MAGISTRATES COURT.

Hawke's Bay Tribune, Volume II, Issue 7, 19 December 1911, Page 2

MAGISTRATES COURT.

NAPIER. (Before Mr. S. E. McCarthy, S.M.) ALLEGED THEFT. Continuing his evidence in the case against E. Holder for alleged theft at Napier Court yesterday afternoon the man Lawerance said that he with Holder and another man left the Provincial Hotel at about 9.30 in the morning. Up to this time witness might have had four drinks of brandy. Believed he had one drink with Holder. Tarrant was not present. -After starting on their motor car drive they went to the Terminus Hotel to pick up a mate to accompany them. This mate was Richard Tarrant. He sat in the back seat with witness. Could not say whether there was an introduction or not. AATien Holder left the car he told witness to remain there till he brought out Tarrant. Did not remember a cab driving up to the hotel while he was waiting. He did not knqjv where he 'went after leaving the Terminus Hotel. They returned to the Provincial Hotel about 1.30 in the afternoon. AVitness could not say if he had any drink while in the motor car. From the time of leaving the Terminus Hotel till he returned to the Provincial his mind was a blank. AVhen he left the Provincial Hotel he had about £‘4o in his possession; five file-pound notes in his left waistcoat pocket, a ten-pound note in the right pocket, and some loose gold and notes in his trouser’s pocket. He counted his money about half an hour before setting out on his motor car drive, in the presence of several people, including Holder. About half an hour after returning from the motor car drive he came to his senses and then missed his money. Did not complain to anyone about the loss. Could not recollect having any drinks at the Provincial Hotel on his return and did not know whether the third man was present. Holder was not there. He could not remember paying Holder for the motor car drive, and did not know how much he paid him. Xever told Holder that he had lost his money while out with him in the car. AVhen witness was getting into the car at the Provincial Hotel, he suggested that they should get a mate. Holder said he would fix that up and they drove to the Terminus Hotel as already described. His right hand was cut on returning from the motor car drive . This was done either by being pulled or shoved out of the car on their return to the Provincial Hotel. He thought he saw the man who accompanied him and Holder on their drive, some time during the evening. No authority was given to anyone to take the money. The last half-hour before the drive witness was in Air. Boyce’s company. He paid him £2 deposit on a suit of clothes. He was in his proper senses when he got into the car. No one interfered with him from the time of his leaving Mr. Boyce to his getting into the car.

To Mr. Dolan: He had been about 26 years in this district and had known Air. Frank Holder, off and on. for about six years. Had stayed with Air. Holder when they kept the hotel and had always found him honest and straightforward. He was of the same opinion still. He did not remember vomiting during the drive. Did not suggest going round to the Terminus Hotel. He could not say whether a drink was brought out to him in front of the Terminus Hotel. He did not recollect shifting his money during the drive. Complained to nobody about losing his money, and did not know to whom he first mentioned it. AVitness told the police about six weeks after. Stayed in town about four or five weeks after losing the money. He paid his expenses during this time by a cheque for £2O which he had cashed. This might have been a week after the drive.

To Sergt. Cuminings: The police went to witness to get a statement concerning the theft. Otherwise nothing would have been heard about the case.

