A MAORI’S LOSS

Gisborne Times, Volume LXII, Issue 10039, 16 June 1925, Page 7

A MAORI’S LOSS

ALLEGED THEFT FROM NATIVE

SECOND TRIAL OF CHILC'OTT,

JURY AGAIN DISAGREE

Tho second trial was commenced in the Supremo Court' yesterday, bcloro His Honor Mr Justice Ostler, and a jury of twelve, of Frederick C'hilcott, charged with the theft, or alternatively of receiving, £75 from the person of a native named Wiremu Te Rau, on December 15. 1924.. The other alleged accomplice in tho crime, Peter Nor berg, was not present, and the Crown Prosecutor intimated that he N had received copies of medical certificates from the Pukcora Sanatorium, where Norberg was an inmate, stating that he was not in a fit condition to attend the Court proceedings. He therefore asked that the case against Norberg bo stood over until next session.

His Honor granted the adjournment accordingly. The Crown Prosecutor (Mr. F. AA 7 . Nolau) appeared for tho police, and Mr 11. 13. Hill represented the accused, who pleaded not guilty. The jury empanelled was as follows: Alexander L. Campbell (foreman). Tlricli Patterson (jmi.), Ernest Ca’cott, Walter H. Ellis. James Dow. 3? nice Scott, John Morrow, H” role! W. Black, Henry Shone, Owen Pnltridee, AYm. C. Smith, Hugh Shields. The Crown Prosecutor stated that Chihott was charged on two counts, •first of stealing £75 from tho person of AA'iromu To Ran, and alternately of receiving the money, kriowunr fiat ir. bad been dishonestly obtained. Counsel then proceeded to outline tho evidence, which would bo offered in sunnort of the case for the Crown. AY’iomu Te Ran, a native employed bv Yr Tiarns-Graham. of EVngaroa, stated that lie came to Gisborne on December 15, having then £26 m his ncssession in his purse. AA'hdo in town lie received a £SO cheque from Al> Bams-Grahnin, which he was holrliii<r for himself. Ids wife and others. Later in the day be visited the Coronation Hotel and tendered the cheque in payment for drinks, tins l'obig changed by the porter at tlm bank, and four £lO notes, one £5 and four £1 notes, a 10s note, and tin' remainder in silver returned to him. After walking the streets for some time, lie called at the British Empire, where he mot a friend named Koro. with whom be had one drink. He and K>ro then vis'tad +llO Mes»nm Hoteb where they further unVhed and Inter witness went for lunch. Between 2 and 3 p.m. he -returned to the Civonat’on Hotel and bad another drink, bid bis money was st' ; ll in Ids socket then. H" Alien seemed to *nse bis sens°s and fell ofl Hie seat-. Ho recalled T \nro attempting to wake him up. hut could not do so, and when ho clad come to bis senses, be discovered lie was >n the b’vatorv at the rear of the nremises. When bo <mt outside be foH for b’s purse, but th’s as well as tbp monev was gone. He bad been hUdum the monev for division among fbe .sheering jrnmr who were coir, mg into town .afternoon. Ho did net. know Chileott before the proceed mgs were i wnmen'-ed and d'd not remember givuijf bun anv monev. r ; ross-ex ! 'mined by Mr LT’U. witness said tbnt the two Maoris v.utb b'in •when he cashed the cheque in the Coronation bar were nractienllv unknown to him. but he left them in tho bar.

Nlr Hi’l: Tl l ev saw yon cash the c I'p-nno ? —Vos. r>'d yon have lunch on your own ? —i Vo-.. Where tl’cl you meet Koro ?—Til the British "Empire. Was he hi tlio bar?—Nr. T met. him outside and we went in for a drink. Is Koro a friend of yours?— Not particularly. You told us at the bast trial that you had no friends when you went hack to the- Coronation ? : —Kero and I separated at the Mason.e; I. went to the Coronation.

' Did you go by yourself?—As far as I know.

Well the barman says you had a mate with you?—l don’t know. While in the Coronation I lost my senses.

Further questioned, w’tuess recalled asking for a drink, but lie could not remember Chilcott ar.d Xorberg lining in the bar. Nor could be recollect being sick and taken outside. His Honor: Did you meet the two Maoris who were with you when you cashed the cheque in the morning?— No.

Air Hill: Is your mine! a blank after having the soft drink in the Coronation bar in the afternoon until you woke up about 6 o’clock in the evening?—Yes. It was about 6 p.m. when Koro tried to wake you?—Yes.

And when you did wake up your purse was gone?-Y r cs. If Chilcott says he played pitch and toss with you in the- Coronation yard you can’t contradict him?—l don’t know anything about that. Have you ever seen Koro since he tried to wake von?—No.

Would you know him again?—-iOIi, yes.

