MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2120, 20 February 1908, Page 1

MAGISTERIAL.

AVEDNISSDAV, FEiBRUARY 1!). (Before All' W. A. Barton, S.M.) ALLEGED THEFT. Daisy Siiunu'lliag and Alimiio McNeil, alias Wolfe, wore charged with having stplen from Samuel OharJes Goldsmith a rolled gold watch and a hookin'ileer’s dividend ticket entitling the holder to a payment of .Cl). Air T. Alston Coleman represented accused and Detective Maddern condnoted the prosecution. Samuel Charles Goldsmith said lie saw accused on tllie second day oil' llie Gisborne Racing Club’s races. Had never previously (seen them. Was present when the bookmaker Clegg gave his evidence. Dealt with Clegg on the fourth race, 'backing Choddite. Clegg gave 2to I odds. Clave Clegg £3, and got a ticket worth £9 if the horse won. 'Die horse did win. Up to the time of receiving the ticket had not seen either of Hie accused. After lnaking the bet went- to Mr McKenzie's buggy to have some refreshments. Oil arrival sww the two accused there and after having a drink entered into conversation with accused. dll the presence of accused McKenzie asked witness if he had a hot on the race and witness said ho had, but could not sav what horse lie had backed. He nut Ills hand into the inside breast-pocket of his coat and brought all -the papers therein ifor the purpose of finding the bookmaker’s ticket. As soon as

he pulled the papers out they 'wore snatched by one of the .'women—-he thought it was Simmelhag. Tin; papers were returned, hut the ticket was missing. Asked for It, hut Nimrnelhag said she would look alter it. Left accused at the buggy and went oil the lawn, hound that Choddite had won. and went hack to find accused, hut it was a quarter ot an hour before he saw them. Asked thorn for the money they had drawn from Clegg. One of them asked witness who he was. Witness said ho owned tho ticket on which they Hi ad just drawn money, hut accused denied all knowledge of linn. .Before speaking to accused had ascertained that his ticket had been paid out on. Was quite sober when he arrived at McKenzie's buggy. His conversation with accused took place near the grandstand. After denying knowledge of witness accused walked across the lawn to the saddling paddock, witness following them. Hero witness asked that a portion of the money be 'returned if accused could not return '.ill. Accused again douied that they knew witness. Then

accused left the lawn"and went over to where the buggies usually stand. Reported his loss to the police while accused were near the saddling paddock. Followed 'licensed, who proceeded to a certain buggy. Overtook one of accused and again asked for portion of the money. Accused said she could not 'return the money as her mate had it. Then pulled oiit his watch, to which no chain was attached, and looked at the time, saying lie wished to get back to the grandstand to make more bets. One of accused the watch from witness’s hand, saying tint it was about time witness returned the watch which she bad lent him on the previous day. Had paid £6 for the watch. Neither of the accused 'had' any right or interest in the watch or the -ticket. After the watch was snatched, accused left the course in a buggv. Thought there was somebody'driving them. About an hour after accused left tho course, reported the matter to Detective Aladdern.—By Mr Coleman: After the the race won by Clieddite did not go up to Olegg in the company of two ladies and'sneak with-him, and at no time during the day did (lie do so. There were a good many people •about when the watch was snatched. Onlv made reference to his loss to one by-standr. After backing Clieddite went over to Dugald McKenzie's buggy. Tho party consisted only of witness, McKenzie, one of his friends and the accused. Had no drink that day before hacking Clieddite. At McKenzie’s buggy had two or three drinks of whisky. Had no more drink before tho watch was taken. Knew practically nobody on the racecourse. Was quite sure accused were the parties who had stolen the ticket and the watch. Constable McPherson said that o tho day in question Goldsmith mad a complaint that a ticket valued a £9 had been stolen from him. Goldsmith said fie did not know when they were but would find them. He later pointed out accused to witness. Accosted them and asked them who they had done with the ticket take from Goldsmith. Accused said Goldsmith was mad or drunk, and that they had never seen him before. One of them went towards a trap and ask-, ed witness to have a drink, which he refused. 'Soon afterwards accused left the casrse, driven by a man. — By Mr Coleman : Goldsmith was near when accused started off in their trap. Was close to Goldsmith. Did not see a watch being snatched. Would have seen it if it had occurred. Goldsmith was slightly under the influence of liquor but knew what he was talking about. Three minutes after accused left the course Goldsmith reported the loss of the watch. Detective A Ladd ern stated that on February 7th lie saw the two accused and Goldsmith returning up the lawn from tho vicinity of the bookmakers just when the fifth race was to be run. Both accused -were slightly

