LIQOUR-AND A LAPSE.

Gisborne Times, Volume XXXIIII, Issue 3626, 12 September 1912, Page 3

LIQOUR-AND A LAPSE.

MAN CHARGED WITH STEALING AN UMBRELLA.

A young and respectably dressed mail named Charles Minnis, was charged before Mr. W. A. Barton, K.M., yesterday, with having stolen an umbrella from the Cosmopolitan Club, on September 4, valued at 2-js, the property of Arthur Sawyer.

Hr. Barnard appeared for accused, ■who pleach'd hot guilty. Detective Mitchell prosecuted.

Arthur Sawyer, carrier, gave evidence regarding the leaving of the umbrella, produced, at the Cosmopolitan Club on the date of the alleged theft.

To Mr. Barnard: He did not know of anything against accused's previous rim rarter, and. did not think it excusable for ,■) man to take an umbrella by mistake because lie had « few drinks in. He would not be surprised at one umbrella being taken when two wore in the stand, and did not know that accused was in the habit of carrying an umbrella. James Alexander Micholl deposed to having seen accused at the Club on the date in question, and that ho went into the secretary’s office. Accused had had soma drink. He could not sav whether accused was a member of the club. Arthur Scalev, club steward, stated that he saw accused at the bar on tlie night in question, and he was then sober. Detective Mitchell said tliat at 11 a.m. on the (>th instant, lie saw accused in Gladstone Bond and told him he was suspected of the theit. W itness told accused that lie was going to s 'arch his hut. and accused replied. "Well, 1 have got a hern-hand-led umbrella there and I do not know where 1 got it from."’ Accused took the umbrella produced from under a coat hanging on the wall. V\ hen charged, a-cusod said, ••[ took it. but must have been drunk." There were two other umbrellas in the hut. a lady's and a gent's. To Mr Barnard : He knew that accused was susceptible to the drink habit and had been locked up and convicted twice for drunkenness. Mr Barnard said the defence was that it was not a case of theit, tor accused did not intend to permanently deprive the owner of it. lie was under the influence of drink and took the umbrella in a moment of temporary abstraction. Furthermore _ the umbrella had not been properly identified. Counsel referred to accused’s past- good character and that his employment was of the class where honesty was an essential. Accused always carried an umbrella and, being under the influence, he might easily have picked another one tip. R. \V. Ivy me, manager for Macky, Logan and Coy., said he had known accused for six yea Vs and lor four years ho had been employed as the krm’s carter. Accused had proved himself reliable and witness believed him to be thoroughly honest in every respect. Thomas C. Dorn, blacksmith, deposed as to accused's good character, stating that he had known lutn for six years as perfectly honest. Witness knew that accused often carried an umbrella. George Williams, who employed accused for two and a-liali years, bore testimony to bis strict .honesty. Joseph John Martin, publican, said be bad known incensed for some considerable tinje and knew him to be an honest man. —Joseph .Francis gave (similar evidence. His Worship reviewed..the fa ts and expressed the opinion that, accused had taken the umbrella while under the influence of liquor, making the mistake later of not making inquiries as to where he got it. His W orship admonished accused and advised him to keep off liquor, which was responsible for accused’s present position. Otherwise, he would find himself in for serious trouble. Accused would he discharged and an order made for a return of flic umbrella to Mr-Sawyor.