court of Petty Sessions.

Marlborough Express, Volume IV, Issue 179, 12 June 1869, Page 5

court of Petty Sessions.

BLENHEI, MONDAY, JUNE 7

[Before S. L. Muller, Esq., R.M., J. B. Wemyss, C. Goulter, J. Ward, and 0. Empson, Esqrs , J.P.’s.] STEALING A CASH-BOX AND £6O. Thomas Lawrence Ward was brought up on remand upon the charge ox stealing a casli box and £6O odd. _ Mr. he appeared for the informant, and in reply to Mr. kelson, said that was Inspector Emerson. Mr. Nelson appeared for the prisoner, who pleaded not guilty. Upon his application, all witnesses were ordered out of Com t. In reply to Mr. Nelson, Mr. Pitt said the real prosecutor was Mr. Cribb. Mr. Pitt said the facts of the case were simply these ; —The prisoner had been for a long while engaged in the Telegraph Depaitment, and consequently was personally known to the prosecutor, and on intimate terms with him ; and knowing that he had a permanent appointment, allowed him access as an official. On the 3rd inst., Mr. Cribb had received from the Paymaster a certain cheque for payment of officials, lusonci was in the office at the time ; he showed him the cheque, and then placed it in the cash-box. Next day Ward came in and remained until a little after 12. Meantime Mr. Cribb went to the Bank and cashed the cheque, and on his return prisoner was standing near the table. He paid Sinclair his portion, and put the remainder in the box, and put it in a pigeon-hole. Shortly after prisoner went away, and returned about two or three o’clock, when he had a large great coat, for which he had no ne d, as the day was fine and sunny. Duringthe time he was there, had occasion to go into his own rooms two or three times. On one of these occasions, he met prisoner going out by the private floor, in a harried manner, without speaking. Cribb afterwards asked him why he went away thus, and he told him he had an engagement, but afterawards denied it. At night, on going to put away the day’s takings, he found the box missing. No one having had access during the day to the premises, he then gave information to the police, who searched prisoner’s bedding. Prosecutor asked the prisoner what he thought he should do. He was very excited, and said he did not know what to do; afterwards he said, “ don’t do anything ,fpr a day or two, perhaps the money would turn up.” The money was afterwards found 'uiuder his own bed. Ho considered there a strong jn ivia facie case, as some of the notes—remarkable in appearance, one smeared with oil—would be sworn to. None hut the prisoner could have taken the notes, or had access to his room. He believed they would see good reason for sending the case before a higher tribunal. Charles Thomas CdLb deposed, I am the the Telegraphic Department at Blenheim, and acting agent for White’s Bay, and it is my duty to pay all salaries for both offices. On the 3rd received a cheque for £64 odd from the Paymaster to pay the charges. The prisoner is Thos. L. Ward. Have known him six or nine months, and was on intimate terms with him. I considered he was connected with the Telegraph department, having been working on the line a long time, but not connected with the Blenheim, coming in and out at any time he liked, knowing where the key was kept, the office being locked in the day time. On the 3rd, he was there when I got the cheque. I remarked to him that we had got the cheque at last, and placed it in the cashbox, and I believe the prisoner saw me; he

