"OFF THE RAILS."

Auckland Star, Volume LIX, Issue 306, 27 December 1928, Page 7

"OFF THE RAILS."

THEFT OF BANK NOTES.

FROM MAN IH HOTEL.

ACCUSED GIVEN ANOTHER CHANCE

"A man who has been off the rails, as accused has been, and then falls into temptation at Christmas time after he has made a struggle to go straight I do not think should be sent to gaol," said Mr. E. C. Cutten, S.M., at the Police Court this morning, when he placed John Warren Oliver (35) on two years' probation for theft of £24 from a man in a convenience at Hotel" Auckland on Thursday night last.

Oliver, who was represented by Mr. R. A. Singer, pleaded not guilty to the theft charge and also to a charge deeming him to be an idle and disorderly person with insufficient means of support. A skilled labourer employed by the Public Works Department, Edmund Hugh Campbell, who resides at Kohimarama, said he was in the hotel lounge on Thursday last about dinner time and sat on a seat next to Oliver and two of his companions. Oliver asked him to sit closer to him, and then someone invited witness to have a drink. He had a glass of ale and then went into the lavatory. While there Oliver and another man who .wore coloured spectacles entered, and accused put his hand over witness' right shoulder and extracted £24 in notes, which he had in his inside vest pocket. Witness' bank book, which was in the same pocket, fell to the floor. On finding that his money had disappeared, Campbell said to Oliver, "What's the game?" and caught hold of his hand. The other man advised witness "not to be silly" and held him until Oliver got away. When both men had gone witness complained to the porter and also to the hotel office that he had been robbed. Witness said he went to look for Oliver all over town, but could not find him. The following day he spent in searching for him, and on Saturday he saw him in a hotel. He complained to a constable, but on going through the hotel he could not see him. Leaving the hotel, witness caught sight of Oliver, who walked briskly and got on a tram. He followed Oliver and handed him in charge of a constable. Oliver was the man who stole his money.

Mr. Singer cross-examined Campbell at great length, questioning him about his money and where he got it, while ho also criticised him for not reporting the matter inimediately to the police. Evidence was then given by the arresting constable. Detective Sergeant Doyle, who interviewed Oliver after his arrest, then gave evidence. When told of the complaint made by Campbell, Oliver said: "I couid do with the money, but I did not take it." Later he said: "I'd better be sileut on this matter, for with the of a list I've got the magistrate would believe Campbell and not me. If this man says I took his money he's made a mistake." Mr. Singer said that Oliver denied taking the money, while he also denied ever being in the lavatory at the hotel or that he had ever seen Campbell before. Campbell's story was a strange one, and it had been told in a strange, unusual way. Counsel said the magist rate would be justified in dismissing the charge. Oliver then went into the witness-box and said he did not take the money. He also denied seeing Campbell before, but admitted he was in the lounge of the hotel with two other men. He was a married man with three children, and had been working for the past two years, excepting a period of four months spent in hospital.

Cross-examined by Chief Detective Hammond, Oliver admitted a list of previous convictions, some being for theft. Mr. Hammond told accused he had been associating with undesirables in hotels recently.

"I have known Oliver for the past two years., and he is one of the hardest and best of workers, 1 excuse the emphasis," said the City Missioner, Rev. Jasper Calder, speaking in a loud voice. '"He is not strong minded enough to resist meeting men and having spots with them. Although he has been in trouble previously he has worked hard for two years, and has tried to be a decent man." * Chief Detective Hammond: You have heard Campbell and seen him. He's a decent man?—No, I think he's cuckoo. "That's rot," said Air. Hammond. "Well, I know Oliver, I work and live amongst these sort of men," said Mr. Calder. "Yes, and don't forget that we do too," said Mr. Hammond. Mr. Cutten said there was no doubt about the matter. The identity of Olive/ had been established and been amply proved. Campbell's evidence had been given in an excellent manner, despite. ctSticism by counsel, although his method might have been unusual. He was satisfied that what Campbell had said was correct. Oliver evidently had some liquor and some temptation also. He would be convicted Mr. Calder: He's the goat.. Undesirable men come to him because he's a little weak. He does not go to them, and he cannot go about without meeting them. c A discussion then ensued between magistrate, Chief-Detective Hammond, Mr. Singer and Mr. Calder as to the' penalty to be imposed. Mr. Cutten eventually decided to admit Oliver to probation. He was ordered to make an effort to repay the money stolen bv him from Campbell, while he was also prohibited. The second charge was withdrawn for want of prosecution.