THEFT FROM SHOPKEEPERS.

Auckland Star, Volume XXX, Issue 278, 23 November 1899, Page 9

THEFT FROM SHOPKEEPERS.

A QUESTTON OF SANITY.

STRONG REMARKS ABOUT EX-

POSURE OF GOODS

Denis Cecil Monahan was indicted on four charges of theft' of articles from the shops of Messrs E. C. Browne and Co., Geo. Fowlds, Smith' and Caughey, and Geo. Higgins. '■' Mr Theo. Cooper conducted the case for the. Crown. j Prisoner yesterday pleaded not •guilty, but when the Court resumed this morning he withdrew his plea, and pleaded guilty to all fOur charges. Mr Reston said that when prisoner was admitted to the gaol he was cuffering from some narcotic. He had to be. put in a padded cell.' He had peculiar turns at times; Although he was not insane, he was scarcely responsible for his actions.. Constable Finnerty said he knew prisoner for six years. He was a married man, and there was nothing of a criminal nature known against him. Prisone.' was charged with lunacy on 3rd October last, but the charge was noit made out. His Honor said it was a difficult case to deal with. . Here was a man who had never committed an offence i before, and he suddenly went to a j number of shops and took articles • exhibited outside. He was of opinion : | the City Council' should pass a by-law ; ! to prevent things being put outside shops for sale. It was a. temptation to cririie. and should be prohibited by law. The . prisoner could not have been in his right mind-at the time he took the-articles. He should like him examined as'Ho his present state. | They had lost their much respected i surgeon at the gaol, but he would like him examined by a medical man. Mr Reston said that _)i\ Girdler had been acting as locum tenens for the past fortnight, and "tiis appointment had been temporarily confirmed. His Honor' said that he would order prisoner lo stand over until Monday next, when Dr. Girdler would be able to give his opinion on the state of the man's mi.nd. ALLEGED SHOOTING WITH INTENT. A middle-ag-ed Maori named Whetu 1 was indicted that on the 17th August, ; 1809, at Waikerekere, with intent to ;do grievous bodily 'harm to Whare I Tuna, he did actual; bodily harm to ' Whare Tuna. A second count charged prisoner with discharging, on the 17th | August, a revolver loaded,,with ..des? j tructive materials at Whare Tuna, and I a' third count that on the same date 'he did assault Whare Tuna so as to cause him actual bodily harm. . Mr Theo. Cooper conducter the case j for the Crown. | Prisoner, who was undefended, I pleaded not guilty. Mr Geo. Browne acted as interpreter. Evidence was given, by Whare Tuna and another native. Constable Wainhouse, of Whakatane, also gave evidence. Prisoner ' cross-examined to show that he fired the revolver at a. dog, and that the bullet accidentally struck Whare Tuna. His Honor, in summing up, said the whole charge was proved. The evidence 'of the wounding was clear enough. The jury retired shortly after 12 noon to consider their verdict, and at 10 past 1 His Honor sent for the jury and asked if he could assist them. The foreman, Mr Kenderdine, said four of 'the jury considered there was no intent. His Honor: You must not tell me that. Tho jury must retire and further consider the verdict. ' C THEFT OF MONEY AT WAITEKAURI. A young man named Frederick Davidson surrendered his baid, and was indicted that on 31st August at Waitekauri he stole £10 in money, the property of Wm. Evans, from the house of Martin Coulsori. A second count charged him with receiving the same. Prisoner pleaded not guilty. He was defended by Mr Fred Earl. Mr Theo. Cooper conducted ithe case for the Crown. * It appeared from the evidence of the prosecutor that both men were working at the Alpha mine, and they were paid off. They went to the Hauraki Hotel. Waitekauri, and spent, part of the evening together. They both occupied separate rooms in the hotel. That night prisoner offered to take care of witness' money, but he did not give it to him. He went to bed at 12 o'clock, and next morning found that £10 had gone from his pocket. At breakfast prisoner denied that he had witness money. After dinner he went and saw the accused in his bedroom. - Constable Flavell was there. The constable asked him if lie had the money, and he replied "No.."' Afterwards the constable said he had found £9 0/ in prisoner's bedroom, and he would have to arrest him, which he did. In answer to Mr Earl, witness said he had nothing against Davidson. They were working, together friendly in the Alpha mine. He Knew nothing wrong against him with the exception of this night. They had two whiskies together before they went to their rooms on the night in question, and they also took a bottle of whisky with them as it was closing up time. They had drinks from the bottle upstairs'^ and not being used to drinking it did affect him a bit. About a month before prisoner had taken care of Payne's money, and he gave it back to' him. Prisoner thought Payne was' drinking too heavily. On the night of ithe theft prisoner helped witness to undress. When prisoner was arrested he really did not want to prosecute. He did not look upon him as^a. thief.