TUESDAY, SEPTEMBER 11, 1877.

Inangahua Times, Volume IV, Issue 6, 14 September 1877, Page 2

TUESDAY, SEPTEMBER 11, 1877.

(^Before Ed*vaih> Shaw, Esq., R.M.] , IKDICTABLE OFFENCE. j Harry Smith was charged upon the information of Samuel Gilmer with stealing certain properties and. moneys belonging to the firm, of Gilmer Bros, at Reefton, on the 7th September. Mr Pitt appeared for the proseoution, ' and Mr Guinness conducted the defence. "Thi* following evidence was called >.*-* Samuel Giimer— I am an hotelkeeper in Reefton, carry on business in j partnership with Hamilton Gilmer'and .':'Jpjin\,'.^amU(ip-iV. I know, the ac.used Harry,-Smith, of whom I complain in the information filed.- On September 7th, he was in our employ in Reefton. I have been often absent since we took possession of the house. Accused wasi n our service as a generally useful man. In the performance of his duties he would havo access fco the bar-till —not to tho till in which I keep the money. Ho may have had-"the key of the latter till from Robert Gilmer. On Thursday. 6th instant, I was in Reefton, during the day and up to 12 o'clock at nig it, I had occasion to look at my till. I went to it several" times for the purpose of giving change and cashing cheques, The till contained moneys. About five minutes before 12 o'clock p.m., I had ocoasion, from suspicion, to go to the till. I took the money out of the daily till, counted it, entered the amount in the book, and placed it in my till. The money in both tills, appeared to be all right. I had seen the till I suppose ten times between tea-time* and 12 o'clock. I put the daily takings into' my priv'afe till nnd locked ,it>, and put the. key, with other.-, into my pocket. Accused was standing behind the bar alongside of me while I counted tho money. I then left bim behind, the bar.- His regular time is to attend the'bar 'at* midnight and, remain so long as his service, aro required- He* haa to ratnrn in the. morning at about a quarter past six, and remain until 10 o'clock a.m. I retired to bad on the

morning of the 7th at about a S quarter to 2 o'clock. I got up about a n quarter past six am. T came down I stairs and had a look round, expecting x to meet accused as he in generally there 1 before me. Not Aiding; bim yL compos menced looking for the Irey of th-rbar'^l door. I looked in the^places where' v the c key was generally kept. Only accused t and knew where the key was 1 kept. I then put my liind on the bar 1 door and found it open. Cannot say t whether the key was in the door. I * was surprised to fiud the door open, fi and going at once to where the till t ought to be, found that it had been £ carried away bodily. I examined about * the bar, under the billiard table, and in t the back room for the cash box, and could * not find it, I also looked on the billiard I table. I then went up stairs and called i Hamilton Gilmer, my brother, I made a- 1 report to him. He came down im- 1 mediately. I dame down first and opened i the front door. Four or fire minutes J elapsed between the time of my calling ' him and his coming down stairs. Up to : this time there was no appearance of accused. It was very unusual for him to be behind time. Vincent Fama was passing the front door, and I sent him to call Smith, and ho went immediately. I remained at the door of the hotel with my brother. Fama returned and told us what be had done. About fifteen minutes afterwards Harry Smith came. We called him into a room off the bar, and I told him we were robbed, and said that our suspicion led us to believe that he was the man. He made no answer for some time and then said, " How come you to blame me." I told bim that from the fact of his knowing the particulars of the house, having Iho koy, and being in the bar last, and also being up last in the house afc night, the fact of his not being there afc the usual time in the morning and our having to send for him, and his unusual manner. I asked him to replace what he had taken away, and I would say nothing about it. Up to the night previous to the robbery I had confidence in the accused. He said he could not give baok what he hadn't. I told him I was satisfied he had, and my brother said the same. He made no answer. The till contained cheques, ten, "five, and one pound notes, gold, and silver. Thoy were to the amount of Ll7O 14s. To the best of my belief there -vere six ten pound notes, and four five pound notes. I could not say how many single notes, about 20 or 30 I think. There was about £5 in silver, and I could not say how much in gold. The money enumerated was the property of the firm. I told him to return the cheques, and keep the cash. He hesitated for five minutes. I asked* him for a definite 'answer as I wai- going to lay information to the camp. He muttered something, 1 but I could not say what it was. Ito d him he was very foolish as he had his own charaofcer and his family to look to, and now was the time to say something before I took further steps in the matter. I then left for the camp and Harry asked me if he was to