ALLEGED THEFT

Hawke's Bay Tribune, Volume I, Issue 27, 14 January 1911, Page 11

ALLEGED THEFT

At th* Court yesterday, U f - >• >. K McCarthy, S.M.. James Lv. a- vas ’harged with on Jam;,-'. . !.•• <. <i •al the sum of £&, tli<- ,<■•»•• •’-: it Robert McFarlane, • P-inne.

Ao i re*' L t be tried by a Jur>.

IXt. ’.: • But’.vr • >r.d:i<:<4 the! prosecut;« .ar i M B. -I. Dolan appeared i->t t' e a-ru.-t < vho pleaded not guilty. Robert Maefarlane, labourer, residi.ig at Petane. deposed that on January 4. he cashed a cheque for £3; at the Hastings branch of the Bank of New Zealand. He g<>t three ten pound notes, and a ot.e pound note. This would be about Ji a.m. Before he eashed the cheque he had no notes, in his possession. Shortly after, he went to accused’s restaurant for lunch, saw the accused there, and he served him with lunch. After having lunch at Lucas’ witness proffered a £lO note in payment. Lucas, on taking the note, saui in a joking way “A fiver.” Witness said, “No. a tenner.” Lucas repeated •’A tenner” in a low voice. Accused then went to the front of his shop taking the note with him. Witness waited some ten minutes for his change, when a waiter came along and witness asked him how much longer he was to wait. The waiter said, “I didn’t deal with you.” and fitness said. “I dealt with the boss” (accused). The waiter went to the office and returned with four one pound notes and some silver. Told the waiter it was not witness’s change and refused to take it, saying that the change was for a "tenner.” Accused then came on the scene and said “What’s this.” Witness said “What do you mean by this. Lucas 1 This is not my change.” and he replied that he (witness) only gave him a £5 note, and that was the right change. Witness said it was not and would not take it. Accused threatened to give witness in charge for saying such a thing. Accused took notes out of his pocket and pointing to a £5 note said that, was the note witness gave him. Witness was annoyed, and could not remember! what reply he made. Told Lucas he would see a constable and he; accordingly went out and brought ‘ a constable back with him to ae-’ cused’s shop. Ih reply to the con-| stable, accused showed him a £s' note and a number of singles, say- 1 ing that that was the fiver he received. Told the constable that he had got the money in £lO notes and a single from the bank. Witness then went to the Police Station. Was positive he gave Lucas £lO.

To Mr Dolan: Had been working for Mr Bell at Petane. Came to not many. He got the £3l cheque Hastings on January 2nd. the first day of the races. Had about £5 but not as much as £lO. Attended the races and backed horses a little. Had a little drink but was not drunk. Went to the races the next day and backed horses but on the morning of the 4th from Mr John Donnelly. When he' went into the bank at 11 o’clock in the morning of the 4th he had taken some drink but was not drunk. He had not taken nine drinks, but could not swear he had not had six. After cashing his cheque he went to the Hastings

Hotel, but had no drink there. Did fenot go to sleep in the hotel nor at Lucas’. There were several others in the restaurant when he was having lunch. Was not with any woman on the morning he cashed the cheque or at the races. Left Mr John Donnelly at Stortford Lodge where they had one drink. Had one drink at the Pacific Hotel perhaps two. Had none at the Grand. Carlton Club or Albert Hotels. Accused turned out all his money when he (witness) brought Constable Rrenchley to the restaurant. He (witness)

showed the constable two £lO notes and a £l note. Did not remember using any bad language in the presence of the constable. George Hartshorn, teller in the New Zealand, deposed that he was <>n duty on January 4th. Remembered Rnheri Maefarlane coming into the Bar.!: at about 11.50 a.m. He casiit tl a cheque for £3l. Gave him time £'iu notes and a £1 note.

To Mr Dolan : Maefarlane was

drunk when he cashed the cheque

Re-ex’mined ’> y Detective But ler, '.s saifi he cashed the cheque when the innn was drunk.

Mr Dolan : I would like to see Mr Hartshorn refuse him.

Constable Brenchley gave pvdence that he was on duty in Ilcrctannga Street on January 4 about t.3t» p.m. He visited the accused rest.’.vran;. He asked ’What is the trouble with, this man and the £in note Accused replied: “This man came in here about 12.30 tor dinner, and gave me a £5 note to cash. I gave him change of Ihe Accused drew a bundle of n./t. from his hip pocket, showing witness a £5 note, which he said Maefarlane gave him to change. Accused handed witness the notes, and amongst them was a £5 note of the Bank of Australasia, the rest were singles. Maefarlane then said to accused : "Did I not hand you a tenner, and you said it was a fiver ?” To Mr Dolan: Maefarlane had been drinking, but was not drunk. He was excited when witness went to the shop. Detective Butler gave evidence as to seeing accused at 2 p.m. on Jane.ary 4. Told him that MacFarlane had complained that he hail given him a .£'!<> note, and had only been given change of a £5 note. Accused said "He only gave me a fiver, and here it is (note produced). Here is the change, £t 19’-, wi.i -k he refused to take.” He said Maefarlane came in the worse for liquor, had lunch, and went to

sleep. He wanted the table, so he woke Maefarlane up. Maefarlane asked him if he could cash a £5 note. Accused went to the front shop, and sent a waiter back with £4 19 - in change, which Macfarlane refused. The £5 note was the biggest note he had received that dav.

To Mr. Dolan: Maefarlane was quite sober when witness saw’ him. Nothing was known against accused, who was a foreigner. He had been in the district some time.