Re-examined by Mr. Nolan, .wit- j lioss said that ho did not recollect j anything oftor he had the soft drink in the Coronation Hotel until he woke up in the lavatory. Elizabeth McFarlnr.e. barmaid in the 'Coronation Hotel, recalled. To Ran coming into the bar with two other natives and culling for drinks, for which lie pn : d in cash and then tendered the £SO eheqim in payment for the third “spot.” The porter changed the cheque at the hank and the change was returned to him in notes of big donommotions. She later met Te lla u in the yard after 6 o’clock, i when lie told her he had been very seek, and was looking for his hat. “How did you get on with all your money,” she asked, and Te Ran reeked “I’ve 'nst the lost.” Mr. H : !l: Wou'd you know the two men who were w'th Te Ran when he cashed the cheque?—J would one again. Mr. Hi'! asked that Koro should bo brought in to ascertain if he was one of i!ie men hut the wd.ncss said s!ic would not swear to his identity. Tommv Ward, nortor, at the Coronation Hotel at the time, testified regarding the changing of the cheque, j at the Rank. Leonard McMahon, barman m the Coronation Hotel stated that he was on duty on the afternoon of December 15, when Te Ran and another Maori came in, the former calling for a shandv, which he refused as he considered the Maori had had enough liquor. He gave To Rail n- ginger ale and soda. Chi’cott and Norberg were in the bar at the time, hut were four nr five yards away from the two Maoris. However they were near enough to overhear lvs urging Tc Ran to get out. When ho went to serve some other customers. Nor berg d'sat: pen red with Te Ran ar.d the othoi Maori and OlrleMt followed. To Mr Hill: He could not definitely identify the Maori who was with Te Ran, who seemed to he more sick than drunk. . Koro Nepia, laborer, livmg at Puntai, stntod that ho mot To Han in town about ni'ddav at tlm Coronation Hotel and wont into the public, l,ar, where Chilcott and Norberg wero also. To Ran was drunk at the time, and although they had a. drink together lie did not remember what To Ran had. Te Ran went to the rear of the premises. Ohi'cott and Norberg following lnm out, witness staying in the bar for about five minutes later. He then went out to look for Te Ran. who was lying m the lavatory half asleep. Witness tried to rouse Te Rau to come away with him, but there was no chanco of rousing him. There was no sign of Ohileott and Norberg nor did he see To Rau and these men tossmg the coin. He dkl not take charge of le Rau’s money.

His Honor: Did you know Te Rail J ] U id t'he large amount of money on him?—No. Mr. Hi.ll: Where did you meet Te 11,au?—At the Coronation Hotel. In the bar?—No, outside.

Thomas Ernest Wbitjield, of the firm of Whitfield and Kennedy, tailors, stated Chilcott came in about 5 o’clock on December 15 and ordered a suit of clothes, paying a £lO note in advance. The following day he paid the note with other money to the firm’s credit at the National Bank, this l>eing the only £lO note in the lodgment. He was later informed that the note had been stolen. The following evening Chilcott came in for a “try on,’’ and was told that the £lO note was one that had been stolen, and he could not go on with the suit under the circumstances. Chilcott remarked: “I’ll see you about it later on.” and left the shop. James G. Crooks, teller, at the National Bank, recalled receiving a deposit from Mr. Whitfield shortly after 10 n.m. on December 16, the lodgment of £55. including one £lO note which was-sent to Mr. Son!., of the Bank of Australasia.

Alfred Edward Soal, tel'cr, of the Bank of Australasia, testified that ho cashed a, cheque for £SO, handed Inin bv the porter of the Coronation Hotel. He took the numbers of the five £lO notes lie issued. When lie was' not‘fil'd that the notes had been lost be received .two, one from the Coronation Hotel, and the other from the National Bank.

His Honor: Arc those the only notes that have turned up?-—Yes, tliq only ones that have come to the banks in Gisborne. Constable Brown stated that whi’e Ik> was on watollhouse duty on December ID. Chilcott had been remanded and was wait’ng in the station waiting to be taken to the gaol. Tn conversation Clulcott said: “1 am net going to take the blame of this job oil rny shoulders. I would have been a fool to put a £lO note on to a tailor if J had sto’on them. It is quite enough for a man to shoulder IBs own responsibilities without-other people’s, I took the blame for a job, in 191.8 which f did not do. .If T could find the Maori that was there at the time I could prove that it was not me that d : d the job but Norhersr.” The statement was made voluntarily. Detective McLeod gave evidence concerning Chileott’s refusal when questioned, to give any in formation concerning the £lO note tin'd by Ivm to Mr. Whitfield, and of his subsequent arrest. Prior to tins he had combed the town and searched Chi 7 - cott’s house, and his wi f e said that she did not. know where lie was For the defence, Mr. Hid said that the only evidence against the accused was that- be was in possess or! of a £lO note wldeli be’onged to Te Ban. Chilcott would, frankly admit tins and give a perfectly reasonable explanation that be and Xorberg bad been p!nv!ng pitch and toss with Te Ban a - 1 d had won among other money the £lO note. The Maori was drunk and so was Chi’cott and Xorberg, and if be could satisfy them be came by the monev honestly then the whole case for the Crown co’inpscd. Frederick Clrh-ott. laborer, at the gas works, su’d that lie and Norlverg bad been “on the spree” in the liiqrn- : ng on a tour of the hotels. AA ink' ho and Norborg wore in the Coronat:o:i Hotel To Ban and another Maori, who was not Korn, came into the bar. Te Rail invited them to drink, but the barman refused to give him liquor and (Espoused a soft drink. Xorberg and Te Bau’s 'friend took Te Ban outside.

