R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3739, 18 February 1891, Page 2

R.M. COURT.

MASTERTON- TUESDAY.

(Before Messrs M. Caselberg and B. Boys, J's.P.)

Larceny and False Pretences. Charles Jeffries Wassail was charged on remand with the larceny of a Savings' Bank passbook of the value of two shillings, the property of one Michael O'Donnell.

The Clerk: Do you plead guilty or not guilty ?

The accused : If finding the book otherwise than on the person is stealing, then I plead guilty. Sergeant Price: We'll take the the plea as one of not guilty. The circumstances of the case were briefly detailed by Sergeant Price. Michael O'Donnell, a laborer residing in Masterton, deposed that he remembered the evening of the 11th inst., at which time he was in the Boyal Hotel. He saw the accused there, and they had a drink together. He had occasion to take his handkerchief out of his pocket, when he was almost sure his passbook fell out with it. He did not miss the book till he reached home. The number of the btok was 41,757, and his name was in it. He valued the book at two shillings. When he missed the book he went to the Royal Hotel, and asked them to make inquiries about it. On the following day he went to the Post Office to report his loss, and he was advised to go and give information to the police at once, as a man had pioduced the book at the office. Mr Gillespie informed him of this. Consequent upon this information he communicated with the police. He bad never given any person authority to withdraw money. The accused : Did you go to an outhouse that day 1 Witness : I did not that day. Sergt. Price : How long were you in the Poyal Hotel ? Witness: A bout half an hour. William Gillespie, clerk in the Masterten Post Office, stated that accused presented a pass-book on the 12th inst. The book was the property of Michael O'Donnel. Constable May deposed to the arrest of the accused on Saturday morning, at Brancepeth. The accused then said he knew nothing whatever about the matter. Brought the accused to Masterton, where he stated that the book could be found in a stall of the stables at the Royal Hotel, he having placed it there. On proceeding to the spot indicated the book was found. The accused, in his defence, stated that he was very sorry for what had occurred. He was suffering from the effects of drink at the time. This waß the first time he had been before the Court, and he could assure their Worships it would be the last. Sergeant Price : What the accused has said is quite right. He had been drinking about town all the week,

The accused: I shall be glad if your Worships will deal with the case leniently. I have a young wife and child to keep. I have a good character from the P. and 0. Company, in whose service I have been, and from other persons in the colony. If let off I shall never appear in Court again. Sergeant Price suggested the hearing of the second charge before dealing with the case.

The accused was then charged with attempting to obtain money from William Gillespie under false pretences.

Sergeant Price stated that the case was not a serious one, and could be deals with summarily. Had the accused obtained the money he would have been charged with forgery. The accused pleaded guilty. William Gillespie deposed to the presentation of the passbook on Thursday last. The accused asked if he could draw money. Witness replied that he could not, as the book belonged to Michael O'Donnell. Witness then handed accused an order, to be filled up by O'Donnell. The accused did npt return, At the time the hook was presented the accused appeared very muddled. It would be impossible for money to be withdrawn without the signature of O'Donnell.

To the Court: The accused appeared to be recovering from the effects of drink at the time.

Michael O'Donnell, called, stated that he gave the accused no authority to draw money. Tlje Bench, after a short retirement, announced that it had taken into consideration the fact that this was the accused's first offence. It was at the same time, a serious one, The Court wished to be as lenient as possible,but it was bound to administer the law. It was a sad thing that drink should have caused the accused to take such a step. It was to be hoped this would be a warning. Tfye accused would be sentenced to seven days' imprisonment on each charge, the terms to run concurrently. The accused : Thank you, sirs!