Magistrate’s Court.

Waimate Daily Advertiser, Volume IV, Issue 219, 21 June 1902, Page 3

Magistrate’s Court.

Thursday, June 19. Before Mr J. Keddell, S.M. maintenance case. A young man, a Wjsm.M® resident, was ordered to pay as a week, with costs £7 2s, towards the support of his illegi'imato chilecl. Mr Hamilton for accused and MrFlesher, of Qhrjatqhurch, for the girl, Friday, June 18. Before Messrs C, V. Clark and W. Petit, Js.P. THEFT. A young man named C, E. Tilby was charged by the Police with stealing goods to the value of about £4O frorp Ips employer (Mr Ne^l) Williaiq ifenry Ned gave evidence that he was a photographer and lived at Glenavy. Had been working in NVaimate Knew accused, and believed nim to he the person who had) worked for him in Wafinate, Would not swear absolutely,

Bench : You mem to say a nun worked in your employ and you cannot identify him ? Witness : The likeness is very strik ; ng but I cannot fully identify him. Police : Where did you first see Tilby ? In answer to the question witness said he had advertised for an asaiatant in Christchurch oq the Saturday and Monday before the 19,th March; 1902, and the accused applied. He called to see him in Christchurch and engaged him to travel for him, and agreed to give him IQs a week and in the £ on all moneys collected; Accused, himself and wite then \yecjt to, Little River and worked there qntil April sth. Qn that d & te they returned tq and came to Yfaimate by express, accused being still with them. Started work on Monday ?th April. Delivered a lot oi photographs on the Saturday and Monday 14th. Got second lot of work ready for delivery on Monday 21st, Qq that morning he had ooqasjdn to go up to Chrlstcqurch and left Tilby iq charge of the photographs and photographic camera and stock, aqd instructed him to deliver the photographs that were finished and collect the money and telegraph him about £8 on Tuesday morning. He did not rpceiye any money, and he instructed accused to go (o Oamaru and make enquiries from photographer. Tilby gave him a letter to deliver at the railway book stall at the Christchurch station, saying that he wanted a camera sent tq him at Oamaru next day, said wanted to deliver a few photographs in Oamaru. Witness returned to Waimate on Tuesday, 24th by express. He then want to Tilby’fl lodgings to make enquiries from Mrs Merry. to bedroom whore he had Ho his camera, and found that [ camera and camera case, four camera shutter, and two changing hags

I w-re not t ere \'ler mis-'ing these he went to Mrs M iry ami her and her dan.: ’ter about it Then went to his wor.. oo nanl i<> c;dab At e c doiide of g.ld fluid tihch he had left nearly lull wa< only half full- That would be about 20.3 worth gone. Also missed four boxes ha'fplates. The workroom was not well locked, and hs asked Miss Moore

to lock up and u-ually went through Mr Moore’s shop. Was not kept permanently locked. He found that the stolen goods were worth about £45. Also missed a set of scales and weights, which were on the mantelshelf in the workroom, five or six packets of P.O. p»por and a small dish for developing. That was, as fir as he could remember, all that was taken- Did not give accused, or anyone else, permission to take material. Accu ed was to return to Waimate not later than Tuesday to meet him. Did not mei t accused on that day. He went to Oamaru about a we.-k after to see if he c m'd hire a camera fo go on with work, and to see if he could learn anything of accused’s movements. When he arrived he found the small camera that had been sent from Christchurch waiting for Tilby at the Oamaru station. He communicated with the police and made all enquiriei possible as tc accused’s movements. When he left there was £lO 19s 6d worth of work to finish and the money to collect.

To Mr Joyut : Was lodging with accused both at Little River and Wairare from 19th March to 21st April and believed him to bo the young man, I ilby, who was working with him. Last April, 1901, was either in Hawera of Napier. Did not remember il any new ph tographen had at that time set up in Napier.

He then swore that the accused was Ti by.