Richard Tarrant, at present serving a sentence at Mount Eden Gaol, Auckland, deposed that he remembered coming to Napier on 23rd July last. He came from Gisj borne by the Mokoia, arriving in [Napier about 6.30 in the morning. IHe went along to the Caledonian, from there to the Criterion and then to the Provincial Hotel. Went to the Provincial Hotel to see Holder, intending to have a '‘boose.” Arrived there about 9 o’clock and met Holder and another man named I Lawrence. He knew Holder at [Pahiatua and at Waipawa and when ■he kept the Provincial Hotel in ! Napier. On the morning of the ! 20th witness had a conversation in the Provincial Hotel with Holder 'concerning a motor car drive. He 'asked Holder what he was doing and lie replied that he was running ■i motor garage. Witness then inquired how much Holder would charge to take him out to Hastings. Holder said that the car had been engaged by Lawrence and suggested that lie should go with him. Holder drank small glasses of beer or stout. They had two rounds of drink. He passed a remark to Holder that Lawrence appeared tn have plenty of money. They were alone together then. Holder replied that before the day was out he would have it. Witness asked how he intended to get it. Holder replied "you might t<> know that.” He replied that. Holder ought to know as well as lie did and further said that the man was too sober "to try to take him down.” Holder replied that Im c uid mt be that way verv long especially after the , motor drive. The drive had been arranged before this conversation. It was agreed that witness should be pickid tip at the Terminus Hotel. Lawrence w;ts in tlie bar while this arrangement was being made. Witness saw Holder and Lawrence leave in the car. Later witness took a cab to the Terminus Hotel. Holder and Lawrence iiad arrivel the same time or a little before. Lawrence was sitting in the back seat of the

