HASTINGS COURT.

Hawke's Bay Tribune, Volume II, Issue 167, 29 June 1912, Page 6

HASTINGS COURT.

(Before Mr. S. E. McCarthy. S.M.)

THIS DAY

BREACH OF PROHIBITION ORDER.

Mary Jones, charged with procuring liquor during the currency of her prohibition order, did not appear. After hearing the evidence of Constable Dwyer, His Worship inflicted a fine of £2 with 7 - costs, or in detfaulf 14 days’ imprisonment. A RACECOLZ.SE INCIDENT. Thomas Ferguson Parker, charged with the theft of £l. the property of Ruhia Nia Nia. at Hastings on June 21st, pleaded not guilty and was defended by Mr. D. Banks. Detective Butler, who conducted the prosecution, said that on June 21st, the second day of the Hawke s Bay races, the complainant, Ruhia Nia Nia. went to the back of the totalisator in the outside enclosure for the purpose of getting a sovereign changed into silver at the ‘ change’ window. After she had been knocking at the window for some time, a Maori named Hupaea came up and asked her what she wanted. She re plied that she wanted to get silver for a sovereign. Accused, who wa> standing near by, also said, “What do.you want lady 1”, and before she had time to reply, he took the sovereign out of her hard, saying that he would cash it at the bar. After .waiting for some time, as accused did not return, coiiiplc.ina.it went to the bar to look for him, but fee was not there. Later in the day. she accosted accused in the paddock, but he denied having rcc.ivcd the sovereign or having seen her before. Complainant informed the police, and Detective Kemp and himself subsequently interviewed the accused, who denied any knowledge of the affair, and refused to give his name. Later he gave his name as Thomas Ferguson. Evidence bearing out the deiec- ’ tive’s statement was given by Ruhia Nia Nia of Pukehou. Cross-examined by Mr. Banks: Identified accused by a scar on his lip which she noticed when she gave . him the sovereign. J Hehau Tupaea gave corroborative evidence and said he saw accused in company with a man named Schrodski on the morning of tha races. They asked witness to have a drink bat'.he refused. At the races they a<Jrp<l him again, but again he reftised’. Later they met in the urinal and witness was again asked to taVe .a drink, but declined. When accused was pointed out to witness by Mrs. Nia Nia, accused said he did not know witness from a post. Cross-examined by Mr. Banks: Said to Mrs. Nia Nia, “I think he’s *<he man.” Detective Butler gave evidence that. Detective Kemp and himself interviewed accused on the racecourse.

Nia Nia was with them, and accused was charged with the theft of her sovereign. He replied : I don’t know her from a post. I suppose she thinks-'I am the only white man on the. ground.” Tupaea, who) wtrs nea<* them, said “You’ve gpir her sovereign light enough,” ■ and accused replied that he did not know either ot them. .Accused refifeed to give his name, and was - taken to the lock-up, where be said ha name was Thomas Ferguson Parker. When searched he had a soyereign and 15/9 in silver and a gold watch and chain. This closed the case for th'e prosecution. For the defence, . Francis Schrodski gave evidence that he accompanied accused to the races on June 21st, and saw Nia Nia and Hehau Tupaea near the dividend window. Nia Nia asked Tupaed for the change of a sovereign, when some chap came up from behind and asked her what she wanted. She told him that she wanted change of a sovereign and gave it to him to cash. The man walked away' in the direction of the booth and did not return. Shortly after complainant and witness went to look for him, and Nia pointing to accused, -said, “I think that the fellow.” Witness said, “I think you’re mistaken.” Nia Nia asked Parker for the £l, but he said he knew nothing of it. The crowd then began io gather round and the police came on the scene. To Detective Butler: If Parker had said on the racecourse that he did know witness he was not telling the truth. The man who took the sovereign was taller than Parker. He went through the produce shed and not to the bar. Did not* see his face and would not known him again. Did not ask Tupaea to have a drink at the Grand Hotel or on the racecourse. Wit ness’ wife lent Parker £1 on the monSag of the races. The money had since been paid back. L. J. Baker, butcher, gave evidence that Parker was with him whilst the first race uas being run and it was not possible for him to be at the rear ot the totalisator. Florence Schrodski gave evidence that accused was at her house on the morning of the second day of the races, and her husband asked hex. to lend accused £l. which she did giving him a sovereign. Thomas Jones, butcher, gave c. idence that accused had been in his employ at Waipukurau. and he haul found him honest and straightforward. Accused, on his oath, said he vent to the races with Schrodski and waon the stand when the first race w;.s being run. After the race he we::t over to the fence near the track, when the Maori woman came up ar.u asked him for a so\erejga which -lasaid she had given Lint to cash. He told her he did not know anything about it. He was subsequently arrested. Gave his name a- Fi fgusoi because there was a mainten-’-nee order out against him in the Soutr: Island, and he thought the poke were going to arrest on that. Ha t over £2OO in the Post Office Suh.?' Bank and the deposit book (prodmed) was his. Haw been some y c <v> in accumulating the money, nio.-t i ‘ which had been made it) land dea.jngs in Timaru.

To Detective Butler: Knew very. little about racing and had only one I bet the first day of the races. D:d I not give Constable Hefferm.in his name as “Frank Parker.” Did not say on the racecourse that he did not know Schrodski. After reviewing the. evidence. His Worship convicted the accused and sentenced him to one month s imimprisonment with hard labour. An order was made for the return of the £1 to the complainant. AFFILIATION CASE.

Thomas Ferguson Parker was further charged with failing to obey a maintenance order to provide for his illegitimate child at Timaru. Mr. E. 11. Williams, instructed by Mr. I. Emslie, of Timaru, appeared foi the complainant, and stated that ir the ordinary procedure accused would have to be remanded to Tim aru. but his client would be satis fled if accused would agree to pay the arrears, £25, and find securities that he would keep up the payments in the future.

The case was adjourned till Monday next at Napier to allow accused an opportunity to obtain sureties. Mr. D. Banks appeared for accused.