ARATAPU POLICE COURT.

Wairoa Bell, Volume V, Issue 216, 22 September 1893, Page 7

ARATAPU POLICE COURT.

(Befere Messrs T. Webb and M. Harding J.P’s. William Russell and S. Murphy were charged, on the information of Mr Jabez Fitness, with stealing about 2501 b of gum. Mr N. A. McLeod appeared for the prosecution. Prisoners pleaded Not Guilty. Mr Jabez Fitness deposed that on 4th September be purchased gum at Gallagher’s camp and removed all. but 2521b5. This he was unable to take at the time and so left it lying about 12ft. from Ashby’s whare. He gave43sacwt. for the gum. He had searched a day for the gum but was unable to find it. Thomas Banks deposed that Murphy came to his whare and proposed to go and take Fitness’s gum. He said it was a sin to rob a fellow digger, but it was no sin to rob a storekeeper. He also proposed to ask Gallagher to join. Bussell was also present. About seven o’clock in the evening Bussell and witness were playing cards when they heard the dogs hark and the former said ‘ That’s Steve ’ meaning Murphy. About ten the same evening, as witness was getting into bed, Bussell came into his whare and asked him whether he was not going down •to fill his bag, and on being told no he said 4 Well I am.’ The next day the gum was gone, and he heard some one say that he would like to know how Murphy got his sack up to 3qrs. To Murphy. —Murphy said to him after the arrest ‘ God help you if I got him out on the field ’or some such words. He felt satis - fied in his own mind that the prisoners took the gum, and that was the opinion of nearly all in the camp. Murphy sold a good deal more gum on the Wednesday than he had on the Tuesday. Hugh Gallagher also gave evidence. Constable Scott said that after enquiries he arrested both prisoners. Murphy said that he was not much of a digger and that the previous day’s was the best he had ever done. He also said be came from Sydney as a stowaway in the Monowai when his mate was copped but he got clear. If the stolen gum were in Court it could not be identified by Mr Fitness. Murphy made a statement in which his object seemed to throw suspicion an Bussell, and he said his proposal to take the gum was only a joke.

To Bussell.—He acknowledged that the last words he used on parting on the night of the theft were ‘ Mum’s the word.’ Bussell in his statement said that what he said to Dunks was not ‘ Well I am ’ (going to steal the gum) but ‘So am I ’ (going to bed). After some consideration the Bench decided to dismiss the case as no stolen property had been found arid there was no clear proof, but informed prisoners that it looked very black against them. And also that the practice of gum stealing' was becoming so common that when a conviction is sustained thej» will deal severely with it.