must have seen me, as he stood with his back to the fire. Was in the habit of keeping the box in one particular pigeon-hole. On the morning of the 4th took the cheque out of the box, but not in the prisoner’s presence. He came in afterwards between 10 and 11, remaining till about a quarter-past 12. Left the office in charge of the messenger about 11.30 to get the cheque cashed. 1 got it in 2 £lO, 6 £5, 14 £ 1, odd money, 4-sovereign, and some silver and copper, in all believed it amounted to £64 13s. 4d. On returning a few minutes to 12, paid Sinclair his month’s salary, and the remainder placed in the cash box in the presence of prisoner, who was standing close by, the messenger being in the office. Noticed that on the back of one of the notes there was “ 55.” The one produced is one of those put in the box ; a £5 note had a very greasy appearance ; I believe the one produced to he the note, also by a black spot; there was another note with an indecent expression on the back ; don’t believe the one produced to be it, but to the best of my belief, that is one of the notes ; the notes sworn to were in the roll placed in the cash-box ; prisoner left at a quarter-past twelve at noon, returning in the afternoon between 2 and 3, Inning a great coa. with him ; the day was warm and sunny, remaining about an hour; went into my private rooms for a few seconds at a time once or twice during his stay ; prisoner left suddenly about 3 o’clock, and, as I thought, in a very mysterious manner, by the way he took his great coat up from the instrument table, and went out in an unusually hurried way by the back door, also unusual, which he never did before ; he came back to the office about a quarter to 5 ; on coming in, he said it was very Lot, or to the like effect; I said it was cool, as did the messenger ; asked why he left so quickly without speaking; he said he had suddenly recollected an appointment on the Maxwell Road ; Sinclair was in the office at the time; he afterwards denied the statement, saying he had no appointment —saying wdiy he had told mo so was because the messenger was there, but he went to the Alabama. Missed the box at 6 p.m. from the place where it had been placed ; made a search, thinking I might have left it out, but could not find it; prisoner left at £ past 5. Went to the constable, and told him what had occurred, and wished him to go for Inspector Emerson. Half-an-hour after Emerson came, when I told him of the loss, and what was in it. Told him what notes there were, and that there w T as some silver and copper in it; and that I suspected Ward of taking it, as no one else had been in the office but myself and messenger. Inspector Emerson searched the office and back premises, and about and under the Maxwell-road bridge. On crossing the Omaka bridge we met prisoner coming this way. Emerson said, “ There goes Ward.” Said it would be a good chance for him to go and search his bedroom, while I kept an eye on him. We parted, and I watched prisoner, who crossed the bridge, and as he did so I heard a splash in the water. My impression was the prisoner caused it by throwing something in. No one else was on the bridge at the time. Met him near Millington’s office; watched him up Maxwell-road, when he turned and passed me, then he turned and came back again in the same direction, after which I lost sight of him till I saw him again at Purkiss’s between 10 and i 1 Called him into the billiard-room, and told him I had missed the cash-box. Asked him to advise me how to act; he replied it was a d d shame, but he could not advise me how to act. He then bid me good-night, but afterwards asked me to drink with him ; he appeared unnerved, and different to anything I had seen in him before. I said he might have moved the box just to frighten me, for a lark; he replied, “ No, he would not do such a thing.” Was with him perhaps a quarter of an hour. Upon lea' ing he followed me, and said he thought it was as well for me to mention it to Inspector Emerson, but not to do anything further for a day or two, as the box might turn up. Did not see him again till next day when apprehended. By Mr. Nelson : Had been on friendly terms with prisoner for some months; his character was hitherto unimpeached, and had considered him respectable and trustworthy. He has been working on the line, and before the cash box was taken I received a message that he was appointed to a permanent situation on the telegraph. There is only one key to the office to my knowledge, that is to the front door; the back door requires bolting, and can only be fastened from the inside; the front door locks both from outside and inside. 'When I am in the office the door is always kept locked, the key being placed on a shelf attached to the door; when I go out the key is put in the same place, which can be reached from the outside, if the messenger is in. Prisoner found this out for himself. Persons having access to the office occa-

