A FISHY CASE.

Wairarapa Daily Times, Volume XI, Issue 3632, 7 October 1890, Page 2

A FISHY CASE.

Alleged L&rooay of Blankets'"Arthur Humphries, a lad of about seventeen years of age, was charged before Messrs Heron and Eenall, J's P, yesterday afternoon, with the larceny on October slh of a pair of blankets valued at 19s Gd from the premises of Alfred Coy, fishmonger. The accused pleaded not guilty. Mr Pownall, who appeared for the defence, stated the case could bo. dealt with summarily under the Justices of the Peace Act, as the articles alleged to have been stolen were not of the value of more than £5. Sergeant Price elated that the case had been laid under the Larceny Act of 1867. Defendant, it appeared, had been in the employ of Coy for eight or nine *eeks. On Sunday last he left, taking with him - two blankets which it was alleged belonged to Coy. Alfiod (Joy, sworn, stated that he was a fishmonger residing in hl3«terton. lie knew the accused, who had. been eight or nine weeks in his employ, On the morning of the sth accused left his place at. an early hour,' taking with him most of Ids things and a pair of blankets belonging to witness. The blankets produced wero those taken, He recognised them by the ticket attached to them;' They were valued at Us Cd and he purchased thern last week from the Wholesale Drapery Company, paying for them in cash, Ho had no receipt for these, as ho had returned a former pair, for which ho paid 10s lid. Tho accused left through an upstair window, (Mr Pownall: Hon do you know, did you see him ?) The doors Were shut and locked insido and the upstair window was open. Witness came down about nine o'clock, a littlo before bis wifo, Mr Pownall: You say you got the blankets from the Wholesale Drapery Co,? I did, , Did you carry thorn yourself? I did not. Thoy were delivered ? Yes, Did you go for them in person or did Mrs Coy ? I went for tham. Did Mrs Coy give you tho money ? No, Did she not tell you to get tho blankets? She aakol mo to do so. She did not tell you to get them for the boy? • No. What havo you done with the receipt ? I placed it on tho blankets, Who has the receipt ? Mrs Coy, How much did you give the lad per week? Twelve shillings, Didnt you promise him fifteen shillings ? I said I'd give him fifteen i( he suited, How did you engage liira ? I engaged him myself in Wellington, Will you swear ho got out of the window ? Well, he did not got out of the door. Will you swear that 1 I will, Was nobody elso in the house excepting Mrs Coy ? • Nobody, Was Mrs Coy not down before nine? ; She was, I believe. And she could not have gono out oftho door I No, she was in another room. Who gavo the blankets to tho lad, yoursolf or Mrs Coy 1 They were placed in the bed, How long was tho lad in your employ 1 Eight or nine wooks. Who paid his wagns ? I did, Did not Mrs Coy ? No, Was not the price of tho blankets deducted by yourself or your wife from tho accused's wages ? No. You'll swear that! I will, The lad left your employ to go to Collier's didlio not? Ibellevoso, Was he at Collier's when you laid the information 1 i I don't know. Did you not tell tho Sorgcant ho \ touldfipdaccused at Collier's? I might have, Then you did not know where ho ( was. but you could tell the Sergt, he 1 was at Collier's! I thought ho was there, i You're not friends with Collier, I ■ believe? Wc don't speak, (laughter.) * You wero lined forty shillings for i assaulting Collier? i I suppose so. i Did you not lay this information i to wreak your vengeance on tho lad forgoing to Colllier'sl I did not. , Was not the ten shillings owing to the acoused sufficient to pay for the blankets ? No, Have you had any conversation , with your wifo about the case ? | • I havo not, None at all ? v Well, I might have spoken to her, The Bench: Did you really, ar.d truly believe tho lad intended to steal the blankets ? I did.

But you admitted that you owed hirn money ? Yes, I owed him ten shillings. Mrs Coy, wife of the last witness, sworn, stated that sLe know accused, who had. been about two months in hei' husband's omploy. On Sunday morning last she missed him. She went to call him about 8.30 or 9 o'clook, and found he was gone. The blankets produced were purchased by her husband from the Wholesale Drapery Company about Tuesday or -Wednesday last. A pair of white blankets which cost-9s lid, were exchanged for them, Tho blankets were' put ■ on '• the accuseds bed when she got them, They wer« purchased for tho accused, Sho believed lirr husband camo down first on Sunday morning last, Sho went to the front door and her husband to"the back, Could not swear that the back door was looted. MrPownall: How mtich'a. week to the-boy paid? >- ; " Twelve shillings, Did you ever pay him? Sometimes. ire you sure of that? Yes. Then if your husbaid says he paid every time he is telling a falsehood ? Well, the boy borrowed from, me and my husband paid the balance. How many limes did you payhim ? Whenever, ho wanted, to. borrow, Did you not deduct the price if lis blankets from Lis wages f ...I did not

How much did you pay him for the lus£ two weeks

I paid him six shillings, and Mr Coy the rest.

