CRIMINAL SESSIONS.

Evening Post, Volume LXXVII, Issue 111, 12 May 1909, Page 3

CRIMINAL SESSIONS.

THEFT FROM THE PERSON. TWO MONTHS' IMPRISONMENT. Michael Herlihy, a. young man, pleaded "Not Guilty," before Mr. Justice Chapman yesterday afternoon, to a charge of stealing, at Wellington, on the 27th February last, .avo metal watches, a rolled-gold chain, and a silver medal, the property of John W. Rickman. The prisoner was represented by Mr. Cracroft Wilson, instructed by Mr. Cook. Mr. H. H. Seaton was chosen foreman of the jury. John William Rickman, labourer, gave evidence as to the events on the Saturday night when the robbery took place. He admitted that liquor had had the best of him. He did not recognise the prisoner as tne man who helped him home. He remembered nothing very distinctly of anything that happened between 6.30 p.m. and 10.45 p.m., when he arrived home at Wadestown with his stores, but minus his watch, etc. Mr. Wilson : Did you carry home the kit? Witness : No, the kit did not carry me home. (Laughter.) I shouldn't think it would ; somebody else had to do that. Who took you home ? — I don't remember having anybody in my company. You don't remember parting with your Good Samaritan ? — I don't remember him ao all. A man can't keep a record of all these things I have been relieved several times of little luxuries in this way. (Laughter.) What, time did you get paralytic? — The first time you mean ? Yes, the first time? — Thirty-seven years ago. (Laughter.) You must have got through a iot since then?— Oh, yes. John White Scott, clerk, residing at Wadestown, knew the last witness. He first saw him on Saturday night in Moles worth-street holding on* to a fence. He saw Rickman again on the Wades-town-road, after getting up the steps from Park-street. The accused was with him. Herlihy was in front, Rickman two paces behind. The prisoner said, "Come on." Rickman replied, "I'm not coming on until I get another drink." Then the prisoner said, "If you don't come along, I'll leave you." Then he went up to Rickman and began to whisper in his ear. Meanwhile he wwoa o removing the watch from Rickman's pocket. They were under the lamp, and the witness, with a friend, Butcher, was about a yard and a half away by Ihe rail. Then the accu&ed lifted Rickman's kit and walked a few yards. He left the kit and walked down Grant-road. The witness followed him down bo' Tinakori-road, where he got on a car. They got on, too. He went on as far as the Metropolitan, and walked back towards the Princess Hotel. That was the last the witness saw of him that evening He saw him again next Saturday evening, and pointednim out to the police, who made the arrest. Harold Edward Butcher, Customs clerk, residing at Wadestown,' gave evidence similar to that given by the previous witness, with whom he went home on the Saturday night in question. Rickman sat down at the top of the steps and ■ refused co come on. The witness was behind the accused, when he saw him bring his hand from the | front of his body, and put it in his I hip-pocket. Richard Battersby, who was with the two previous witneipsete, corroborated their testimony. Ho heard the tinkle of a chain and saw a glitter in the light as the accused brought his hand round from Rickman to his own hip pocket. He remembered the prisoner speaking to him outside the Magistrate's Court before the case came on as they were waiting. The prisoner asked him what he *vas going to say, in the box, and also asked for his address. The witness refused to give any information. Detective Cameron deposed to arresting the accused on the 6th March. Herlihy said he knew nothing about it. The watches produced were found on the 19th in a brown-paper parcel in the yard of the police station. This concluded the case for the prosecution. Mr. Wilson called no witnesses, but addressed the jury. After deliberating forty minutes the jury hrought in a verdict of guilty, with a strong recommendation to mercy. His Honour in passing sentence said he would take into consideration the fact that the prisoner had already spent two months in gaol ; also the appeal of counsel and the recommendation of the jury. Rickman had exposed the prisoner and others to temptation by "nis drunken condition on the night when the theft was committed. A sentence of two months' imprisonment v>as passed. THE NGAHAUR-iNGA^ROBBERY. Late yesterday afternoon ihe jury brought in a verdict of guilty against Alfred Burnicle, alias Pearce, on a charge of bieaking and entering into the Ngahauranga Railway Station offices, by night, and stealing articles of clothing belonging to the stationmaster, Richard Kearney. His Honour postponed sentence until this morning.