SUPREME COURT

Dominion, Volume 9, Issue 2846, 10 August 1916, Page 9

SUPREME COURT

CRIMINAL SESSIONS

YESTERDAY'S PROCEEDINGS

'flie Chief Justice (Sir Robert Stout) presided at the criminal sessions of the Supreme Court yesterday.

BREAKING A.ND ENTERING

William David Creamer and James Farrelly, alias Spencerloy, pleaded not guilty to breaking and entering by day on June 13 the premises of Darnel I). 'Tonkins, known as the Te Aro Restaurant in Taranaki Street, with intent to commit theft. Mr. V. It. Meredith, <jf the Crown Law Oflice, prosecuted, and accused were not- represented by counsel. Mr. A. J. G. Smith was foreman of the jury.

According to the evidence of the iiva witnesses for the Crown, William David Creamer, who had been provioiisly in the employ of D. B. Tonkins, was seen by a boarder named Wilkinson, a waterside worker, near the window of the room occupied by Mr. and Mrs. Tonkins as their bedroom. This room had been locked, and the window was closed but not locked. The window opens out on to tho flat roof of the next house, from whence the street could be easily reached, Creamer was secured by Wilkinson and taken downstairs to Tonkius, and the police called in. Creamer admitted to the constable that he was guilty of entering the room.' Nothing was missed from the room. From information gained from Creamer, the police arrested James Farrellv at the Salvation Army Home, where he had registered under the name of James Spencerley. When taxed with being concerned in the affair with Creamer, accused replied: "If he has given ma away I will give him away. This shows how easy it is for a man to get into trouble through drinking with a man he doos not know. He made a bungle of it. Ho pulled the curtain down gctI ting out of tho window." Farrelly was not seen at the house, and tho evidence against him rested mainly on his own admissions to , the police. When aa'>ested, Farrelly was under tho influ- ! enoe of drink. ! The accused declined to go into the witness-box or to rnako a statement. The jury returned a verdict of guilty, and the prisoners were remanded to Saturday for sentence. THEFT OF MONEY, Frederick Gibbs, who was not represented by counsel, pleaded not guilty to a charge of stealing on Juno 10 £30 in money' and a' wristlet watch of the value of 10s., the property of a returned soldier named V. E. Lane. Mr. A. P. DccpJo wag foreman of the jury. Mr. V. R. Meredith, counsel for tho Crown, in outlining the case, stated that Lane, who was known as "Darkie," and accused were staying at the lodginghouso conducted by Mrs. Hill in Willis Street, above the Anzac Supper Room, conducted by Mr. Patorson. Lane was paid ofF by the Dcfence Department on tho day in question, and received £35 in brand new notes. Lano mot tho accused at the Anzac Supper Room, and they, with others, afterwards had several drinks togother. Lana was not sober at the finish, and was taken to the lodginghouse, and accused and another helped Lane into bed. Lane had a faint Tecollection of somebody searching- his pocket in the room. Later the accused, with others., visited the Anw.c Supper Room, and the accused paid, tendering a new pound note, which lie dotachod from a roll of ..notes. He said the roll bclongod to "Darkie." Lane, oil rising ill tho morning, discovered his tunio under the bed, and his money and wristlet watch were missing. Accused left for Blenheim on Monday, the first opportunity ho had of leaving Wellington, in company with a man named Joseph Moore, where the latter borrowed £10 from the accused,' the money being paid over in notes. The complainant Lane, and four other witnesses, supported counsel's rcview of the case. A verdict of guil/.y was returned by the jury. His Honour remarked that ho was sorry to sec prisoner again in the dock. Ho knew ho had been nndet feforniative treatment under the Prisons Board, and it was hoped that ho iiad been reclaimed. His Honour said he did not know what to do with prisoner, and remanded him to Saturday for sentence. TWO BOTTLES OF WINE. James Angus M'Quilkan, a wharf labourer, for whom Mr. 11. F. O'Leary appeared, was charged with the theft "bf two bottles of wino, valued at 75., from the s.s. llemuera, on May 2'l. Mr. I. A. Hyman was foreman of the jury. - The case for the prosecution, which was conducted by Mr. V. R. Meredith, of tho Crown Law Office, .was that on the day in question accused had been working in the hold of the vessel, and just before 5 p.m. the men came up and started to put oil the hatches. The stevedore, Ancher, was present, and told accused to give a hand. There was a strong smell of wine, and when accused went to help place the hatches the stovedore noticed the outline of a bottle in his hip pocket. Tho men wero dismissed Cor tea, and the stevedoro kept watch. When accused passed he was called back, and tho stevedore asked him to give up.tho bottle in his pccket. The accused gave up the neck of a broken bottle. He.was then asked to give up the bottle in his hip pocket, which he did. He was told to have his tea and return at 0 o'clock. Ho was then take.'! to tho second officer's room and a policeman was there, who tool; him in charge. Accused explained ,1o tho officer that he saw two bottles rolling ohout the hold, and be was bringing them up to deliver to one of thfc officers or tho watchman, and before lie could do so the stevedore had accused him of theft. It was pointed out that the accused made no attemnt to deliver the bottles to the watchman below or to the third oflicer of tlia vessel, who was in uniform and standing near the hatch.

Evidence on these lines was given bv the witnesses for the prosecution. The accused evidence on his own belmlf, mid said he had never previously been charged with any offence. He brought up from the hold two bottle.? of \rino which lie found behind a. case in the hold., but could not Qnci the watchman to deliver the wine to. lie carried the bottles up in his pockets. He did not hand them over to the stevedore, because lie did not wish to do so in front of bis fcllow-workcrs. One bottle broke as lie was coming out of the hold, and the wine spilled on to his clothes. Tie stoijd aside wliilo the hatches were hemp: put on awaiting nil opportunity to tell the, stevedore There was no concealment, anyone could have seen the bottle in his hippocket. He had no opportunity of delivering the bottles to tile stevedore, ns he was immediately accused of the theft of. the bottles. He found Ui« bottles whore lie' was working, and as ho was not returning to the hold again lie secured the bottles to deliver to the watchman or stevedore to clear himself.

After ii retirement of about four hours the jury returned a verdict of not guilty,- and the accused was discharged.