Mabel Rose Merry gave evidence that she was a boarding-house keeper in Waimate, and recognised accused as the pen on who lodged at her house as Tilby, who was working for Mr Neil, the last witness. Accused and Mr Neil came to her place on Saturday, sth April. Mr Neil went to Christchurch on the 21st April. Tilby left by the express on the Monday, and said ha was going to Oamaru. He had a small bag in his hand when he went away; it was a camera bag. He said he would returr on Thursday. He did not return on Thursday, and witness had not seen him until to-day.

John Merry said ho resided at the Hook. Occasionally stayed at his daughter’s when in Waimats. Recognised accused, but would not swear that he was Tilly. Thought he had every appearance of him. Remembered the day accused left to go by the express, as witness was painting the safe at bis daughter’s house. Accused was carrying a very large portmanteau. The portmanteau was about three feet long, and accused remarked that it was a very heavy one, and asked witness to come and lift it. He felt the weight of it, but could not tell the weight; it was very heavy. Accused told him he expected to come back on the Thursday, but had not teen him a'nce.

The Court here adjourned till ona o’clock.

On resuming after lunch, the police called

HCen Williams, who said that she knew the accused, and suw him at her house about six weeks ago, when he came with photos of the house which she had ordered. She gave the order to accused, and was quite posh ire Tilby was the man. He came twice to her house. She paid 10s for eight photos, but only rece.ved three. He gave her a receipt, hut had failed to sign it; he said he would send the remainder of the photos from Christchurch, but they never came. Mr Neal had given them to her since.

Cross-examined by Mr Joynt, witness said she had only seen accused twice for a few moments.

Rhoda Williams gaye evidence that she ha 1 seen accused before at her father’s hoviao, when he took a photo of the house. Mr Neal was with him at the time. He called a second time about six weeks ago. Was quite certain he was the man, but he was a little altered, having a moustache now, John Samuel Butcher i-akl he knew accused, and saw him six weeks ago, when le vas taking photographs of houses and sho; a. Mr Neal was with him, The accused came to the door of witness' shop and asked if he wanted to have the photo taken. ' Witness said he di 1 not. Hud seen accused on several occa-i i & since then. Was positive he was the young mm. Did not take any opeeiil notice of him. He had no moustache at the time witness saw him.

TU s was the case for the prosecution. Mr Joynt said this was a very peculiar case, and he would go on to show that the accused’s name way* Holme and that lie wai at home at the time referred to. He wcod'd bo p epar. d to ‘■wear that he was never in Wai mate before he came for this case. He called

James Anderson, railway potter, who deposed that he lived in Wahmte. He remembered Tilby, ai.d had been in his company only once, about five weeks ago. He was with him in the railway station and the goods shed. Saw Tilby with Mr Neal three time*. Was sure accused was not Tilby. Could see no resemblance in the two men nt all. This man was about a conpie of inches taller. Tilby had no mo stache’ Was away at the time Tilby dis ppearod. Did not know any of Tilby’s companions.

To Constable Christie: Was sure he was away when Tilby went away. It was at the lime the Tenth Contingent went away, was away from Friday until M on day- It would be about a week before he went to Christchurch that he saw Tilby in the goods shed, Had seen him on other occasions, and was sure accused was not Tilby. Philip Richirja, tobacconist, deposed that he had seen the man supposed to be Tilby when he came to fits shop. Accused did not hear any resemblance whatever to Tilby. Tilby was shorter and darker than accused, and had no moustache. To Constable Christie : He could not swear to Tilby if he saw him. Further questioned by Mr Joynt, the last witness said ha was sure accused was not the yp.tmg man who came to his shop along with Mr Neal. Ambrose Isaiah Hulme, father of the accused, deposed that he livqd in Fowke street, Rich rond, Christchurch. Had lived there eight or nine years. Hia son had been travelling over the colony taking photographs with a Mr Turner up to September last. His son was living at hoipo at the time he was supposed to be In Wainyate. He himself was away from Christchurch for four weeks at the time spoken oh and his son sent him Christchurch papers addressed in his own handwriting. These papers were sent every week. He would know if he were away for a week, and was sure ha was not away at the time. He did not know pJE hia sop having anything to do with Mr N Oa R H* B wife was not absent all the time he was away. Mrs Hulme had not mentioned to him of hia son's being away in April. Did not notice whether his bqo had a moustache. His son was a photographer, and sometimes people oame to him and sometimes ho went to them.

