been employed by him for over four months. He collected money and did other duties, he was always honest, although he had opportunities every day of being dishonest in connection with the business. Thought it very improbable that he would commit the offence he was now charged with. T. J.. Syms stated that the prosecutor and accused was at his hotel on Saturday night. Cross paid for some drink, and received 17s 6d change out of a£l note. While there he dropped his purse,.which was afterwards picked up and handed to him. After they lek't. the house found half»a-sovereign in the room. The parties were all sober when they left his house.

The Bench said the suspicion against the prisoner was very strong ; but as there was a doubt, it had decided to give the prisoner the benefit of it. He was cautioned against keeping such late hours, and knocking about hotels at such uns reasonable times.