ALLEGED LARCENY.

Wairarapa Daily Times, Volume XV, Issue 4716, 11 May 1894, Page 3

ALLEGED LARCENY.

In the Masterton Court this morning J. W Sims «/i'«s Arthur Linnsden was charged before Mr T, Hutchi3on, S.M., with the theft from the Masterton Club Hotel on May 3rd of n coat—valued ut £B—belonging to Mr J, F.Maunsoll. Sergeant McArdlo conducted the prosecution on behalf of the police, Mr Pownall appearing for the accused, who pleaded not guilty. James Stevenson, manager of tho Club Hotel, gave evidence of tho disappearance of the coat on the OYChing of tho 3rd, and the information given to tho polico. In answer to Mr Pownall, witness said ho bad not seen accused about the hotel on Thursday evening. F. Faulkner, cook at the Railway Boardingbouse identified tlio accused as slaying at the boardinghouse on the 3rd. When the man came to the house- he had a ticket Irom the Benevolent Society, and asked for Mr Amundsen, who was not in, The accused's hair was then longer than at presont, and ho had whiskers of considerable growth. Ho had a blue coat on and trousers that looked as if they wero rather large for him. His hands wore in his pockets as if he was holding his trousers up. He remained at the Boarding House that night, Tea was served at 5.80. Accused went out of the dining room after tea, Witness went down the' street between 7 and 8. Noticed a man with an overcoat ovsr his arm in Queen Street, Was not sufficiently near to recognise the man, although he could say he had dark whiskers and was dressed in a dark sait. Cross-examined; Would not swear

that aocußed was idontioal with the rufln he saW.Could not say whether accused left the houso after tea, although ho saw him leave the dining room. By the Court: The accused slept at the house on the night of the Brd. Witness called him next rooming at 5,30, uud he went out through the kitchen, He had a bundle with him, Witness identified the coat produced as the property of Mr Mauusell, Sergeant McArdlo also rccoanised coat produced as that belonging to Mr

Maims Dll, On May 3rd about noon accused came to the Police Station. It was raining at the time and he applied ior charitable aid. He stated that ho had had nothing lo eat that day and had walked from Hew Plymouth looking for employment. He was without money or means. After a few inquiries witnoss gave him a letter of recommendation to Mr Waddington. Remembered that he had whiskers shorter than tho bean) on his chin, which was long ind scraggy. Tho cout accused was wearing was the a-ime as lie had. on

last Thursday. At 6.80 that ovening ! complaintwnsmadeby MrStevwson ! in consfqaence of fthich witness went I to bco Mr. Maunsell. On the morning of Saturday, (jth, lie inquired at Mr i Shaw's shop, and was shown lite coat, which lie recognised as that of Mr Maunsell. Information was laid against accused in consequence of the description received from Mr Shaw, Did not see accused after lio loft Hie station on Thursday until yesterday It was difficult to recognieo the man ia consequence of his altered appearance, By Mr Pownnll.—When accused came to the station he gave a full account of himself. Saw Mr Shaw

and accused together yectorday. Shaw aeked witness if lio (Bima) (VflO the man who Hold the coat, but witness refused to answer. 'By the Court.—Ho had uo bundle or swag when ho came to tho Police Station, William Bhaw, second hand dealer residing in Hall street, recollected the Brd inefc, Bought the coat produced in Court for ss-the price asked. Took the rjamo of the seller, which was A, Lumsden, who told him ho waa stopping at the Railway Boarding Houße. He had a full beiird, and was of dark appearance, and was only two or three , minutes in the Bbop, Would npt ■ swear who. came to : •. i the and

I inform Hum of any suspicions he had ' because Id bad uono. . .., Witness wiisßovei'oly examined by Sergeant MoArdle, but his evidence w»s not shaken, and he positively swore that to the best of his knowledge aconsed was not the man who Bold the coat. Sergeant MoArdle saidit was us-leas to i.xiimine the wit ess any further, Mr Puu'inll submitted there wug no jtriina facie onse against the aocosed. It was a case of mis'aken identity. Because he was unfortunate enough to be compelled to apply for charitable aid, it did not necessarily follow tho accused belonged to the ctirainal class. Counsel maintained that there was no case even of theft, His Worship over-ruled this, and BUjigosted that the am should be donlt with summarily, Mr Fownall cordially assented to this couim He said .lie would call ] I evidence to show tho case was one of mistaken idontity. The Court ndjouroed for lunch at 1 o'clock,