SUPREME COURT.

Gisborne Times, Volume XXII, Issue 1745, 10 May 1906, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. (Boforo His Honor Mr Justioo Chapman.) ALLEGED THEFT.

Andrew MeKeown, Jolm Stovons, Thos O'Connor, and Goorga Haywood wero in dieted upon a charge of tin ft, Mr J. W. Nolan (Grown Prosecutor conducted the prosecution, and Mr 11. J Finn appealed for tho prisoners. The following jury was empanelled W. II Chrisp (foroman), G. Stevenson, J T. Witty, H. Craill, J. J. Ito'sbothsm, A 0 Goldsmith, T. GaHaway. R J. Jeune, 11, 0, Wood, J. S. Allen, H Id. Faram. Ham Yan, 'aundryman, from Wolling ton, slated that ho was living with Chun Poo. O.i tho iJOth January ho saw tho four accused. Slovens came in tnst, MeKeown and O'Connor following When they oamo in Chun Poo told them to go out, but thDy did not go. O'Connor produood a bottle, whioh ho oponod. Ho pourod out some boor in a tumbler aud ottered it to witness. Witness rofused, aud O’Conner drauk it himaolf and pourod out drinks for two of tho others. Ho did not notice wbother tho fourth man had a drink or no! Stovens then urked for some turnips, and tboy all wont outside. Sn yens paid for a hunch. O'Connor then took up a knife outsido and stood at tho door sharpening it. Stevens aud Hoywood stood on esch side of him and prevent'd tho Chinaman from going out. MeKeown went into witness’s room._ Witness and Chun Poo woro iu tho liScbon md tho throo men guarded the door, Witness wanted to get out, h iving asm the man go into his room. Witness had .'Otna money iu bis ooat, nod ho saw Mclvoown go aud move the coat. He again triad to got out, but was prevented. Ho had one lon pound note, one five, sis single cotes, and eleven sovereigns. He had all tho money in a handkerchief in bis inside ooat pocket. Ho saw MeKeown take out the handkerchief and go away. He tried to gat out sgain, but was still prevented. Stevens fallowed quickly arid the other two then followed slowly. _ As scon as they had gono w.toess wont into his room and looked at his coat. Ho found his monoy gono and gave chase. He overtook MeKeown and took hold of his coat. McKsowu struck him, and threw him dowD, and cleared out again. Witness followed him and caught hold of ! his coat agaiD. MeKeown called Stevens, and the latter pulled him away. They both struck him, and ho was thrown down. Ho did not remember how many times he was thrown down. They made oS again and witness got up and gave ohase ones more. MeKeown made his way back to the bouse, and waved for witness to come up. At the gate he threw down a handkerchief. Witness only had one hankerchief, bat when he picked up the handkerchief there wore two, a eolten one and a silk one. The one produced was his. It was the one the money had beeu folded in. MeKeown ran away again, and witness went after him. When ha overtook Me Keown, Stevens was with him again. He scied to get hold cf MeKeown, bob was prevented, so be gave a cry, and a Euro* pean came and stopped them. After the Europaan stopped MeKeown and Stevens the police arrived, and the two policemen, MeKeown, St9ven?, aud witness went back to the gardens together. They stood out» side the house, aod witness saw MeKeown go back to witness’ room. He tried to make the police understand that he wanted MoKeown’s pockels searched. Tae poliosman followed MeKeown into the room. The policeman came out with the money. He did not understand what the police said. He reoognised the knife pioduced. It belonged to Chan Poo, and was the one O’Connor had held in bis hand. The silk handkerchief produced was the one witness had picked up with his

By Mr Fidd : He did not remember ever seeing tbo aooused before, fie was not excited wben the men came iDto the kitcheD. He was excited when he found he had lo3t his money. He did not tell anyone the amount of monoy he had. He cold Chun Poo that he bad money, but not the amount. He could not see the whole room, but he could see of it. He saw accused move and search his coat. Chun Poo did not tell him that accused had gone into his room. He saw him go in. When witness went altar the men Chun Poo wont for the police. Heywood did no go

