RESIDENT MAGISTRATE’S COURT.
ASHBURTON. —To-Day. (Before J. N. Wood, Esq., R.M.) Larceny of a L2O Note. —Maurice Fitzpatrick was charged with larceny, on the 28th March last, of one L2O note, the property of Edwin Thomas. —Sergeant Felton conducted the prosecution, the following being the evidence taken
Edwin Thomas: I; 6tn a farmer residing at Wakanui. I was in Ashburton on Monday, the 28th March, and visited the Central Hotel that evening. I had in my possession a L2O note. It was in a pocketbook—the one produced, which my property, and which I had in the breastpocket of my coat. The note was an oldish one. During the evening, I had occasion to take off my coat outside the hotel. This was between 6 and 7 o’clock. The following morning I missed my pocket-book, the note, and my bankbook. I looked for them, and in the evening found the bank-book and pocketbook lying outside on a post. The note was gone. I received the note from Mr Rickards on Monday morning. I saw a L2O note in the possession of Mr Henderson, clerk of the railway station, on Tuesday. Prisoner was in my company on Monday evening. I did not see him after about 7 o’clock. He went away after I had taken my coat off. —By accused : There were several other persons there besides yourself. Possibly there were more than a dozen. I don’t know if you tried to prevent the quarrel I had with Hudson. I don’t remember your getting the horse and going away. Frederick J ohn Rickards : 1 am a farmer, residing at Wakanui. I know last witness. On Monday last I paid him L2O, in a single note, on the Union Bank of Australia. It was an oldish looking note. I don’t know the number.—David Smart : I am a police constable, stationed at Ashburton. From information received I, on the 28th March, arrested the prisoner and charged him with stealing a L2O note from Edwin Thomas. He said, “ What day is this ?” I told him it was Tuesday. He then said, t( On this day week I got a L2O note and half-a-sovereign from Mr Moffatt, for being at the threshing machine. ” The note produced was received from. Mr Henderson, clerk of the railway station. Accused was in the railway refreshment rooms when I arrested him. —By prisoner: After you got to the police station, you told me you came into Ashburton with Mr Moffatt on last Wednesday week, and that you were drinking together. That you asked him for some money* and he gave you half-a-sovereign and a L2O note. The following day you repeated this statement.—Henry Moffatt : I am a miller, and reside at the Wakanui mill. I know accused. I never paid him a L2O note. On last Sunday fortnight (13th March), I paid him 30s when he came down from the threshing mill. I paid him in the kitchen. I was never in his company drinking. The money I gave was on account of wages for threshing. I did not pay him any more. He has not been working for me since I paid him the 30s on last Sunday fortnight. Ido not recollect having seen the note produced before.—By accused : I recollect coming info town with you on Wednesday fortnight. We had some beer together. I sat looking at the men playing billiards, and then lay down. You asked me for money, but 1 never gave you any.—David Henderson : I am clerk at the Ashburton railway station. I know Mr Morley. On Monday evening last, at his request, I changed for him a L2Q note. On the following morning I gave it to Constable Smart. The one produced is it. It was about 8 o’clock when I changed the note. —William Morley : I am manager of the refreshment rooms at the Railway Station. On Monday evening last, at about eight o’clock, I saw accused there. He owed me some money, and tendered me in payment a L2O note. I deducted the amount he owed me, and gave him the change. I had to get the note cashed by Mr Henderson. He stayed there some little time.' The next morning he came there at about seven o’clock, and was arrested by Constable Smart.—By accused : It was after the Christchurch train came in that you came to me to cash the note.—Edward Oughton : I am a barman at the Somerset Hotel. I saw accused on Monday last, when he had two drinks and some dinner. He was asked to pay for them, ,but did not, saying he’d pay when Mr Moffatt came in, as Mr Moffatt owed him some money. He said he had no money. I saw prisoner at eight o’clock the same evening, when he asked me if I had change of a L2O note. I did not think he had one, and asked him to show it to me. He did so. I did not change it for him. He asked for more drink, but being refused, went away.—Samuel Brown.: I am landlord of the Central Hotel. On Monday last I saw accused at my house. This was in the afternoon, and he asked me for a drink of beer, and told me he had been at the Road Board. 1 gave him the beer, and he gave me sixpence in payment for it. He was perfectly sober. After going away for a while, he returned. Prosecutor, accused, and another man were together outside the hotel. Cannot say if Thomas had his coat off. Prisoner left about half-past six, and returned about four hours later. When he came back he asked for a drink, and I declined to serve him until he paid. He gave me a pound note. I refused to serve him, because, in the morning, he asked me to give him a drink on credit, saying he had no money ; this I declined to do.—By accused : It was not on Tuesday you asked me for the drink.—Accused, having been duly cautioned, reserved his defence, and was committed for trial at the Supreme Court sittings, to be held in Christchurch next week. Bail, on the application of accused, was fixed—accused in LIOO, and two sureties of LSO each.
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Ashburton Guardian, Ashburton Guardian, Volume 2, Issue 308, 1 April 1881
RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 2, Issue 308, 1 April 1881
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