leave, and I told him no, he was to go to the bar. My brother said he would go to the camp to report and started, and I followed him. Smith was at this time in the bar. I asked my brother not to go to the camp that it was better for me to go to Sergeant Nevilles. My brother walked with me as far as tha stables, and I went to 'Sergeant Neville's ancl' reported the robbery, ln about 15 minutes I returned to the stables.and with my brother returned to the house. He went into the dining room and I went into the billiard room through the front door. Smith was just coming out of the billiard room towards the bar as I entered* I found the cash box. which was a small desk on the corner of the billiard table. It is without aiid I swear the bos could not have been on the billiard tabl e when I looked for the key as I turned up the billiard cloth all round. I found in the box cheques to the full value* ' of the amount stated, but the notes, gold -nd silver were gone. Our bank book was also in the box with the cheques. I called Smith back into the billiard room and said, " the cheques are here, but the money is gone," and I asked him to put the cash into the till. I said I was satisfied now more tlian before that he was the guilty party. He made no reply. I told him to be quick as Sergeant Neville was coming, I also told him that he had only a few minutes to spare, and if he would put every- • thing into the box I would do the best I could for him. He made no reply. He .said very little throughout. I then took the cash box into' the dining room to my brother, and then locked it up in its usual place. The till runs on slides, and being unlocked can be drawn out. It is an ordinary drawer, and must be unlocked before it can be drawn out. It was unlocked when - found it on the billiard table. I had the key in my pocket, and nobody else had a key of the lock to my knowledge. Smith was at his work, and I asked him to come to a back room. I told him he had given me what I had asked, aud if he would return the balance of the money no more would be said about it. He said be had not got it. I then told him that tho cash could not be far away from the cheques, and that ho had bolter give me the cash. -In the midst of the conversation Sergeant Neville came in, and I left. I then left the room. About half an hour later,

Jergeant Neville made a report to ae. At.about half*past 10 o'clock, was coming from the stables ip Broadway and met the accused. Ie was in our service at the time, and laidAe was going to /leave, our employv; :isfed'iiijm to return, to the hqteliwith. nets ttiere was some things'l wanted him 0 settle ; he returned. On the way back ie asked me what I wanted with him; [ told him there was some sweep-books in he bouse belonging to Lynch ; he said ihat was his matter, and he would look ifter that ; I told him they had been sent ;o the firm, and the finm would be responsible ; he said that he was short of money md had used the sweep money ; I said ihat could be rectified when he came up ; m went behind the bar and counted the tickets. The number he had sold was 24, and I made out a receipt for the 24 tickets, £24, and asked him to read it, and he did, and said it was correct • he put his hand in his pocket and pulled out four five pound notes and four one pound notes. The barmaid was present ; the five pound notes were on the National Bank ; I have the money in question in my possession now. As a matter of fact, I recognised one of the £5 notes to 'the best of my belief, as being in among the cash on the night of the 6th September. The note in question is a little bit cut on one side, and I noticed it when handling the money on the day before ; I recognised the note on receiving it from Smith ; he then left the house "he told me that he had received his wages up to tho 27th August. In the evening of the same day, at about five, or half-past five, he came into the house and aslied me to have a drink, and 1 did so ; 9aw him several times after, but we had no further conversation with him ; took legal advice in the matter, and the information was laid. Cross-examiDed— l have been in charge of the hotel since Tuesday .night, my brother Robert had been in charge up to that time; he has not gone away for good; he may come back; I looked at the money frequently on that day ; Smith leaves the house alter dinner, and returns at about five o'clock : I looked at the money ten or twelve times on the day previous ; Smith was present when I was locking up the money ; tho money is always kept locked up. My brother Hamilton did not go behind the bar that night, nor did not liave the key ofthe tiif; tho key is an ordiuary one ; I do not know of any other key exactly like it : I never took the key to my room at nigbt ; I have frrqurnlly taken the contents out at night; 1 took' the money out on Wednesday night, but not on tho following night; I considered the money in the till perfectly snfe ; don't think Smith always saw me taking the money ; it would be impossible for me to take tho money out of the till without Smith