ALLEGED ROBBERY.

Gisborne Times, Volume VI, Issue 216, 18 September 1901, Page 3

ALLEGED ROBBERY.

ACCUSED COMMITTED FOR TRIAL. At the Magistrate's Court yesterday, before Mr W. A. Barton, S.M., James Crinnnins and George Herbert Needham were charged with the theft of £7o from the person of Thomas Penk, carpenter. Mr Lysnar appeared for the accused. Sergeant Siddcils conducted the case for the prosecution, and detailed the facts of the case. mi..—,D/vnl- nnvnantAV rlnrtncnrl flmf.

Thomas Penk, carpenter, deposed that he worked for Mackrell and Colley. Of late he was working at the Murewai Hotel. He came in on the sth inst.; he had at that time £75 and a few shillings, made up of three £2O notes, one £lO, and a few shillings in silver. He then started work for Mackrell and Colley in Gisborne. On the Sth he received his wages by cheque, £9 18s 6d. He cashed the cheque that day, out of which he paid Mrs Menzies £2j and also 25s for clothes to Mark Way House. On Tuesday he met a few friends and passed the day together, returning to his lodging at 4.30 or 5 o'clock. He went into the kitchen and saw Mrs Menzies there and the two accused. He had something to eat, and seeing a bottle of beer asked for a cupful, Needham givino, him one. After staying about a quarter of an hour in the kitchen, he went to his own room, the two accused accompanying him. He had on him then three £2O notes, one £lO, dve single notes, a, half-sovereign, and about IQs in silver. While in the room Needham suggested they should have more beer, and witness gave him 2s 6d to get it. Crimmins remained. Needham returned in about twenty minutes, bringing two bottles of beer. * Witness had a drink, and scon afterwards went to sleep. It was about a Quarter to six when Needham returned wiih the beer. Witness awoke about a quarter to ten, and lit the candle. He was still lying on the bed, and his right hand trousers pocket was inside out. The purse was alongside him on the bed empty, and the pocket was torn, the ‘ money being all gone. Witness got up, and complained to Mrs Menzies. There was no one in his room when he woke up. I He next saw the two accused the follow- > ing morning outside a hotel. Witness ■ spoke to them, and asked if they wen ■ going by the boat which was about tc

leave. A man named Stewart was with informant at the time. The accused replied that they were not going by the boat, and gave Stewart a shilling. Witness and Stewart went into the hotel. On coming out, he looked for accused, but could not see them. It was about half-past seven in the morniDg when he met accused, but he had previously complained to the police of his’loss. By Mr Lysnar: Witness got_ the £75 over a business transaction. Mr Lysnar : What business transac- ( tion ? Witness objected to the question, but the Bench ruled that it was a reasonable one. Informant then stated he had

obtained it in the way ot sporting on the totaSisator in Auckland at the Kllerslie and Takapuna races. He had live ticketon St. Ursula, winning ;£ll odd on each ticket. The rest of the money was his own savings, except a small dividend at Takapuna of £2 or A’b. He arrived, in Gisborne about seven months ago. He was drinking about town on Holiday and Tuesday, but not to any great extent. He took a little liquor, but not to the extent of causing him to lose his memory. Witness had about live drinks on the Monday, and a similar number on the Tuesday. He was a little the worse for liquor when he went to Mrs Meuzies. There was no other person in the bedroom but the accused. He may have exposed his money while paying for drink, but did not recollect telling anybody that he had £7u on him. Witness kept his own business to himself, and had the money on him during his residence in Gisborne. On one occasion before lie had been in the same state as on the Tuesday. He had been working ten weeks, and took a few days off to enjoy himself. When he asked accused whether they were going away, he could only swear that one answered.