His Honor: Why dd Norborg go out; did ho know him? —I don’t knew.

He then went out and found the Maori and Xorberg tossjug a threepenny piece, and lie joined in the game. Bv this time Xorberg left. His Honor: Did Xorberg w : n an., tiling?—l don’t know; he just wo. something and left. Continuing, witness said that be won £l4 and then the Maori suggested. knocking off because be was a Irani of the police. They then went to the Masonic for a clr’nk. His Honor; Were there many in the bar?—>Ycs. Who was serving, a man or a woman?— A man.

Didn’t you go back and ask the barman if he served you and two Maoris on December 15?—No. Why r.ot; one would expect that if your story is true?—T don't know. Further witness sad that lie mot W’h'tfic-d and paid him GlO on account for a suit.

H : s Honor: Did you cn'l in at. Whitfield and Kennedy’s shop next morning ?—A’os. And didn’t Air. Whitfield say the money was stolen and you replied. “I’ll see von again?”—Something ldm that.

Didn’t you resent the imputation and say you won it in a fair gamine? —No.

Cross-exam : ncd bv Air. Nolan, witness admitted that he might have made a- mistake that it was Ivqro that came into the Coronation with Te Ban.

H's Honor: If you are not mistaken then Koro must he lying?—No: I don’t say that. Questioned further, witness said that Te Ban and Xorberg were tossing and the other native was looking on" After one toss, the native handed something to Xorberg. who .oft without speaking te witness. He pa’d over £1 each time he lost. Mr. Nolan: How much money did yon have?—£s or £6. You were in Tegular work?—l had just com'' in from the hush. Yon did not owe vour landlord?— No. he was paid in full. When you lost you paid £1 over to the Maori ? —Yes. What happened when the Maori didn’t have any more £1 notes to pay?—Ho said “T haven’t got any more change; it will be a-’l right.’

His Honor: “Did you ina>> any arrangement for him to pay?-—Yes ; the Maor only went to £lO and I was to pay £2 in change. Did von do so?—J must- have.

Have, von ever in Conn or out rsa-'d flint von paid the Maori change? iX'o T don’t t.lrnk I have. His Honor: Where did the Maori get In’s money from?—T. don’t know. From his purse?—l didn’t take much notice: I think he got it from his pocket. . How long were von tossing with the ‘Maori after Xorberg left?—About 20 minutes. . , _ _ Ar.d the Maori was with Te Ban all the t : me ? —Yes. Koro has said that he waited five minutes after To Ban went out and then followed and found Te Bau lying in the lavatory. Can you exp nin that in view of your statement you were playing 20 nrnutes?—lt was fully 20 minutes. Didn’t it occur to you to tell the detective you had won the money in a gamble?—No. Or to say that to Mr. AYhitfielcl either?—No. Xorberg was arrested some tune after you?—Yes. And von and Xorberg wore tried in the Lower Court when lie put up the tale about tossing the coin?—AMs. Dal you say to Constalde Brown flint if you could find the Maori you coud prove it was Xorberg who did it and-not you? His Honor: Then the constable’s evidence is untrue?—X T o, ho made a mistake. Mr. Nolan: What did you say to Constable Brown?—l said that if I could find a certain Maori I could prove that Xorberg won tho money as well as I. If your landlord says that you owed him £8 and this has not yet been paid?—l can prove I paid ; t before this proceedings came on. I have the receipt at home. Recalled, Mr. McMahon stated that he came on duty at 1.60 p.m. on December 15.