Iho Chinaman's place, and 1 alee witnogs i»w them ooiuing out again. Tho Chinaman was still running. aflor thorn and trying to ratoh hold of MoKoown, who knocked him down overy tirno ho oamo up to him. Thoy woro stopped by a man. Witness oamo up to them, and MoKoown a«kod witness to soaioh him, but witnoas replied that it was no business of his whether ho stole tho rnonoy or not. .Robert Davidson, oarpoutor, said he fa,v accused going down :u tho dirootionof (Continued on pago 4.)

iQto the hou*e. When tbe men were blocking the door and witness tried to got out, ho did not eay anything, but Chan Poo did. Witness oould not spe-k any English at all. When the po'ic-men and ihe accused cams back to the house the first person to enter witness’ room was McKeown. lie did no> know whether the policemen allowed McKeown to go into the room or not, but ha aaw him go in. Chun Poo, gardener, Btated that be had never seen the aocused before they came to bis place on the 30th January, He corroborated the previous witness’s Btatements in regard to what had transpired at tbe house. When aooused went into Ham Yau’s room ho saw him take down the ooat; he saw his hands moviog, and afterwards he saw a handkerchief in accused’s hand. McKoown then put down the coat and ran away. The other three followed. When they had gono witness told Ham Yaa to have a look at his coat, and then called out, "Now, we’ll go for them.” Witness went for tbe police. By Mr Finn: Whea McKaown went into Ham Yams room, Ham Yan and witness were standing at tbe door together. Ham Yan could see into the room from where he was standing. He thought all tbe accused were sober. He only saw one bottle. It contained bier. Margaret Bruoe, wifo of Wm. Brace, sheepfarmer, stated that there was a Chinese garden just opposite her residence, Witness had seen the aooused bafore. She notioed the tall man going about from the oart to tbe house. Then she heard a noise inside, and sat on the verandah and watched. Presently tbe four came out and went away, and the two Chinese followed, The smaller of the Chinamen followed McKeown, and tried to get hold of his ooat, MoKeown keeping him off with one hand and holding his coat with the other. They came baok, and McKeown went into the house. The oth r waited outside. The Chinaman was still after ihem. The two men ran away, again the Chinaman following. They weot out of witness's s'ght, and she next saw them oomiDg back with the police. By Mr Finn : Witness could not eee the door from where she was standing. The men did not appear to bo drunk. Albert E ast, oarpsnter, sla’ed that he saw the four accused leaving Chun Poo’b house on the 30th January. Ham Yan followed McKeown and Stevens. When they got to Palmerston road McKeown knockid the Chinamsq dowo, and then Slovens hit him They wont round by the hospital, and turned down towards the Cbioomau’d again He did cot see any moro of them. By Mr Finn : There would bo about three mioutes between the t mo that Chun Poo and Ham Yan left the place. Charles Taylor, brioklayer, stated be saw the four accused going in the direction of the Chinomtn’fl garden on the 30,h January, He saw thorn again about half an hour later going in the opposite direction. Ho saw Ham Yan trying to catch hold of MoKeown, and Ihe latter was pushing him off and pretending to hit him. They wont out of sight, and he did Dot see them until they cams back with the police. By Mr Finn : Ho could not say that they were under the influence of drink. It would bo about 200 yards from the gardons that bo saw the moD, McKeown aod O'Connor bring in frerr. . Charles Louie, baker, slated that he saw O'Cjnnor and MoKeown in D sraeli street on tbe day mentioned. Ham Yan was trying to stop McKeown, who pushed him off every tm3 he came up to him. Ham Yan followed accused up Palmerston road. The other two accusad went across Palmerston road, and O'Cnnnor wont over to them, and witness heard him say, "Are you going to die on it ?” The three then followed -MoKeown and the Chinaman. Witness beard O’Connor advising McKeown to "clotch” the Chinam By Mr Finn ; When he fir.-’ accused they would bo about a i Palmerston road. Benjimin Sutlon, carrior, km aceusod by eight. Ho saw them i.-- Roebuck road on January 30:b. MoKeown was being foliovvtd by Ham Yan. S ovens was following also. They went around to