seeing me if he looked ; I do not as a rule remain up till everybody goes to bed, that is a part of Smith's duty ; I only go to the till to get change, and keep money there to accomodate customers* in • cashing 'cheq-nes ; on ■fhe night previous I thought" the bar takincs were not as they should be ; it ; was the dully till I went to five minutes before 12 o'clock on tho 7th ; the barmaid is ih charge of the bar till 12 o'clock, but accused could go in and out as he lined. About" -ev.eb or half-past seven I took £14 lis, 8d out to cash a cheque lor Mr Gillespie'} I can't say whether I gave him -ingle or £5 notes. To the best of mv behef I gave bim two £5 notes, aud -fcJ in single notes ; X had some suspicions on the nfcrht before the robbery ; I had no : suspicions about leaving so much .money in the till ; when we went to bed Smith was upstairs making a shakedown for Mr Giles ; he may have shown my bro betupstairs ; recollect Smith telling mo that my brother would not sleep m the room provided for him ; my brother and myself were the last np in the house besides Smith ; after going up to go to bed 1 did not come down till about a quarter past six o'clock in the morning ; before going to bed I asked Smith if he intended to stop in the house or go home, and he said he would go homo; he generally goes home at night ; I believe any one can enter the back yard and part of the house; they cannot get into the back parlor behind the billiard room : tne rooms are generally kept locked ; I tried the door of the sitting room on the night in question, and found it was locked : a person could unlock the door from the inside ; heard nobody open it ; Smith might' have opened it on his way ont ; there is nothing to prevent persons going up tho staircase from the staircase from ' the baok yard to the bedrooms ; as a i matter of fact, the whole house is open ! throughout the night except tbe bar; wo ! do not keep a night watchman ; do not know of instances of boarders going to tbe bar after it had been locked up and getting drinks; we had three p aces for secreting the key of the door loading from the billiard room to the bar ; I have found the key in three distinct places ; I could not say where my brother put the key ; Smith is generally first to get the key in the morning ; Smith does not lock up the bar every night ; on the night ofl uesday my brother was there ; on the Wednesday and Thursday night Smith locked up the bar ; I am not particular who locked up the bar; I do not say particularly that it is Smith's duty to § lockup the bar; he is supposed to lock it up when he is up last ; as a matter of fact, I do not know for certain whether the bar was locked or not ; the key was generally kept under the mat at the foot of the stairs or round the cushion of the billiard table ; directly I came down stairs I ran my hand under the cushion of the billiard table , tbe key might have been in the door ; 1 did not examine the lock or the door, or 'key; could not say whether tho blind.in the billiard room were down ; I did not strike a light ; the table was covered with a light cover ; I did not lift the cover entirely off the table, but turned up the ' edge all round to the extent of halt a toot, tho cover does not hang down the sides of the table about, six. inches, as far as I can say ; I think it is an exact coyer; I did not turn down the cloth again ; Rama did not enter tbe billiard room with me Ihat morning ; the front hall door is always locked on the inside, I unlocked it on the morning of the robbery ; I did not take my brother round to see the different doors and._situations ; he remained with

me in the front of the bar until Smith came ; when looking for the key I did not examine the billiard table to see if the cash box was on it ; the cash box, when I found it, was on the corner of the billiard table ; tbe reason I was up so early was a person was in the hous<^bo Ranted breakfast upstairs, aiid I ' didlnbt • tell Smith overnight that he need not mind coming early, that' I would zft up in morning ; I did not mention l'this matter to him ; Fama was not in the hotel when I came down : ; I never mentioned the robbery to bim ; it was about seven o'clock when 1' saw Fama ; my brother told Smith that he suspected him ; he gave us to understand that he was innocent ; he said be could not give what he hadn t ; we did not tell Harry to go out of the bar ; I know that sergeant Neville searched Smith's house ; I was there, and I did not find the money. I sent the stableman over to Smith's house ; did not I ask Smith to allow himself to be searched : I I am sorry I didn't ; the reason why I did not give him in charge first was that I did not want to do anything before getting advice ; he was rushing out of the billiard room into the bar when I entered ; he ran until he could get no further ; I said nothing to him, but went into the billiard room ; when I asked him to return the cash he did not make any answer ; he may have muttered something ; I swear that I locked the till on the night of the robbery. I swear