sionally, might find out where the key was kept. None but the linemen, the messenger, and myself have access; the linemen from other stations have access to give reports. The notice was put up by rayself, several months ago. Ward might have seen the cheque. The box was kept in a pigeon hole with a cover to it, and could not be seen; there is no key to the cover; the box was locked, and the key is in my possession. There was only a 4d. piece in when the cheque was placed in it. There were also a number of private letters and portraits belonging to me. It was the property of the Government. I filled the box from the till, and kept my own money in it also. The door of the pigeon-hole creaked on the hinge a little; at times there is sufficient noise to drown the sound of creaking; could hear it from, my bedroom ; I have tried it; there is only a wooden partition. Ward never had occasion to go to the, box by my direction. Spoke of going to the Bank to cash the cheque before prisoner. Counted the money at the Bank, and again on returning; could not say whether Sinclair saw me count it. Did not see the box after putting it in the hole- Knew from recollection how many different notes there was, and told Emerson before the money was found. Trusted to ray memory ; examining the backs of the notes as counted. Will not swear to the note produced ; do not think it is the one spoken of ; it is not because the word “ William” is there instead of “old” that I think it is not the same. Some weeks ago some one made a remark that they had seen a note with that on the back of it. Remarked the figures “ 55 ” on the other note." Never heard of or saw it done ; did not tell Inspector Emerson the numbers of the notes ; he did not ask me it I had any private marks on the notes. Did not tell him about the words “ Old Budge,” not recollecting it at the time. Saw them after they were found, but did not examine them ; Emerson had them ; he told me in my office with the notes in his possession. He did not show them to me, nor did I examine them, but saw the fronts of them all. Had not then told him that I had noticed the marks or writing. No person told me there was writing on the backs of any of the notes. It has not been slated to me that it was necessary to identify them. Spoke to him about the greasy marks, and about Budge, some time on Saturday. Told him there was something about Budge which I could swear to; he did not tell me about the writing on the notes as found. Ward was not in the habit of wearing a great coat; do not know that Ward had lately bought a new top coat; did not remark that it was a new one. Sometimes go out by the back way during office hours; do not recollect going out with Ward by the back way and meeting Harry Mears with a decanter of wine in his hand. On Thursday or Friday we went together to the back to examine the insulators. Went over to Ewart’s; do not remember meeting Mears at all. Went out at the front that day, placing the key on the ledge; never keep the front door open. On Friday night Ward passed us as we were standing near Millington’s door; he was nearly over the bridge when the splash took place on Dodson’s side._ Told Emerson of it as soon as we met again; did not see him throw it in the water. He would be 6or 7 yards from me; could not >ay exactly, as it was very dark. Ward did not speak as he passed. I did not examine AVard’s bed, nor tell Purkiss. Prisoner did not say at first that I should keep quiet for a few days, nor did I tell him I would take his advice.

By Mr. Pitt; —Am positive that no person but myself, messenger, and prisoner was in the office on the 4th ; not to my knowledge has any person except those employed at the office had access since the notice was put up ; drew the cover over the hole when I put the box in ; when I went to get the box out it was not as I left it, being open about an inch; prisoner was 6 or 7 yards from Dodson’s wool-store when I heard the splash ; have not been in prisoner’s bed-room at Purkiss’s between the time of the money being lost and found by Emerson. By Mr. Nelson.—Was- in my bed-room two or three times on the 4th. am a clerk in the Bank of New Zealand at “cheques!" a cheque I now produce was presented by Mr. Cribb on 4th June; I paid it in the manner as stated on it—2 £lO, 6 £5, 14 £ I, and 13s. Bd. in silver and gold; could not tell tho numbers of any of the notes; did not observe anything remarkable about any of them. By Mr. Nelson : It is usual to put on the cheques how they are paid; it was done as paid in this case; Mr. Cribb made no remark to me when I cashed the cheque ; have seen "W. Budge” on a £5 note betoie, but can’t say this note has been in the bank before or not'. Charles Purkiss deposed ; I am an hotel-

