A Charge of Larceny.

Gisborne Standard and Cook County Gazette, Volume I, Issue 86, 31 December 1887, Page 3

A Charge of Larceny.

ACCUSED ACQUITTED.

At th* R.M. Court on Thursday. Charles Wi ion, alias Jones, and John Maher we charged with stealing £2 on the 27th inet., tl property Of Mr F. Steel., boai.builder. Ur Brasses appeared tor Mahar, . Fred Bteele deposed that accused were i hie house on the morning in question aboi ten. Had- money in the houau at the tijn in a leather bag hong up in the bedroom, tl bag bet ir looked. There was £2 in it. pound note, haltsovsr-.ign, end ten shillin| tn silver. Had drink that morning and I treated his brother and the accused to a drin each. Took them to Casein's hotel from h Own house. They all met in the house agai after the second drink—had three round *aeh. About eleven o'clock went out to was hie boat and both the accused came out an sat alongside him. When ha had fluishe ha took up his coat and some silver fell ou of it He picked it up and took th money into ths house and placed it on th table tn the bedroom under a bar of soap. H then wont out and when he came back Mahe asked him if he had lost any money. H (aid he did not know, but that he bad som in the house. Told him what he had left oi the table. He said there ought to be thro tbillibgs. Maher said “Well, heie it is Charlie gave it to me." Charlie was th, other prisoner. The four of them then wen to Casein's again, and spent two shillings All returned to ths house and after sonn time again went to Casein’s, Maher pm dnred a shilling, and his brother sixpence am "Charlie oflerso th> t for tour d inks. The bar man and Watson had so > e » ords about it, but they got the dunks. He had no money or him at the time. He could swear the prisoner! had no more money. Charlie said he had Done. He saw Watson give Maher two ahil lings about half past twelve—Watson said hi had just got it from Casein. Watson wenl (nd got two bottles of beer with it and tool them to witness' house. After the dispute Bibont the sightMUpence witness and his Brother went btek to the house. The two shillings ware handed to Maher before the disputa took place. When the brother returned to the house the two accused were in the hotel. Only remained in the house about ton minutes, leaving his brother in charge Went back again about 6.15, there being no One in the bouse then. Noticed as soon as he wont in that there was a large screw driver gu the bed and ths lock had been broken. The money had been taken out. Reported the matter to the police about a quarter past gix. He asked Maher on Wednesday whether Rs had taken the money, and Maher said he had not. Then was no further conversation, and nothing was said about a pound note. On being pressed witness said he believed Maher Mid something about changing a pound note—that he had changed one in Scott's. He was not drunk at the time, nor Was he drunk whtn he laid the information. Maher said Charlie bad given the pound note. Did not remember anything else passing between them. To Mr Brafeey : Was sure that it was prepious to the talk about the eighteen pence that Watson had given Maher the two rhillings. Between the time that he had left the hotel And returned to the house he had not seen the focused. , Was hot having a regular holiday and keeping up Christmas. Had four or five drinks, which would not make him dtunk. He had the other two sixpences in his pocket all day from the time he received the three shillings given him and spent two. To Watson : The house was always unthe lock not being-secure. Rememmeeting Watson on Monday, and had a Brink at Dickson's and told witness that he had been to the races and had made some money. Did not show him a ponud note. Had seen interrogator working for a couple of days. Could not be certain whether they had ( drink on Saturday. Henry Steele deposed: He was a carpenter gr 1 last witness was his brother. He had got to the letter's house about ten in the morning. His brother went out and Watson took two (billings and two sixpences from the tabla in the bedroom and said to Maher. Here, Jack, you had better take this." and Maher took them. Witness gave a coircborativa account as to whet was done with the money. Had not seen Watson give Maher Atty more money that day. There was a general “eciape up" at three o'clock for a adrink and Maher provided a shilling, add he gave all he had—sixpence. Watson said he “hadn't • 'stiver' with him." Watson Asked for the drinks and they got them. He tumained at his brother's when he went theta until about five, having in the meantime fallen asleep on the bed. To Mr Brasaey : There was no (adret made about the two shillings—he thought Watson was doing something clever, and considered it A joke. Did not remember his brother saying anything about acme pound notes before he left; They were all in about the same state. To Watson : Did not recollect Maher going into the room at all. Remembered accused laying it was hard lines having to borrow Sonsy, and then go for the beer himself. To the Bench: Noticed oil Tuesday that ths door would not look. Did not know what was in the bag and had not looked at it. The Screwdriver could not have been on the bed