Bv the Bench : 110 was sure that the purse had not been removed prior to going I into the bedroom. At !3 o'clock he went j outside, and particularly looked to sec how j his money stood. By Sergeant Siddells : When lie took j the 2s bd to give Needham for the beer, j he felt his purse in his pocket. , J allies Stewart, blacksmith, residing at j Mrs Men/.ies’ boardinghouse, deposed that he came to Gisborne on the Monday night mentioned, and slept at the British Empire Hotel. He met the informant, and had a drink. Informant showed witness a purse, in which were to be seen notes folded up. Witness met the two accused the same day. lie had not previously seen them. Ciiambus asked witness to lend him 10s, stating he had a paper authorising him to get money. Witness gave him Us, and Crinimins promised to repay it when he got money. At the invitation of the accused they went to the Gisborne Hotel, where they had drinks. Needham while there asked for the loan of a few shillings, and witness said he could not spare it. Witness then went home, and accused went away. He did not see either of them again that day, and went to bed early, about 7 o’clock. lie ' saw informant early next morning about j S. and went down to the wharf with him, meeting the two accused coming out of the hotel near tile wharf. Crinniiins asked how witness was, and he replied, "Not bad, but 1 could do with a drink.” Crinimins handed him a shilling to get the drink. Penk asked if the accused were going by the boat, and they both answered " No.” By Mr Bysnar : Informant showed him tiie purse at the British Umpire, but witness did not know wh,v lie showed it. Both answered together “ No ” that they were not going by the boat. By the police : When Peak showed the purse he was paying for drink. Isabella Menzies deposed she knew the accused slightly, and knew informant, first meeting them on the lUli iust. They arranged to stay till tiie following Monday morning, saying that they had brought a man from the bush to the Hospital with a broken leg. Vccused stated they were brothers. Witness detailed what happened in tiie kitchen. The informant was under the influence of drink, and wanted to go down town. Witness said he had better not go, as ho inight be run in. As Penk was a bit stubborn, she asked the two accused to take him to his room. Penk was occupying the room by himself. A little after six witness went on tiie verandah to sec if there was anybody waiting for tea. One of the accused was sitting on a chair. Accused had tea at her place ; she did not see them afterwards. She believed they had slept in tier house. They had paid witness, but had said nothing about going to Auckland. On the Wednesday morning she found two empty bottles in Punk's room.

By Mr L.ysnar : They loft the kitchen to go to the bedroom about a quarter to live, and stayed there till about six. Had seen Penk under the influence of drink before. Anybody could get into Penh's room from the verandah without witness noticing them. Informant had once or twice pulled out his purse when drunk, saying lie was not short of monev. By the police : He was muddled all day on Monday. When he went to his room on the Tuesday lie know what lie was about. Henry Martin, licensee ol the Gisborne Hotel, remembered the two accused and and Stewart coming into his hotel on the Tuesday. They had refreshments, Stewart paying. Margaret UTlourke, barmaid at the, Gisborne Hotel, stated that on the Tuesday the two accused were in the cardroom. Stewart was also there, but loft to go to Menzies’. Needham came in for two bottles of boor about half-past live. While accused were playing cards Criminins ordered the drinks. George Brown Oman, licensee of the Argyll Hotel, stated on the night of the 10th he saw accused in the hotel. They were singing, and witness told them that they would have to stop the noise or go out'. One of them said they were spending their "brass.” Witness also saw them on the day previous, and Crimmins asked him to trust him a few drinks, as lie had no money, but he was going to get some.

E. H. Mackey, licensee of the Turanganui Hotel, deposed that on Wednesday morning he had seen the accused at his hotel at about a quarter past seven. They called for two beers ; ho thought it was the smaller man (Criimnins) who called for the beers, which were paid for. They took the drinks along the passage way. The smaller man was carrying a little brown paper parcel. Shortly two other men came to the hotel, and they were supplied with liquor, lie could not say that he had seen Pcnk before that morning.

Detective Nixon deposed that on Wednesday morning at about a quarter to 8 he saw the accused in the cabin of the Waihi, which was about to leave the wharf with outward passengers for the Auckland steamer. He asked the smaller man his name. “ My name is Crimmins,” he replied. “ Are you going by the steamer to Auckland to-day?” witness asked. “Yes,” he replied. The oiler man on being asked said that his name was Johnson. Witness then told the men who he was, and said, “ I suspect you two men of having robbed a mau last night of £75 at Menzies’ hoarding-house. lam now going to take you ashore, as the steamer is about to leave, for the purpose of searching you.” Criimnins then took some silver out of his trousers’ pockets, which he counted : in all there was 225, in silver. “ Waerc did you get this money from '?” witness asked. He replied that it was part of the money he bad when he came to Gisborne. He had earned £2 10s at Mr Carroll's place at Wairoa, training horses, this being a portion of it; that he had been in Gisborne about three weeks. Witness told them that if they had any luggage or parcels they had better bring them ashore, as they would not be able to bring them by the steamer. Crimmoiid said, “ I have got nothing,” and pointing to Needham, said : “He was only seeing me off.” They then came ashore to the station, where he searched them. He found no money on Needham; the other man had 225. In consequence of enquiries he iiad made before seeing these men lie charged them with vagrancy. He had made search on the Waihi, in the vicinity of the wharf, and at the Turanganui Hotel for the brown paper parcel, but could not find it. That morning, at the request of Mr Lysnar, he had made a further search: he understood from the solicitor that one of the accused had indicated where the parcel was, but he could not fiud it there—he had previously made a search at the same place.

The accused reserved their defence, and were committed to take their trial at the next sitting of the Supreme Court.

Sergeant SiddeHs c-ked that in deciding bail His Worship would take into account that there was .£7-1 involved.

Mr Lysnar said that the men were strangers to the district, and he asked that the bail be not made prohibitive. The bail previously allowed would be reasonable.

His Worship said that he must make the bail substantial. It would be £IOO each, and two sureties of £IOO each.