keeper in Blenheim ; have known prisoner off and on for 3 years ; he has been lodging at my place ; on Friday last remember prisoner coming to dinner about 1 o’clock; he went out again about 2 o’clock; did not notice anything remarkable about his dress, but a remark was made to him that he was putting his top-coat on rather early ; it was the middle of the day,- which was sunny; he was not in the habit of wearing a great coat in the day time ; he Returned from halfpast three to half-past four same afternoon, carrying the coat loosely over his ai’m, entering the back way; looked in at the bar, remarking that it was jolly hot; I said I thought it was cold ; he said he had had a long walk up High-street, crossing the river where he had been looking lor Sklaark's horse ; he then went up to his bed-room, which is the room over the bar; noticed nothing unusual in his manner while up there ; no one had access to his room except me and Mrs. Purkiss; neither Sinclair or Cribb had been in the bed-room that day, or evening, or on the morning of the sth; Cribb was in the bar that evening, and also Inspector Emerson was there about seven o’clock ; he told me there had been a robbery at the Telegraph Office, and that Ward was suspected ; asked me to allow him to search his room without a warrant; I gave permission. and he searched the room in my presence ; made a strict search under the mattresses, taking them up one by one; there was no bundle of notes ; subsequently made another search with Mrs. Purkiss next morning ; I searched the lumber room first in consequence of my wife saying she had heard prisoner there, where he had never been before; before the search next morning, while cooking the breakfast in the kitchen beneath the lumber-room, heard footsteps above ; on searching it, found nothing, but continued the search in the bed-room ; found a roll of notes under the mattresses of his bed next the mattress ; the notes produced are the same, and I put my initials on them ; there were 2 £lO, 6 £5, and 8 £l.

TUESDAY, JUNE Bth. [Before S. L. Muller, Esq., R.M., C. Goultek, J. Ward, and J. B. Wemyss, Esqrs., J.Fs.] Some minor difficulties arose in consequence of one of the Justices being late, and a question as to whether the witness needed to be again sworn. The latterj was solved by re swearing him. The examination of Charles Purkiss was then continued by Mr. Pitt, after he had identified the notes. The initials “C. P.” are mine. These are the notes found under prisoner’s bed. On finding them X fetched Inspector Emerson, who took them fiom under the bed ; I compared them with him. Prisoner said on the Friday evening there had been a robbery at the Telegraph Office. The cash-box had been taken with about £GO in it; he described how the cash- bos was placed in a pigeon-hole, saying it was cut there, and there, and the box pushed in. He added it was a bad job for Mr. Cribb, who might lose his situation through it, and it must have been some one who knew the place who had taken it. He seemed to have a knowledge of where the box was kept. By Mr. Helson: Cribb spoke to me on the evening of the 4th. Told me of the robbery, and that he suspected Ward; he did not tell me where the box was placed ; it could not have been him who told me; he spoke of it after we had made the search. Cribb did not make a search in my house that night; he would not be allowed. It is possible to get into the house without breaking in, but it would be very improbable ; the billiard-room door, and also the kitchen door are unlocked till bedtime. Do not keep any servant girl or man; myself and Mrs. Purkiss were the only persons in charge of the house. There is a possibility that a person might go upstairs without me knowing, but do not think it likely ; should hear the footsteps; had only two lodgers that night bsides the prisoner. Mrs. Purkiss was up when I was cooking the breakfast. There are 6 rooms ; others can get into the lumber room besides me. Have had many more boarders than now. Cribb spoke to me after Emerson that night. Avery, who is an intimate friend of Cribb’s, also spoke to me in the street opposite his place, Cribb being inside. He said he knew about it; I asked for Cribb; had not half-a-dozen words; said it was a bad job. Subsequently to this Avery went to my house; we did not examine the room ; only examined the room once; did not speak to anyone else about it that I remember ; when I saw the notes next morning I lifted them up to see if they were what had been described to me, and laid them down again. The £o and £lO spoken of to me the night before were there. Did not then see the backs of them ; did not notice the marks till we were putting our initials.on them, after coming down stairs; would not like to swear what writing was on them j believe