under itlio influence of -liquor, accused •Simmeili'U? falling down twice on the lawn. Simmelhag had a handful of notes in her right hand. -She hacked up against a fence, pulled her dress 'above" her knee and pint the notes down her right stocking. Then a ecu seel walked "towards the saddling paddock, Goldsmith following. They walked out of the lawn, and went to >a trap near the Childer’s road entrance to the "course. They were at the trail for about -a quarter of an hour, and then got into the trap with some man and drove off the course towards town. Went to look for Goldsmith. Found him and saw ho was under the influence of drink, but he know perfectly well what lie unis doing. Arrested accused at 9 o’clock tiie same evening. AfcAed said Daisy had a watch which she said Goldsmith had given her. >Sn»niolliag denied McNeil’s remarks about the watch. Accused were searched but only a small amount in silver was found on them. - An adjournment was granted tdl 2 p.m. oil the following day to enable Dugald -McKenzie’« evidence to be procured. ALLEGED OBSTRUCTION OF THE POLICE. James do Lacey was charged with having obstructed m police conntahie in the execution of his duty. Mr L. Alston Coleman appeared for accused, and Sergt. Williams conducted the prosecution.

Constable Pratt gave evidence that at '.about 5..‘50 p.m. on llie previous day ho saw 'accused coining along Lowo istreet urni-in-arni with Minnie Green who was very drunk. ,Belli woro rolling from side to side of the footpath. Asked accused whore he was taking the woman. Ho replied that it was none of his (witness’s) business—lie was taking her homo. Said Green was not bis wife. Then witness arrested Green and asked accused to let go, which he refused. Told accused he would be arrested for obstruction, and pulled him away from Green, who fell on her knees, being very drunk. Was obliged to leave accused while ho locked up Green. Thun returned to the Gisborne Hotel .in company with Constable Irwin, and found accused in the private bar. Witness asked accused to coinc ontsido and speak with him, but accused said ho would have a drink before lie went out. Forcibly put accused out of the hotel, and then locked him up.—By Air Coleman: Tho first conversation with accused lasted about live minutes. When accused said 'lie was taking Green home witness did not throw accused into the road. When accused was pulled away from Green llie did not fall down. For the defence accused, sworn, said be was a sawyer residing at Tokomaru. Was in Lowe street on ‘the previous day about 5.30 p.m, A woman came along in a drunken condition ydm seemed unable to look after herself. Baid 'lie would soo her across the road. Took her arm and started lo escort lier down the left side of Lowe street. Opposite the Gisborne Hotel met the constable who asked where lie was going. Accused said ho was taking the lady home. Tho constable said he would arrest tile lady, and catching witness by the collar of his coat threw him into the middle of the road. His hat came off as a result. Ho picked up his hat and walked into tho Gisborne hotel. —By Sergt. Williams: When Jie was

asked in the station if lie had been drinking lie replied that he had been drinking a few weeks ago. Did not say to tlie iS'ergeant that he could not sign ibis property-sheet owing to having had too much liquor that day. Henry Denton, horse-trainer, said ho saw accused in Lowe Street on the previous day. Was standing on the .Masonic Hotel corner. Saw Green being arrested. Could not luar what was said. By h:s attitude could not see .that accused was resisting. The constable did not touch Green before he threw accused .into the road. After this the woman was arrested.—By Sergt. Williams: Watched accused from the time lie left the Alasonic corner until he was thrown into the road. • Edward Atmorc, insurance inspector, said lie saw accused on the previous evening ,in Lowe street in "company 'with Green. Had a good view oi : tho occurrence. The constable did not touch Green before lie

threw accused away. Grahanie Johnstone, agent, Gisborne, said lie saw accused on the previous evening near the alleyway leading to the Masonic Hotel yard, lie was with Green, and they walked down to near the Horse Bazaar. The constable came round the corner bolow. lie came past accused and then turned back. He did not touch Green before handling accused. Hugh Seymour said that on Hie firevious evening he was,, standing in lie middle ot Lowe street opposite Messrs Williams and Slierrutt’s new building. Saw accused walking down with Green. The constable threw accused down and then caught hold ot the woman. The S.M. said there was not snihciont evidence to convict on the present charge and the charge would be dismissed.

' DRUNKENNEBS. Ernest Alvei',s was fined 10s, with costs 2s. Ada Miller, alias Ada Hansen, was lined £l, with costs 2s, in default four days’ imprisonment. Minnie Green was lined £2, wvtn costs 2s, in default seven days imprisonment. PROHIBITION ORDERiS. Two prohibition orders were granted.