WAS IT A GIFT?

Evening Post, Volume CXI, Issue 34, 9 February 1926, Page 9

WAS IT A GIFT?

ALLEGED THEFT OF TWO HUNDRED POUNDS

A PECULIAR CASE,

The trial of Charles Goodman on a charge of stealing £200 from an elflerly man named Bobert Thompson, was * continued at the Supreme Court yesterday afternoon, before Mr. Justice Beed and a jury.

Mr. P. S. K. Macassey appeared for the Crown, and the accused was represented by Mr. W. E. Leicester.

William H. M'Gowan, residing at Clinton House, Petone, said that Goodman and Thompson were boarders at the house. On the day of the alleged offence witness came to town by car with Goodman and Thompson. They went to the Post Office, and Thompson drew £200 out of the bank and.handed it to Goodman. They then took Thompson out to Porirua, and the following day they went to Auckland, where they attended the Takapuna races, and later to New Plymouth, where they stayed at the Criterion Ho--tel.

Mr. Macassey: "That's the fashionable hotel, is it not?"—"Oh, I don't know.''

Before the police paid a visit to Clinton House, Goodman asked him to mind two £10 notes for him.

Mr. Leicester: "That's not the first time you had acted as custodian for Goodman's money?"—"l have now and again." "Thompson suggested you should go to the Post Office?"—" Yes." "He drew the money out himself 1" —"Yes." "Goodman didn't help him in any way?"—" No." "You had anticipated going this holiday for some months!" —"Yes." "Had you any money saved up?"— "Yes, about £30." "Do you know if Goodman had any money?"—"He showed me a roll of notes—about £20 or £30." Witness added that Thompson had often said that he would not forget Goodman's kindness to him. Accused was the only man who would look after Thompson, and it did not surprise witness that Thompson had given Goodman a present. Detective Jarrold gave evidence as to a statement mado by the accused, who had said that he had received the money as a present from Thompson. Mr. Leicester, for the defence, emphasised the necessity of proving a guilty mind. He submitted that Thompson had understood it was to attend to bodily habits he was being taken to Porirua Hospital, and mot because he was insane, quoting Dr. Boyd's regret that there was no halfway house for such casjs. No influence had been put on Thompson to draw the money or hand it to the accused.

The Court adjourned until to-day. This morning Goodman gavie evidence that Thompson had withdrawn the money without assistance or influence from witness. He had not received money from Thompson before, but had on former occasions accompanied him to the Post Office Savings Bank at Petone, where Thompson appeared to have:no difficulty in getting the money himself. He had arranged to take a holiday with a party of three others in March, but medical advice made it necessary to take his leave; earlier. He had previously accumulated a sum of money for the holiday. Correcting his statement to the police, he now said that the sum received from Thompson was £210. He did not say to Constable Jarrold that Thompson was insane, but Thompson was certainly silly, as the result of illness., ,He knew of nobody who assisted Thompson in business matters. He did not appear to need such assistance. He had not wished to have Thompson put in Porirua, but in some home.

To Mr. Macassey: He was told by Dr. Boyd that Thompson was suffering from ail incurable disease, and that the blood test was positive. If Dr. Boyd said he said the test was negative, he would contradict him. He did not, s,t the Post Office, at Petone, on 6th November, obtain authority to draw £3 from Thompson's account. He did not then have Thompson's' bank book, nor did he tell the clerk that Thompson was ill and could not draw the money. He did go to the Petone Post Office to obtain an authority to draw £20, but did not get it. He was not with Thompson in Wellington on 6th November, but was with Thompson on 16th November, though not at the Post Office. He held that Thompson's mind was quite sound on certain things, though he wanted looking after in others. Thompson did not know he was going to Porirua, but thought he was going into some home, witness's idea being to send him to a home in some place like; Porirua. Witness admitted signing an application to have Thompson admitted to Porirua after the medical examination, but that was not his original intention. Mr. Macassey: "You were going to send Thompson away to a home. He drew £210 out of his bank account and gave it to you, leaving only £11 in his account. Who was going to keep him at the home!"— Witness: "I considered Thompson was a man of means." • Dr. Boyd, recalled, said that it would be easy for Goodman to have mistaken the meaning of what witness said regarding Thompson. Evidence was given by a chambermaid regarding Thompson's habits, ac was occasionally childish, but not generally so. Other evidence was given that Thompson transacted his own business, made his own purchases, etc. Elizabeth M'Gowan, the proprietress of the boarding-house, stated _ that Thompson never made mistakes in paying for his board. He could discuss almost any matter, and never did things that would suggest he was not sane. ■ , . To Mr. Leicester: Thompson spofce oi Goodman as a friend, and told witness the night before he went away, that he intended to give Goodman a present. , „ Mr. Macassey: "You would not say Thompson was green, but ho was perhaps a little stranget"—"l would not say that he was really strange. Sometimes he forgot the dinner hour. Witness, about three weeks before he was taken away, suggested that Thompson should be examined by a doctor, but because of his filthy habits, and not because of his mind. She did not think Thompson would be put in a mental hospital. He got much filthier, but his mind did not seem to get more feeble. This closed the case for the defence. (Proceeding.)