there was figures “ 50 ” or “ 55 ” on one of them, and some writing lixe “ Sballcross,” [jSTote shewn witness with Budge, &c., on it.] Asked Cribb if he could identify those found with those lost; this was in the morning. Cribb said ho thought he could swear to one or two of the notes, by the words “Budge, &c,” being on it; did not say “old,” but “Budge.” He had not then seen them, nor do I know whether he saw them at all or not; did not ask him. My wife was there when I found and examined the notes to see if they were those lost. She did not examine them ; told her to mind the bar, and call Leek if anything was wanted, while I went for Inspector Emerson. Met Avery on the road, and told him I had found the money; did not tell him I left it behind me; said I was going to Emerson’s, and he went along with me to Cribb’s; did not see Cribb; went back quickly, and Emerson followed. Air. Leek and Douslin were at my house when I returned : no one else. Met Avery in the Square. After seeing the figures, had not any recollection of saying anything to Avery regarding identifying the notes ; told him I had initialed the notes; might have told him I saw the word “Shallcross” on one. Spoke to Leek about the same word ; could not say that Ward had any bundle under his top coat. He said it was warm and took it off. Emerson said Ward was blamed. I knew nothing about it till he came. By Mr. Pitt: Am perfectly confident the notes produced are the same found under the bed.

Mr. Pitt applied that Mr. Cribb should be recalled. Mr. Avery was not in my office on any part of the 4 th. John Emersen deposed : Am Inspector of Police stationed at Blenheim; on the 4th June, the constable came to me from the Telegraph Office with a message from Mr. Cribb ; he said the Telegraph Office had been robbed ; in consequence went to Mr. Cribb’s office about a quarier to 7 in the evening; he told me he had lost his cashbox containing 2 £lO, 6 £5, and 10 £l, some portraits and letters, and showed me where it had been placed in the pigeon-hole in his office, and he said he suspected Ward, the prisoner, of stealing it, and that no one else had been in the place all day; seai’ched the office; looked first at the hole, remarking that I wondered anyone could take it out without perceiving the creaking of the door; Mr. Cribb fold me it was very easy for the prisoner to take it, as he stood with his back to the fire ; said he would not have it about him, but as hs was going by the Ealcon in a few days, thought it better to wait; went towards Purkiss’s in company with Cribb ; when opposite the News office, I said “ there’s Ward coming” ; he was coming in this direction ; went to Purkiss’s and told him what had happened, and asked to search the room ; we went up to the room and searched together; we stripped the bed, and searched all the approaches to the room ; finding nothing, went away, and met Cribb again; next morning Purkiss came to me and told me he had found the money in prisoner’s bed; had left it where he found it; went over immediately and found the notes folded and. lying on the slab under the bed; took them up, examined, and counted them ; there was £SB altogether; the number corresponded with what Cribb said had been lost with the exception of 2 £1; took them down into the billiard-room and initialed them (notes produced); these are the same notes I found, and the same number ; prisoner was just coming in, and I arrested him; did not notice then the writing on them, as Cribb said he could not identify them when I first went to the office about it; this was when he was excited and much cut up ; on Saturday he told me he could remember some of them ; told the prisoner what he was charged with, and he told me, after being duly cautioned, that he knew nothing whatever of it. By Mr. Nelson: Ward did not seem astonished or nervous at all when I spoke to him; on the 4th, when at the office, asked Cribb if he could identify the money lost ; he said if we found the box, he could identify the portraits and letters; had only the one conversation that night about the identification ; did not make any remarks further about it, as I thought we might get the box ; had no conversation with anyone but the constables and Avery, who knew it, and cautioned them not to say a word about it; asked Purkiss to keep it quiet; have not known prisoner long ; on Saturday morning Purkiss and his wife were in the bar.; the money was found in what Purkiss said was Ward’sbed-room; examined the place with him; he told me the following day he could identify some of them; saw writing on some of them, but did not notice them, but got away with the prisoner as soon as possible ; Purkiss said something about “ Budge” being on one of them ; think I told Purkiss Cribb could not identify the notes in the beginning; saw him afterwards, but did not show him the notes; he told me