To Constable Christie > Hjis eon might have been away in Apjril without hla knowing it, Eliza Hulme, wife of last witness, deposed that the accused bad lived with her since the 10th September last, when ho returned from the North Island. Her son had npt been away from home except for one night since that date. Ho had a faint moustache four or five years ago, when the photo produced was taken. Did not know of her son’s having anything tQ do with Mr Neal. Witness had hc§q at home since September last. Her

j son cou'd n t ' o iw y without her r knowledge, s Cross-e:: mained b. Constable Christie, i Mrs Huline corroborated her evidence. ' Ellen It cliards said she was the wife of Joseph Richards, of Stanmore Road, ■ Christchurch, and that she lived at the back of Mrs Holme’s. She had seen accused four or five times a week since * Christmas. He bought his cigarettes | from her. He had not missed a week. Accused often showed her photos, but had not shown her any taken in Waimate. Accused always had a moustache since she first saw him. Accimed was very respectable, as were all the family. Cross-ex‘.mined, Mrs Richards said she was sure he had nob been away, as he came (o her shop so regularly. Edwin Cooper, of Hill’s Road, St. Albans, Christchurch, gardener, said he knew Hulme since about the Ist April ■ up to the present. On the second Sunday in April he arranged with * accused to have a photo of himself and wife taken. Had seen him since then. On the 19th April accused brought the photos round to his house. On the Monday following he came round to see if he would have the photos published in the “ Weekly Press,” which he agreed to, the photos appearing about a fortnight or-moye later. Cross-examined ; He was sure of the dates, but could not explain how he remembered them. Ho swore as to accused being Hulme, not Tilby. Frederick Wm. Hulme (the accused) was then called. He said he lived with his fa 1 her and mother at Fowke street, Richmond, and was a photographer, The photo was one he had enlarged from a Xmas card was taken four or five years ago. He shaved bis moustache about 18 months ago, when at Woodville, but had let it grow since. The police got the photo produced. He was stopped by a policeman in Lichfield S'., Christchurch, and questioned as to his bung in Temuka or Waimate, and he said he had not. He then went to Cashel street and the policeman asked him to go to the police station. The Constable to'd him that he answered the description of the person suspected of theft in Waimate. He told the Constable that he had a photograph of himself and if he wished he would give him one to Waimate to see if he was the man. Next day the Constable got the photo from the house. He had met Mr Neal before in Napier and had spoken to him. He was at that time travelling round with Mr Turner. Was speaking to Mr Neal with reference to a camera and had not seen him since that time. Last night was his first appear-

ance in Waimate, Did not have any connection with Mr’ Neal in his life. Had not known himself called Tilby. Could not be sure if Mr Neal knew his name or not. Had not known anyone in Waimate and had not seen Mrs or Miss Merry before. Had been living with his parents in Christchurch since September. Had done nothing else but photography. Remembered Mr Cooper getting his photos. Mr Cooper came round about a week after and asked him to come round and take the photos, which he did, and showed him the proofs the next day, which were anproved of. He delivered them on the 21st April and remembered arranging with the Press, the photos appearing on the 7th May. Crossexamined by Constable Christie accused said he was not discussing the case with Cooper (one of tlie witnesses), but was talking to him about the Press and thinking how he could procure one with the photos in. Was m troublesome years ago. Did get ain inth in Christ- ; church in 190 U for thefo of a part of a camera. Was certain he was never in the employ of Mr Neal and was never in Waimate before.

The Bench theu questioned Mr Neal, who said he had a slight recollection of someone like accused coming to him in Napier about a camera. This concluded the evidence. Mr Joynt said all the Bench had for their guide was the memory and personal appearance. Constable Christie said hej thought all the Bench could do was to commit accused for trial. The Bench retired for a quarter of an hour to consider the cose. When they returned the Bench came to the conclusion that it was a case of mistaken identity ani therefore dismissed the case. The Court was then adjourned,