Samuel Harper, clerk at the Carlton Club Hotel, Hastings, stated that he was in the office at the hotel on 4th January. Accused came into the office about 11.30 a.m. on that day to change a ten pound note of the Bank of NewZealand. Accused asked for two five-pound notes. Gave him one £5 and five singles. The £lO note produced was the one. Had a visit from accused the same evening. Accused asked him if he remembered the £lO note he had cashed for him in the morning, adding. “It was a Ars note and five singles you gave me for-it.” Witness answered “Yes.” Accused said. “If any one asks you if you changed a £lO note, you need not say you did.” He asked if Mr. Butler had been making enquiries, and it was after this he spoke about the £o note.

To Mr. Dolan: Had known Lucas for a long time. Had dealings with him when he (witness) had a grocery business, and always found him honest. Had frequently cashed cheques for him at the hotel. This was not the first time he hail cashed a “tenner” for him. Did not remember cashing one for him on the previous day. Did not cash any cheques for him on the 4th January. Left off work about 2.30 p.m. on that day. Had no other “tenners” in the office that morning. The first words used by accused when he came to see him at his house was, “Has anybody been to see you Accused asked him if he could remember what time it was when he had cashed the che-

que. Told him it was some time before noon. Accused contended that it was about 11.15 a.m. Banked shortly after 10 a.m. It was not witness who handed the ten-pound note to D*e detective.

This was all the evidence for the prosecution. For the defence. James Lucas, proprietor of a restaurant at Hastings. deposed that he knew MacFarlane, who often came to Lis rooms for lunch, sometimes very

drunk. On the 4th January he was t three-parts drunk. He came into I the shop about 12.30 p.m. There I were about 22 others in the rooms. ; Maefarlane went to sleep after hav- | ing lunch. Ask'd him to give up I the chai--, as he wanted to use the I table. Maefarlane put his hand in his pocket, and drew out some : notes which he opened out. He ’ handed him one. itness said : , Tb.is is a £o note. Maefarlane ! said: "Yes, can you cash it for I me.” Witness replied that he j could, ami went to the cash register to do so. When he got to the I front shop, several people were i waiting to be served. Witness bel gan to serve them, and sent the i waiter back to Maefarlane with the { change. Maefarlane asked the waiter “Where was Lucas.” and the waiter called him. Maefarlane said: "Didn’t I give you a £lO note and he replied "No. it was a £5 note, and I told you so when you handed it to me.” Maefarlane then became abusive. Told MacFarlane that when he pulled the notes from his pocket there were three notes, a £lO, a £5, and a single note. He said : “Yes. ' Witness said : "Beiore you leave will you take the notes from your pocket ami see if you have the £lO note there Maefarlane replied that he might have £2O in his pocket. Maefarlane then i away, and returned an hour later I with Constable Brenchley. The | Constable examined, the money in I witness’ pocket, and found the £5 note amongst the singles. He took the £5 note away, and after a while he saw the Constable again. The Constable said that Detective Butler had taken the matter in hand. Did not tell Detective Buller that he had changed a £lO note that day. Saw Mr. Harper in the afternoon, after Mr. Butler had seen witness. Was very much upset at what had happened, and went down to see Harper. He told Harper what had happened in the restaurant. Asked Mr. Harper if he had cashed a £lO note for witness in the morning, and he replied that he did not remember. Witness reminded him of the time, and mentioned that he (Harper) was talking to another gentleman at the time. Haiper then recall ed the time. Got the £lO note from a customer on January 3rd, at the races. Harper gave him one £o note and five singles. Had been in business in Hastings for four years, and had never been in Court before. To Detective Butler: Did not remember paying any £5 notes away after cashing the £lO note. Was very busy on the morning of January 5. Had only one £5 note when the Constable came to the shop. Did not make a special trip to Mr. Harper’s house. Was out riding his bicycle, and happened to pass Harper’s house. Did not tell Harper to say that he had not changed a £lO note for witness. Did not tell him (Detective Butler) that he had not changed a £lO note on January 4. Had an account with Union Bank. The Bank was closer to his premises than the Carlton Hotel, but he never made a practice of going to the Bank for change. The three notes were in a bunch when Maefarlane took them from his pocket. Had 14 or 15 single notes anti a £5 in his possession when the Constable came into his shop about 1.45 p.m. Went to cash the £lO note at the Carlton, although he had fourteen or fifteen singles in his possession. Howard William Hillman, traveller in jewellery, deposed that he

I was in accused’s restaurant on January 4, between 12 and halfpast. On January 2 and 3he had been employed there as a waiter, and went on the 4th to get paid. Business W’as brisk when witness went in. and Lucas asked witness to give him a hand, which he did. } Saw Maefarlane there. Had never ! seen him previously. Maefarlane ! came in about 12.45. Lucas served i him. Maefarlane was nearly I drunk, and went to sleep after his ! meal. Lucas woke him up, ana heard him t«‘*l Maefarlane that he ' wanted the table. Lucas, later, i railed v. iir.' ss to take some change, i The amount was £4 19s. Gave it to Maefarlane. who said there had been a mistake. He had given a . £!0 note to Lucas. Macfamane re- ' fused to take the change, and subsequently left the shop. He re- ! turned with Constable Brenchley, J who examined Lucas’ money. ! To Detective Butler : Maefarlane was staggerins; when he came into ! the restaurant. ! Accused was committed for trial ! at the next sittings of the Supreme I Court at Napier on the 21st Feb-

i ruary. Bail was fixed at accused in £5O, and two sureties of £25 each.