there was something about Budge on one, some figures on one, and some dirt on one; I showed him them in Mr. Pitt’s office on Saturday night; I object to say whether I instructed Mr. Pitt to prosecute ; Mr. Cribb; identified the three notes, we went together he picked the three out; said those I can swear to ; one had “ 55” on it; Cribb said he would employ Mr. Pitt, as you had been employed by others; no information was sworn in the case until after the arrest, as Dr. Muller was not down ; Cribb might have done ; searched the river on Sunday ; Cribb pointed out where he heard the splash, but found nothing ; examined the pigeon-hole; the hinge is at the bottom, and it made a creaking noise ; did not search Cribb’s bedroom ; have been in that room, but should not think the sound could be heard in it; did not see any fish in town on Friday ; think Cribb cooks in the back room ; he’ lives there, and has his meals there. William Sinclair deposed : Am a clerk in the Telegraph Office. Blenheim, and know the prisoner, who was in the habit of coming into the office, and was there on the 4th inst, both morning and afternoon ; there was no other person in the office tiiat day while I was there but Mr. Cribb and prisoner; I always remain in the office during Mr Cribb’s absence, if he goes out while I’m in; did not that day go to Purkiss’s house, m>r was ever up-stairs in his house in my life. By Mr. Nelson : I go to dinner between 12 and 1 ; am not sure, but think only Cribb was in the office when 1 went to dinner that day ; do not remember the time ; Ward was not there when I returned ; saw him there about a quarter to 2, in the back yard here; he was alone there, and walking ; it was near where the insulators were kept ; came in with me by the back way; had been out breaking wood from returning from dinner till I saw him; I was then carrying wood in; on returning from dinner I entered at the frontdoor; don’t remember whether it was locked or not; sometimes it is not locked ; 1 do not often find the door loose ; 1 might occasionally, when I go out at the front; I sometimes don’t fasten the front door; when I went out to the wood, I left the door on the latch, and found it so on returning ; the door opens into a public passage, leading to the Customs, Magistrate’s office, and Post Office; persons could gain access by the passage; 1 think Cribb was writing in the instrument-room when I came in ; be cooks in the back room; don’t remember what he used that day; remember he got some fish that day ; Ward was with him; he used the front way; the fish was kept in the instrument-room ; they were not cleaned, bat were left in the front office all the day. He did not to my knowledge go out by the back door that day. He did go out with Ward by the front door; might have gone into the back room that day, but was not while Cribb was out at the front. Was out four or five times uuring the afternoon with messages. Noticed Ward had the great coat on ; never saw him with one on before. Did not notice him near the hole where the box was kept; he might have been.

By Mr. Pitt; When I went out on each occasion Mr. Cribb was in the office. This closed the case for the prosecution. Mr. Nelson addressed the bench. He argued that the evidence was entirely circumstantial, the most important being that of Cribb himself. Eyes’ evidence proved nothing against the prisoner. Purkiss gave no evidence of moment, he did not even say that Ward slept there that night; there was nothing remarkable in his wearing a top coat in June, tie remarked upon Purkiss not removing the notes after finding them, and said his wife might have seen and told how they wei'e marked, and asked would Ward be so mad, had he taken the notes, to place them unprotected under his bed, knowing that he was the only person who had been in the office that day 1 Seeing this was but a bare, imaginary outline of a case, he did not think they would send it for trial, and urged them to remember the amount of expej ise necessary to send the case to Nelson for trial. The evidence was then read over and signed by the witnesses. The prisoner being cautioned in the usual manner, and asked if he had anything to say, i-eplied “No.” He was then committed to take his trial at the next sittings of the Supreme Court at Nelson. Mr. Nelson applied that bail should be taken. The Bench, after deliberation, would require two sureties at £SOO, and himself in £IOOO, with 48 hours notice. Upon a further application the Bench said bail would be taken at Wellington or elsewhere. The prisoner did not show any concern.