j car and Holder was in thr hotel, i Witness and Holder i.ad a drink toigeliir-;- and thf-:> w,|.i into the ear. \\ r • v.i- i.iti odiir rd to La.vr. , !>;. Holder under the name of Case - .. II .'•)> i nroduei d him at lite ProHotel as well. The rear on :■ ■ f.i.--- rmnr was trir.t in ti. • <vr-n: of tioui.le the police would be looking 1 th<- wron.it man. It was artsinged that liny shon'.il go to ■ live. They "aiu to the hotel a: t h'.e and al! got oat. Lawrence, then fairly drunk. They ha i a-wittl drinks together. I.nwrem-., drank is It sky a;;d on having the } o'e! ie lollapsrd. being thoroug;.- . ■■nk Witness ami Holder a»i him iii!-> the ear. It was rai.iiritr at fl.e time. After leaving tiny r,t.--md to Xapier. l.awiem>was serf >iek in the ear. He was 'ittmg on witness's right and s.n leaning ovi r the side of the rar. Witness look money • f hit. t r., , • picket and some oi.t of i... waist,->:it po-krt and then handed .it t > Holder, who replied. light o-i Wiinc-- did not search all the I . kt t - as he was in the wrong post 'lion fo.' <iomg so. D:d not know ' how much mom y h»‘ took. Returned to the Pr incial Hotel aLimt j mid-day. Witness >:r.v L::v. t < ■ -get •mi of the car and had an idea 'that he hurt his hand. They then .wilt into the bar of 'he Pros incial land hail drinks together, Lawrence i was not supplied with strong lirink. i The barmaid "Hid them with (drink. Later witness, with Holder j and Lawrence, went into the tele{phone ro.ini and here l.awrenee pan; I Holder some more mom y for In <car ride. Wiutess was to reel iv-' i.- -i.are of tic- money oil I' riday it d if he wanted any my 1:1 the imantime he coaid get it. Witness paid three pounds for his share o! the ear. The price was made prctti -tiff so that tlie other man would not think he was drunk. Wilne j borrowed four pounds prciii.vs ! • tin- and a!--, had some money iron’ f lisborne. He did not wai.t to get his share - he was expect ing 'o !>e arrc-tid for a theft in dishorn." and told H dder this. He was ar nsted text morning. Fatly in tie afternoon witness went to Holder to get some money and received la-'. He was arrestid that cumin:’ between 6 and 7 o ( lock on a charge of forget.'. A* oth-r times he had been in tio’.ibk' : mnp ad >- gethi r. He was firs' in an industrial school. Irving sent there fo: theft. Other ofTem-i s were false *»ret•■it* * ‘. forgerv ami i-ne of theft. 1 To .Mr. Dolan : He pn ;>i r mumwas Collis ; he had gone under the name of Bourne and lastly- under the mime if Tarrant. Had neve: | served anr other sentences than l those named. Hail robbed a drttiiK ieii man. but he had. been pat tip to (it by H -hh r. Witniss had been i working at. Tokomani Bay umhrihe 'name of Tarrant. Had worked m i van ms pans of X. w Zealand under I his own name. M itne-s thought he { -p. ke t , Holder first when he met ■ l.im m the Provineial Hotel. D.d not it member HaMer saying that he had got the best of him. Wn- not -ur-' whether he called himself Tar (rant or tmt. He had played in a band and Hold r a-ked him to ; .end 1 for his cornet, which was in (b--j borne. He dij not st nd the t.dc- - "ram. Lawn nee was drunk whet, 'iHiev returned to the Provim ia' 'i Hutch He was not drunk when they -intercd the Clise Hotel. The drink at (.'live finished Lawrence off. Edward McGinty. licensee of the Provincial Hotel. deposed that Lawranee had been staying at his hotel, arriving there on the evening of Tuesday Dth. Knew about the motor car ride on the -20th. M it ness thought Holder first, suggested the drive to Lav. ram e. This was on Wednesday night. Arrangements 1 [ were made to go next morning. ' Witness saw Holder and Lawranee start. There was a third man pre sent in the bar when the arrange nc-nts were made. When Tarrant en'ei*d 1: ** spoke to Hol de I, am • said that he knew him. Did not know whether they shook hands. At first Holder hesitated and seemed as if he did not remember Tarrant. There was no fourth man with them Each member of the party had r drink. La a nim e -mmf.iiu.'' Lawia:.- witness thought. drank whi-ky. After having a drink Ho] d>-> ami Lawrance went out om door, and Tarrant went out by an other. Hidder and Tarrant did not have a conversation before goinfi ‘out to tie motor car. Lawrance. : ; w he n he returned from (. live showed sign- of liquor, but he was 1 not drunk. He was excitable atm was suffering from a cut on hi.- ' 1 hand which he said had been eausei ' in Holder pulling him out of tht ear. When they retired, witness am hi- wife were serving behind tin bar. They had some drinks. Law ranee being served with a soft drink. After this the three wenl I out into the passage, but witnest 1' could not say w here they went to t Holder returned a few minutes latet ‘ and went away in the motor car Almost immediately after Tarran | left and Lawren,,- so far as witnes • knew went out also. Home tiini I that night witness saw Lawram ‘again. He knew nothing about tig ‘amount paid for the hire of th, motor car. 'Witness asked Holde that n.ght whether lie had an; money belonging to Lawram-e. Ho! i der said he had £2. Ah,out ton ‘ weeks after he heard Law rani e asl [Holder for j’his money. Lawrenci i asked for £?. imf Holder said 1 I w as only 30 . To Mr. Doian : There whs md . fourth man in the bar called Keog.l when the arrangements for thmotor ear drive were made. Law ■ran.-e asked Holder for £’. this wa the first time he had t-vrr suggest i'cd that Holder ' ad of hl ■1 . inotiev. ; Henry William Muna;. a Larma at. the Terminti.s Hot -I. Xapier, fie posed that he recollected Mr. Holde driving down m a motor cat. ll."i was another man with him. H wa sonm time between t'.’io and,,! o'clock oil Thursday morning. i'll '■ man in the car •■.-.upi-.d the •'»•■ II seat. He did not leave the eai Hobier took a diitik t>» tiie man i cur. A < drove up while th I t jr wa- waiting, xn-i Tarrant ram

■ -nt of it into the Lar. Later Tarrant : x.-i nt out to the car. and sat with the man already there. Tarrant lad some i-onv ersalion with lloldet in the bar. Th -- man in tin- car ‘ii ( ! ; rot get out. he appeared to b-' - driink. ; The ease was adjourned until H! o’clock Wednesday morning. Sev- ' eral w;tm - ‘-.s?s for the prosecution ‘and for the defence have yet to Le . xamineil.