Mr. Hill suggested that tho case for the Crown and tho defence hinged on tho £lO traced to Chi'cott. was it honestly or dishonestly obtained. If they decided that the £lO was honestly hue foolishly obtained, then Chilcott was entitled to an acquittal. There was no evidence to show that Chilcott ever had £75. Tho Maori, Chilcott and Xorberg were also under the influence of drink, and it was not reasonable they should give a coherent story of every detail.' AA'liat evidence had the Crown offered to show how Chilcott obtained the £lo' note? The only evidence was the story to'd by Chilcott himself; the whole case ‘for the Crown rested on suspicion. Tho story told by 'Chilcott was that lie played “pitch and toss” and won the money. Koro fully contradicted Te Ban on the time when they wore in the Coronation, hut it was established that Te Ban went outside about 3 o’clock and was insensible until 6 o’c’ock. There was ample time for a game of this nature, ar.d was it possible that other Maoris who knew that Te Bail had a large sum of money on him, were in tho vicinity when the game was in progress? There was no point in tho assertion that Te Ban was so drunk that lie did not remember anything of the game of pitch and toss; it was often established that men acted and talked quite rationally under the influence of drink. There were marked discrepancies in the evidence of Koro and To Ran which wore important in weighing up the testimony of Koro. Much had been made of the fact that Chilcott had refused to say where lie obtained the £lO note when questioned by the detective, hut when sought by the pol’co a mail often boc’mo flustered and was afraid of the no’ice and kept his own counsel until lie was in court, which ho was justly entitled to do. Counsel submitted that the statement to Constable Bi-own was easily explainable in view of Chdcott’s excited condition in which lie did not weigh liis words. They had to deckle whether Chilcott committed- a criminal act and not whether lie did a- dishonorable act to a drunken Maori, r Air. Nolan said that if the Crown showed that the money was taken from one person ar.d definitely traced to another’s possession, it was for that man to show that he came bv the money honestly. The chain of evidence for the Crown case was completed by tracing the £lO note definitely from the hank to Te Ban aid then to ('h’h-ott. There wore marked, inconsistencies in Chilcott’s evidence. • the first imuortant point bo big bis denial that Koto was tne nat’ve w : th Te Bau. If Chilcott’s evidence was to he of any value he had to make this denial, otherwise ho would he undermining his own. evidence. It was assorted that Koro had Found Te Ban Iv'ivr half asleep in the lavatory. Could tbev believe that later To Ban e-ole up. played “n’toh and toss” ar.d llu'u subsided to sleep again until 6 o’clock? The siorv was too thin. Then again when CiuVott v'Ctc-d the tailor’s tlm second tunc and was told that the £lO note he had rt'evious’y r-a’d was st-dini and no r-on’it''’ that he would see Mr. AA’h tf- ld aga'n. hut need ’ess to say he did not do so. •Agehi Detective McLeod had given him an opportunity of explaining how lie came by the money. hut he dal not. do so. and it .was not until Norborg came before the court that the siorv of the game of “pitch and tors” was first heard of. IT is. Honor su'd that there were two alternative charges against C'hilcolt of stcalhia £75 or of receiving the money, and they nvglit bring him in guilty on e’thcr charge. The reason that Xorberg was not hc’r-g tried was that he was ill and con'd not stand •ids trial at present so Chilcott,’s' trial was he : ng proceeded with. The case was Amnio. At midday on December 15. Te Bau had £75 in Irs pocket. They nvglit not behove lie had the £25 10s hut at any rate there was ample corroboration that there was <MD 10s in his possession. It was clear that Te Ban and Koro entered the Coronation, the former had a drink and from that time his mind was a. blank. H’s monev could have boon lost or stolen by anyone during that time. The barman missed Te Ran. Chi'cott and Xorberg a'-out the same time and within two hours Chd-r-ott presented one of the C!i) notes at a tailors. Thntwns stolen property and. in the absence of an cvnlanaCon the jury was entitled to behove t »ns stolen and to convict. AA hen Chilcott ca’lc-d hack at the la dors he offered no exp’anation when told tho note was to’en. AYhnt would they have done if they were in Hie same position as accused? Was his attitude consistent of that of an

honest mini? AA hen cjuest'om-d hv the detective surely the attitude of

:>n lie?nest man would be l:o explain his Hein" in.possession oi : the money, hut Ch’leott did not and refused to sov anythin". Then there was the e valence of Constable Brown concernin'! the conversation with Ch'leott to which they could attach what weight they liked. This man. of eoiise, had more reason to throw dust in your eyes than the constable; lie doesn't on re tuppence. Then 'there was Chil-cot-t’s explanation of how he came hy the money, hut they would to nnestion.themselves as to whether they behoved that To Ban would Fnr•ret evervthinp; about nlaying with Chilcott 'if the accused's story was rn he believed. It was ior decide whether the story 0f.,.- Cfnleott’s about- pin yin" “p'tch and toss ’ was to he believed and that he won Hie money off the Maori. li they he-. Ueved it, then he was entitled to an acqirtta.l. .But if on the ether hand- they disbelieved the +fde •s being coherently impossible, then they shou’d convict him. _ ’ , The. jury retired to consider their verdict at 4.50 p.m. ?■ The jury returnee 1 at the end of '’on r hours' and stated that they could not agree. \ A re-trial was ordered to take pi aye nt the next sitting of the Court.