You asked your husband to buy the blankets? I did, for Arthur's bed. What did yon do with the receipt ? I left it on the table. • Did you not give tho receipt to the boy?Idid not. How, was it Ihe receipt was found in his pocket when he was arrested ? He must have taken it off the table. .'_• ..' Was not the boy, hard working? Well, I don't know, I havo found things against him. Did he.steal any money ? No, but ho overcharged customers. Can you prove that 1 . ~■< I can. ' > Well, we'll let you do that directly, My husband told me so, ~ Oh! that's a horse of another ■. colour, , Who unlocked the baclr*. door? ' 'Ji ■ ' Mr Coy; _.«... '\ Was it an easy mode of exit for the accused through the window, Yes. Did your husband ever get out that way? (laughter.) No. : • Why was the information laid against the acoused? Because ho took the.blankets;' ; Did you know., he had gotie to Collier's, ■■-■"-.-' . 1 had an idea he had dono so. It was because he left without notice you laid the information ? No. -.;-... Do you think the boy iutended to steal the blankets? I supposo ho took them for his wages which were owing. Oh 1 that's more like it. The Bench: You really think he took tho blankets for the ton shillings which wero owing ? I don't know, If lip had asked for tho money he would havo got it. Tho Bench : In a case like this it must be shown that thcro was an intent to aleid. -A Witness: I don't know look (lie blankets, He' 101 l two shirts, and if he had asked for tho money he would have got it. Orlando Pragnell, an assistant at tho Wliolesalo Drapery Company's warehouse, deposed to selling two pairs of blankets to Coy on Tuesday and Wednesday last for 9s lid, and giving the receipt produced. Tho blankets were returned and another two pair's sold in their stead for 19s Gd. Coy paid the difference, but no receipt was given. By Mr Pownall: The slip produced was given for the first blankets sold, No other was given. Sorgcant Price, sworn, said: From information received I went to Collier's on Sunday morning last, I saw accused, and asked him his name, and he told mo, I asked' him if ho had left Coy. Ho said "Yes." I then asked him if he had taken bis clothes, and he replied that he had. I also asked him if he had taken somo blankets. He said " Yes, and they belong to me." He pulled them out of a bag and showed them to me, and also handed me the slip, stating that the blankets belonged to hirlf I then charged him with stealing them and took him to Coy. A long argument ensued as to who was thpjkuer of the blankets, and at Inst the accused into custody. ByMr.Pownall: The-behaviour of the accused was quite consistent with honesty. The blankets were not concealed any more than the other clothes, in fact they were on tho top of everything else in the bag, Accused said he was given tho slip by Mrs.Coy; He thought theremustbe a mistake somewhere' The accused told him Mrs Coy had kept so much, out of his wages until the blankets were paid for. . He told this in front of Coy, but notwithstanding Coy gave, him in charge, and he had been in thelook up till that morning. Had an information not been laid ho did nob think ho would have arrested the accused,

To the Bench: Ho did not think (here was an intent to steal. It looked so innocent that the lad had only gone threo doors away. This was tho case for the prosecution.

Mr Pownall, for the dofenco, eontouded that there was no chargo to meet. There was not tho slightest excuse for. tho lad being takeuS* custody, Ho had been twenty-four hours in solitary confinement on no chargo whatever. This point,4owever would probably bo broupf on before nnolher Court and a jury. He would show that (ho charge had been laid out of pure malice. The lad was hero without a friend or relation, and ho stood alone, He naturally found it very hard to be immured for twenty-four hours for nothing. It would bo found that tho case was an infamous concoction on the part of the informant and his spouse,

Arthur Humphries, sworn, deposed that ho entered Coj's employ about nino weeks ago. Ho was cngngcd nt 12s a week, and if ho suited he was to receive 15s. At thoend oftlio second week, thinking that ho had suited, ho asked for tho extra three shillings, Coy 'lcplied that ha would have to "wait, until there wero more fish, He had never received fifteen shillings, Finding that Coy had not kept his word ho determined to look for another' place. He bad blankets which ho left in ' Wellington but they wero sold by another fellow, He spoke to Mrs Cat about getting somethings, and decidea% to give her so much a week out of his wngM. Tho first ho gavo her was ten - shillings, but ho afterwards gavo her another eight shillings. Saw Collier on Sunday week, and was offeredj«rk. Since then Coy had used puago towards him, and bad tried to illusc him, butfoimd his mistako, On ono occasion Coy pushed him out of the door and said, "Sling your hook." He took this for a week's notice, Told ■ Mrs Coy lie had seen some cheap blankets at Casclberg's'and would like to get some. Mrs Coy said she would -< give ten shillings to her husband to get some blankets from the Wholesale. Altogether there was 22s coming to him and he thought this was sufficient to pay for the blankets. When the blankets came Mrs Goy gave him tho receipt and ho put it in his. pocket, thinking that it was for the 19s 6d. He found out afterwards, however, that the receipt was for the blankets returned. If he had thought he was dealing with. a dishonest man ho would have made him givo & full receipt," but thinking Coy was a "weal'hy fishmonger" he did not do so. The blankets were pad for out of his money, and he took them for his own, As he had worked late, ha stopped all Saturday night and left. ... early on Sunday' morning.- He left through' the back door and through tho window. He hadJoft. • tho window open because it vaa,lm during tho night, If he haa got through, the window >b would, .ju. all

probability havo broken his neck. Ho was quite surprised when thai Sergeant came for liira. On tho strength of what Coy said, ho had to spend twonty-four hours in tho lockup, and a lonely twonty-four hours it was at that, The Bench, in dismissing the case, advised the accused to bo more cautious in the future. The cuso might have beon a serious ono. They foil that il they treated him as n criminal his lifo might bo blasted. The enso would bo dismissed. The decision of the Bench was recoived with great approval by tho public, and the lad left tho Court wilh his blankets under his arm, highly delighted at his victory.