MONEY OR GAOL ?

Auckland Star, Volume LX, Issue 286, 3 December 1929, Page 7

MONEY OR GAOL ?

MAGISTRATE'S TERMS.

MALOLO FIREMAN'S THEFT.

COUNTRY POSTMASTER ROBBED. '•CHUMMED UP" WITH STRANGER. On Sunday last a postmaster from a northern township met a fireman belonging to the American steamer Malolo. The two "chummed up" and occupied the same room at a hotel that night. However, this morning the firemar appeared in the dock at the Police Court and the northern visitor told his story of Sunday's happenings from the witness box. Edward Blackeney O'Reilly, aged 22, described as a Texas mechanic, was charged before Mr. F. K. Hunt S.M., with stealing £23, belonging to Ernest Shine, on December 2. Accused pleaded not guilty." Shine said he was postmaster at Waihararara, North Auckland, and came to Auckland on Friday. He met O'Reilly at 'the Victoria Hotel, where he was staying, on Sunday afternoon. He and accused "chummed up," O'Reilly stating that he was second engineer on the Malolo. With O'Reilly he went on board the American ship later in the day, and both returned to the hotel. Witness "shouted" for O'Reilly and also paid for his bed at the hotel on Sunday night. '.'Why did you pay for his'bed?" asked Chief Detective Hammond. Witness: Oh, he said he was not "too flash" and did not have much money. You were, I suppose? —Well, I had £30 in notes. Slept in Same Room. Witness said he and O'Reilly occupied the same room on Sunday night. He slept in a double bed and O'Reilly in a single bed. They retired about 1.30 a.m., O'Reilly stating' that he did not have to go on duty until 8 o'clock on Monday morning. Witness said he locked the door and before .going to bed hung his trousers, which contained the £30 in notes, at the head of the bed. About 4 a.m. he was disturbed by accused going to the head of the bed where his trousers were hanging. He saw O'Reilly leave the room and thought it strange that he should go at such an early hour when he had said he was not going to the ship until 8 o'clock. O'Reilly said, "I'm going on duty at four." '"I knew immediately he had gone that something was the matter and when I looked for my money I found that £23 in notes had been taken," said witness. "So I locked the door again." "Well, why did you not go after him?" asked Mr. Hammond. Witness: What was the use? I did not think it would do auy good. I knew where I could get him again later. Shine said he afterwards reported the matter to the police and at mid-day yesterday he accompanied Detective-Ser-geant McHugh on board the Malolo. where they found accused in the firemen's quarters. O'Reilly, when questioned about the money, said he kuew nothing about it and agreed to be searched. He had no money on him except a few shilling's in change, but four crumpled £1 notes were discovered hidden underneath his mattress by the detective-sergeant. Witness identified one of the notes as his property because of a hole made by a lighted cigarette in one corner. "I often burn holes in notes with a cigarette," he said, "it's a good way of identifying them." (Laughter.) Accused: Mr. Shine, were you intoxicated on Sunday?— No. Evidence was then given by DetectiveSergeant McHugh, who said that after he found the £1 notes beneath the mattress, O'Reilly denied that they were his property. He could, not explain how they got under the bed. O'Reilly admitted being in the Victoria Hotel on Sunday and also that he occupied the same room as Shine. He offered to draw wages due to him to make up for the deficiency. Accused's Explanation. O'Reilly then entered the witness box to tell his story. "I turned on the electric lights and went over to Shine's bed to say good-bye to him before I went down to the ship," he said. "If I was taking his money I would not do that, for a man would go out in the dark and would not say farewell to him. would he?" Mi. Hunt: I don't know, I'm sure. How long have you been a fireman on tha.Malolo? —l signed on at Manilla in the I-hilippines. I have been out there two years, and I wanted to g\>; home to Amcrica again. Why did you offer to make up the deficiency when the detective called on you ?—Well, I did not want to have any trouble. I did not want to have to come to the Court. I wanted to get back on the ship to America. O'Reilly added that he went to the Malolo with Shine and gave him some souvenirs. They returned to the hotel, had some drinks, and then went to bed. He did not take Shine's money. Mr. Hunt: Why did you get up at four o'clock, after telling Shine you were not going until eight o'clock ? —Well, I was in a strange bunk and could not sleep. That was why I went. Another member of the crew of the Malolo, a man named Schneider, was called by accused. He said that he knew O'Reilly had eight or nine Australian notes before the ship reached Auckland. Mr. Hunt: That's wrong, because O'Reilly has told me himself he only had two, and those he spent on liquor last Sunday. That's enough. The magistrate then said he would convict O'Reilly. Chief Detective Hammond said O'Reilly had £5 10/ due to him on the ship. "The easiest way out of it would be to fine him. I think he can get the money from the ship. We don't want him here." "I would only be encouraging theft if I let him go away free," said Mr. Hunt. "He may have cut up the money with some of his pals on the ship. I know what I will do. I will remand him for sentence until three o'clock this afternoon, and I will give him six months' prison if the money is not paid by then. He can see what he can arrange in the meantime."