“BATHROOM STAKES.”

Gisborne Times, Volume LXVII, Issue 10508, 11 February 1928, Page 2

“BATHROOM STAKES.”

A STRANGER HAS A -WIN.” STORY OF STOLEN £2O. The sight oi lour - fivers” lying on the floor of the \ orona hoardinghouse, where lie stayed on the night or February 2, was too great a temptation lor a middle aged man, 1* rands Michael Hayes, considering his penurious position. He gathered the money in and departed and later handed, a “fiver” to his mate, James William Alcßrearty.

The sequel was heard by Mr E. C. Levvey, S.M., in the. Police. Court yesterday when Hayes stood in the dock on a charge of theft of £2O, the property oi Alary Ingram, and AlcBreartv was accused of having received ’£s of the money, knowing it to have been dishonestly obtained. The theft of the money was admitted by Hayes. The charge of receiving, however, was denied by AlcBrearty, who was defended by Mr ,T. S. AVauehop. Explaining the facts, Senr-Sergt. Alt-Lean stated that Hayes had spent the night of February 2 at. the Verona boardinghouse and whilst there had entered a boarder’s room through tilt* bathroom and stole £2O. He was arrested later by Constable King, to whom he handed over £ls, saying that he had earned it at AYaikareinoana. AY hen the same constable subsequently apprehended AlcBrearty, the latter had £4 10s in his possession, and declared it was part, of his earnings at Waikaremoana. Whilst at the Police Station AlcBrearty then asked if lie were going to he arrested, stating that he knew there was trouble about the money. Constable King gave evidence oi having interviewed Hayes, who, on the way to the Police Station, asserted that Mcßrearty had given him tinmoney, following upon his having a good win at the AY'airoa races. On the other hand Alcßrearty, when interviewed, declared that Hayes had given him the money he had in his possession and stated that he had changed the “fiver” for a man ai Frasertown.

Senr-Sergt. Ale-Lean gave corroborative evidence, stating that Hayes stated Alcßrearty had had a good win at the races.

The Alagistrate : In the “Bathroom Stakes.” —(La lighter;. Constable Lcckie stated that he had seen the two men drinking together in town about Christinas, and they had left together about January 10 or 12, and he saw them returning with tlieir swags. For the defence, Air Wauchop stated that the two men had gone to Waikaremoana in search oi work, but failed to find it, and returned to town. At that time each had a little money and, they separated, arid on the night of February 2nd Hayes stayed at the Verona boardinghouse, whilst Alcßrearty stayed at Alakarnka. When they met accidentally the following morning Haves handed his companion a “fiver” and, when questioned where lie got the money, said he had had a bit of a win and told his companion to shut up. Hayes gave evidence as to his staying at the haardinghouse, and on visiting the bathroom tile following morning and finding lour five pound notes on the floor, which he took. He also stated that there was a wallet on the shelf aove, but he did not touch that. The Alagistrate: Like rose petals strewn on the bathroom floor.”— (Laughter.) ('outinning, Hayes declared that he had gi'ven his companion one ol the •‘livers” tile, following morning, telling him lie had had a win, but did not disclose where lie obtained the money. The reason lie gave the false information to the police was to get his companion out of a hole. Alcßrearty deposed to receiving the money from Hayes, and on asking where lie got the money was told lie had had a win, and to shut up. lie declared that lie had slept at Alakaralui on Anniversary night, and denied that he was ever roaming round Whatanpoko then, though he admitted being there very early in the morning. The Alagistrate informed Aleßrearty that lie intended treating him as practically a first offendei. There was no doubt that lie had been a silly fool, and he intended giving him the" benefit of the small doubt, there was in his mind. He warned -accused, however, that if lie came before the court again with any more ol such stories, ho might not find anyone to listen to them as lie had done. Ho had better get out of town and look tor work. On behalf of Hayes, Air AY aiu-hop said it seemed that accused was not really criminal in his intentions, but when drinking he was an opportunist. In this case he had acted with a very manly feeling towards his companion. The Magistrate warned accused he felt tempted to give him a sharp sentence which he deserved. As ho hfld had no convictions since 19215 he would be placed on probation for two years. -