tl c liil was unlocked when I found it. The drawer would slide into its place without my turning tbe lock. I do not say that nobody else has got a key to fit the lock. No money was missing out of the daily till ; never had a word of difference with Smith in ray life ; he has held a pretty responsible position in the house ; did Dot suspect him until the night before the robbery ; when I met Smith in the street he told me that the finding of the till was against him; never told Smith that I would be responsible fo** any property destroyed by Sergeant Neville in searching his house : lam sure he said that he had spent to his own private me all the money he had received for Lynch s sweep; he said he had no money; he never said that he had spent the sweep money . over and over again cashing cheques ; I wrote out the receipt in question before he gave me the money, but I suspected he had plenty of money ; I will not swear positively to the £5 note ; there is nothing very unusual about it ; to the best of my belief the note produced is one of those in the treasury on the night before tbe robbery ; I will swear that the note was torn as it is when it came into my possession. By. tho Sench— The accused left the house afc about a quarter past 2 in the night in question. ,*■/■,_ Samuel Gilmor, recalled, by the Court —Smith generally comes to the hotel at from a quarter to half-past six. On the morning in question he was not there when I came down ; and I might have stood at the door for six or seven minutes he-ore Fama came up. Vincent Fama— l am chief cook in tbe employ of Gilmer Bros. I recollect the morning of Friday, 7th September. I met Mr S. Gilmer on that morning at the ■ corner near Mr Dunn's building, at a quarter to 7 o'clock. Tn consequence of what he said I went to Smith's cottage and called him. He Hyps in Shiel street, near Serjeant Neville's residence. I wrapped at the door, and sur,!* out bis name. He replied, " All right." as if he was asleep, and I came away.. . I theh went into the hotel kitchen ; I entered the side door. I saw Mr S. Gilmer in the bar. The second cook, Anthony, was in kitchen when I entered. I saw nobody about, and continued my work ; some time" after another servant in the house : reported to me. Smith came ior some witer to the pump near the kitchen ; I i said "Is that true tbe till has been robbed." He said, " Yes it is, and serve tuern <* well right, they were told to get a safe long before." I made no reply-Cross-examined— Smith then went on with his work. He generally gets water ■ from the pump in the morning to wash his (-lasses. He took the water in i\e usual tub. Smith and I usually arrive at the hotel about the same time ; sometimes I see him coming, and he is ahead of me, and other times-I am ahead of him. On the morning in question, I was coming to my work about the usual time, 20 minutes to seven. Lines, the Westport coachmen, is generally away before I come to the hotel ; Anthony generally gets breakfast for the passengers by that coach. Tlio Westport coach leaves on Saturday mornings. Anthony tells me he sometimes eets up at from half-past five to seven o'clock ; I generally find him up. On the morning in question he was m the kitchen ; the fire's were well lighted, and the water boiling; I imagine he must have been up about half an hour before I came ; he has to clean the boots, rind generally commences before^ six o'clock ; he must be up before six o'clock to get through his work in time; in the performance of his work he has to go roiind : and collect the boots from the different rooms ; I know the parlor behind the billiard room ; he has nothing to do in that room or the bar parlor ; there was nothing to prevent him from going into that room as the door is generally open ; I could not say whether the door leading \ from the back passage to the billiard room is generally left open ; the other door is open, I have often seen it. Smith occupied the position in the house of general manager ; when I wanted anything I applied to him ; he keeps the books ; I should call him the manager ofthe house ; I know the billiard room pretty well, ; also the windows in it ; there is no fastenings to any of the windows, anybody could open them anH get in ; I 1 can't say whether they slide up and down easily. By, the Court— They do slide up and down easily. Cross examination continued — I know Mrs Webb, and have known her to be up, at work in the house before Smith or I arrived ; when Smith is not there the bar is generally shut ; when Mr Dawson was there I very often opened the bar. There has been uo change in the management of the house since Gilmer Bros, took possession. Ido not make so free in the house now, aud therefore do not open tho bar. ; It is no duty of mine to open the b-.ir. My general time of coming to the hot*?l is about a quarter to seven. I could not i say that Smith was unusually late on the morning of the robbery. Mr Gilmer had ; his' slippers on at Dunn's corner. His brother was not with him. I did not hear or ace Smith come to the hotel.

