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MAGISTERIAL.

ASHBURTON—TUESDAY.

■ [Before Messrs D. Williamson and . „.. - A. Harrison, J.P.'s.] no ticket. ' ■ Daniel Reilly was charged with travelling on the New 7. i: 'm: r.iil:.. i on the 11th April, and ■■■■.i■.:.'. ii- :>ass over the line on a false pretence. Xne charge set forth ihat the accused, not being. a j constable, had made use of a constable's :" route" to travel between Christchurch' ; and Ashburton. Mr Cr^sp appeared for accused. Constable Smart proved the arrest of accused at the express train on the 11th April. 'Oh searching him iio railway ticket was found upon liim. Sergeant Felton said that Reilly went to Christchurch on the 7th April to receive his discharge, which he did on the 10th inst: ' ." ' '„.•„ ; ' Mr Crisp objected to tin's evidence as the Sergeant was not in a position to prove it. Witness continued —The case was gone on with under instructions from headquarters. Samuel Horsnell, guard on the railway,was in charge of the express on the 11th inst. Knew accused as a constable in Ashburton, On the 11th April, while passing through' the train to get the tickets saw Reilly among, the passengers. He handed witness a piece-of paper, which he took to be a police route. Handed io back to him and. passed on. Bade him "good morning" at the time he took the paper and asked him where he was off to. He replied "Dunedin." Noticed the paper was filled in in the usual way. Mr Crisp objected to evidence of j the document without the document itself. ' " Examination continued. —Reilly only said he was going to Dunedin. Understood him to be a member of the force, and did not of course ask Mm for his fare—about 325. The carriage was fairly full of passengers. Was satisfied on ' seeing Reilly in the carriage, not having heard of his discharge, that the passage .was bona fide. By Mr Crisp : Saw every ticket usually on the start of a train—whether long or short journey. Knew Reilly was a constable, and not expecting a railway ticket from him, got a route. The blanks were filled in in writing, but did dot read them, and believed it was signed by MrPender; would not swear, however. It was usual for constables to travel either in uniform or in plain clothes on these routes. The business stated on the route witness could not say what purpose it fulfilled to the constable, but to the guard it was proof that he was a constable aud entitled to travel. Sergeant Felton said the document produced was what was called a police route, and was given to constables who were travelling to pass them on the railway free. The duty on which they are engaged is entered on the route —whether in active police duty or on transfer. They are only signed by the officer in charge of the station. Accused had no right, to be in possession of it, and to have possession he must have stolen it. Could not swear that Reilly did not show a genuine doou-' ment, or that the document he did show J was not given by a properly authorised person. The Inspector was in Ashburton last week, and had ordered witness to prosecute.' ' ' ' Mr Crisp contended that in the absence of the Inspector and the document that ac used was alleged to have made use of, there was no evidence against his client. The Bench said the case must be dismissed simply for want of evidence.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AG18900422.2.15

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume xii, Issue 3407, 22 April 1890

Word Count
581

MAGISTERIAL. Ashburton Guardian, Volume xii, Issue 3407, 22 April 1890

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