when ha left to go homo. . . ~ John Coeiiu deposed that Watson hod paid bhn flee shilUngj on Mondor, being part of what ho owed. Aceuied had etui that was al! ha eoald pay than. Ha had lumped two ohillingi from witneaa un ths day. Baying he wanted it badly. at kbtfot oil o'clock in the svaning, When he gave Witness See shillings, there being sixpence change given back. Later on he pressed witness and others to hevea drink, bat all refused and he then went into the bar and had a drink himself Hs could not toll now much change accused bad then—it m.ght be ten abillingßo Frederick Bteele, re-called, said that he had told his brother before he left about the money in the bag. Thomas Cotter, barman at the Albion Hotel, gave evidence as to his giving the drinks fur eighteen pence, after some tain between himself and Watson. Frederick Cesnn, licensee of the Albion Hotel, deposed that Watson had asked him tor the loan of half-a-crown and he refused. Weteon th. a sa d be liked to know his friends, and pulled out half a sovereign and asked witness to have a dnnk with him. John Shaw, barman at the Masonic Hotel, deposed that between five and seven on the 37th the accused asked for drinks, and Maher offered to pay for them, but Watson said hwould do it, and did so. Watson asked witneoe if ho owed him anything and he replied that he did not. Maher then took out a pound now and asked him to take out what he owed. He kept 5s 64 out of it that had been owing for some months. James Martin, barman at the Argyll Hotel, remembered Maher coming in at about fivr . o'clock on the evening in question and payii g ■ him a shilling be owed, and also spent had aorown. He had other money on him as well. Watson spent three shillings. D.d not see any more money with the at ter. Edward Burch deposed that he had a rifle target at the racecourse on Boxing Day an.. had Watson employed assi ting him getting up sweeps on it. He paid him 36s for hi.4ay's week besides what be could make. Sergeant Bullen deposed that st about seven p’elock on the 27tbFrederick Steele esk.-d him to come to hir'house- The door was closed an I be con'd see a man inside. He we t saw Maher lying on the bunk. Steel'THtSbfc, him but he could not or »oild not wake. Witnwsa returned to the house, after making enqjrfiries, at about nine. Maher was etii and they shook him up. He appear*. j£sif he had laid down drunk. After talking ' to him for some time he told him that th place had been robbed, ami that ae he ha. been mere all day he wanted to ask him a f. w questions and it would depend on his answe .h whether he was arrested in connection wi h the matter, and that be need not answer al all unless be liked. Acted him if he had go B coin from WatFon during the day and he Mid he had not, but admitted afterwards getting five ah ill mgs from him. Maher said he had k lAMftid of his own during the day, sayRhe had earned it, Ha said he had Watson taking money from the bag ’*» bedflun—if he had, the Sergeant on Lave heard of it. He asked ebere he had got the money he had at i he Mhcoi ic Hotel. He said he U him when McGill went out. The mkft, and he. said he got the money ■ Smith* Witness told him he ought imm4 ot UausU, a young man lit*

: him lying there drunk and told him to go ■ home. Then Went down and saw Watson I coming out of the Argyll Hotel. Cautioned him in the usual way. Asked him how much money he had got from Butch, and he said Sflr, but that he had not much of it now, a. he had to pay a lot of debts. Accused said he had given Maher a few ehillings during the day, but that was all. Constable MoGIP corroborated the Ser. grant's evidence. Hu had s-en Mrs Smith and she said she had not given Maher any niunsy Mr Brassey objected to such evidence, and the objection was upheld. Tbe eviuence being concluded, Sfr Braasey said that there was nut a titlie of evidence to

show that prisoners weie anywhere near the premises when the robbery was supposed to have taken piece, and there was nothing to connect them with it in any way, Tbe only evidence upon which the Court was asked to convict the accused was statements made to the police. There was no doubt that though t»i« accused were not compel led to answer any questions, the police could not help but be obtrusive, and a man, hearing that a robbery had taken place, might uatux&lly say things to “ bluff ’’ ths police for fear of being him*eif dragged into a matter with which he had nothing to do. lhe evidence not only did not connect the accused, but showed that they could not have gone to the house unseen in ths time between Henry bteeie’s departure for uome and Frederick Steele's returning, lhe evidence showed very strongly that the case should not have been brought into Court. Me (counsel) did not appear for Watson, but ne tnought it a pity that a young man like nun should have been placed m such a position. All lhe money he had had been accounted for, and it had been proved luathe bad been working almost continuously since he had been heze. Ifi he khaa not pulled out the money after he asked Mr Uaasin for lhe loan of some money, fion that alab an inference might have been taken that be had none oh him, and such have been brought against him as evidence As to Maher lheie was no evidence against him. Un being iold that there was a robbery he no doubt wished to give as little information as possible, lest he should implicate himself on account of having been at the place. His Worship said the police had done no moie than their duty ii; bringing the case, but the evidence was such that he should not feel wariauted 111 couvwiiug tne accused, i'aere were many points that needed explaining and this explanation might not nave been funncoiniug umebs the case had been bi ought lulu Court. Tneie weie certain facts adduced tqp, that were lamentable. He was sorry to see a young man like Maher, who he hau Known fur bcme lime and always tucked upon as a respeclauie, haru*working young fellow, ahuw toe possibility of having such things

said about uim as nad been said in evidence. There was no uuubt tueie was money in the Dag ana a rouoery nad taken place, nut there was no eviuence to connect lhe disappearance ui tne money with the fact of these uieu having ueen in lhe house and drinking to* ge.ner. if Mauer had Deen the Linet he would uaidly have gone uaua to the house again to sieep there, lhe cuaige wuu doe dismissed.