Heard no conversation betwer-n Smith 'i, and Oilmers. Havf* known Smith for about four years, and so far as I know, I f, always found bim honest. He has to my "* knowledge been in possession of large sums of money. I have seen a box ( chock-a-block full of notes, and both me _ and bim going to it and Mr Dawson r asleep. I paid Smith 20s for a ticket in _ the sweep. I fancy be put tbe money in ( his pocket. s Re-exammed — The billiard room , 13 • builfc in parls on piles four or five feet \ bigli. From the ground to the sill of , the last window would be from eight to ( ten feet. 1 By tbe Court— A person could get up ' to the windows by standing upon some- ; thing. Sometimes there is a ladder in » tbe passage as also a grindstone. When I used to go into tbe bar, tbe key. in Mr Dawson's time, was kept under tbe mat, at tbe foot of the stairs. That is the only place I ever knew tbe key to be Sergeant Neville — I recollect the morning of Friday. 7th September. I know Mr S. Gilmer. He came to my house at about half-past 7 o clock on that morning, and from what he stated I went to Gilmer's Hotel. I have known tbe accused for some time. I bad an interview with him in the parlor at Gilmer s Hotel. When I entered, Gilmer and accused were m conversation. I stated tbat I regretted to hear of the robbery, and Gilmer said that since his return from my bouse he had found the cheques reported to be lost, on the corner of the billiard room table. Smith then left the room at Gilmer's request, and subsequently returned, and I spoke to him ; he stated that he deeply regretted the occurrence, as he could see that suspicion was directed towards him. I told him it was liis duty to endeavour to clear tbe matter up as well as he possibly could, and be coincided, and said he would do all he could. He said he could not account for the way in which the robbery had taken place. We talked the matter over for about quarter of an hour. In consequence of a subsequent conversation with Gilmer, I saw Smithin lhe new parlor, off the bar. I suggested the advisability Of searching his house, in order to clear his character and be gave me the key of his cottage. I search the house without any result. While I was searching Smith came in, and asked if I had found anything. I said "No." On the same evening a warrant for his arrest was placed in my hands. *- arrested him about 10 o'clock in the evening, at Campbell's Intel. I searched him aed found £11. The money was in a small purse, two five pound and n single n*"- te - A da y or two be , the robborv, I had occasion to speak to accused as to his future movements. He said ho intended to leave Beefton. He was in a very distressed state of mind over a domestic occurrence. He said generally speaking, he was not well off. One reason was that he owed a certain amount of money to Mr Dawson for cash lent to buy bis cottace. , Cross-exarained-Have known Smith fnr a ] 0!1 g time. He has a good r-Wnctor for honesty. Ho was mMr Dyson's employ for some time. It was.about half an hour after the first ,onver*ation with Smith that I nsked him fnr the key- to make a search. .Ha was not ind-/my surveillance belween he iim* moViticm-"*.' He-eouUl.Wvei let th, house. I.nmof opinio^ Wyerj Mint he rnm'nined tn U.ewW «IL . 0 tim<l -.•„,._ be-ird it rumoured that the door's of the hotel have been found open aTnUt. Gilmer and M'Ardl* asss.ted me in the search at Smith's house. M'Ardle did not take an active part in the search. I believe it was at my uggestTon that M'Ardle ea.ne to assist me Smith offered no obstruction to me throughout, but assisted me. ■ By the Bench— l did not make any very minute examination of the house, as from what had been reported to me as to conclusions formed relative to the robbery, and the direction in which suspicion was cast, I thought that there was no doubt about the matter. On entering the house I looked about and could see that everything about was in the usual order. I did not examine the place where the till was bent ; nor did not see it. The demeanor of the accused was rather. depressed, but talked in a calm, cool, and collected manner. _ At: this stage, of, the case, Mr Pitt on behalf of the prosecuf ion, applied for a remand until Wednesday morning, in order to allow of the attendance of Hamilton Gilmer. The remand was granted, and accused was admitted, to bail, accused in £200, and two sureties of £100 each.