A SERIOUS CHARGE

Marlborough Express, Volume XLVII, Issue 26, 31 January 1913, Page 2

A SERIOUS CHARGE

ALLEGED THEFT OF A MAIL-

BAG

At the Magistrate's Court yesterday, before Messrs E. H. Peiiiiy and .T. J. White, Justices of the Peace, John Francis O'Keefe, with several aliases, was charged with stealing a mail-bag at Blairich on Tuesday.

Sergeant Hanson prosocuted, and the accused conducted his own defence.

At the request of the accused, all witnesses were ordered out of Court-

The facts of the case, as explained by Sergeant Hanson, are that during the stoppage of the mail coach from Molesworth at Blairich on Tuesday, a man named Duffy arrived with the Upton Downs mail-bag, and gave it to one Harris, who put it on th© coach. The accused, who was a passenger, was seen to enter the 6erub sonic time after with something under his coat, and owing to the bag being missed at BLenheim, the accused was consequently arrested. The bag was found on Wednesday in the scrub at Blairich, afid the contents were scattered; about.

Edward Dalton, Upton Downs, identified the mail-bag produced as feeing the one used in connection with the Upton Downs mail service; which he gave to Bernard Duffy, an employee on his father's station, to deliver to the coach-driver at Blairich or else put in the mail-box on the road. The bag contained three letters and several departmental papers, which his mother made up into a parcel. The lock of the bag had evidently been tampered with since it left the station last. He had never seen the accused before, nor had he given him authority to receive the bag. To the accused: He often, took the mail-bag to the coach, but it was the custom to put it in the letter-box on the road. He had not seen Duffy since the occurrence.

Charles Whelan, Chief Postmaster at Blenheim, recognised the mail-bag and contents, and stated, in answer to the. accused, that the mail-bag was missed on arrival of the coach at Blenheim on Tuesday. Regarding the absence of the bag, the driver stated that it had not been given to him.

The witness explained that after a mail-bag is put on the coach it becomes the property of the Post-master-General.

A recapitulation of his instructions «?egarding the delivery of the mailbae was given by Bernard Duffy, who stated that a stranger named Harris put the bag in, the coach while the driver was feeding the horses. Witness afterwards explained to the driver where the bag was. All this time the accused was on the roadside at the rear of the coach.

To the accused!: "When the ba;; was put in the coach he and Harris .were alone, and the latter appeared to him to be sober, although he had whisky in his possession. It was the usual custom when meeting the coach to give the bag to the- passenger reaching for it, irrespective of whether he was a stranger or not. Arthur Stanley Harris, a passenger on the coach, recounted how, when standing alone in front of the coach at Blairich, he was met by Duffy and asked to put the mail-bag in the coach, which he accordingly did. The accused came from behind the coach, came to the side, and then all went to lunch. After lunch he saw the accused go from the coach into the scrub, and he appeared to have something bulky under his coat. What he had the witness could not discern;; but he was away for about 6 minutes, and then came on by the coach to Blenheim. On Wednesday lie' went with iihe coach driver to Blairich and searched tlhe scrub which the accused entered, and found the mutilated mail-bag and the torn-up contents. He had no doubt whatever that the accused was the person who -went into the scrub with something under his coat. To the accused': He wnild not remember whether he was by himself ar not when Duffy met him with the mail-bag in. front of the coach. Ho was then perfectly sober, despite the lact that he had just consumed threequarters of a bottle of whisky' and had had three or four "nips" between the Jordan and Blairich. At the Jordan he bought the bottle of whisky. The passengers were standing about the coach when witness saw the accused enter the scrub, one person being seated inside. At the Working-men's Club on Wednesday morning the driver asked the witness, in the accused's presence, what he did with the mail-bag, and he replied that he put it in the coach, the, driver stating also, that three young fellows saw the accused go into the scrub' with, something bulky under his coat. After the driver had dleparted he had a drink with the accused. Prior to the departure of the party to Blairich on Wednesday morning he was sober, and remembered the accused telling him to bring the police and give him (the accused) in charge. When the accused came out of the scrub the witness noticed that his hand was bleeding profusely; but when they found the bag and contents yesterday no blood was noticed. To the Court: The coach usually staved about 1^ hours at Blairich. - Harold Quirk gave corroboratory evidence with reference to the accused's visit to the scrub with what appeared to him. to be something bulky under his coat, and also concerning the visit to Blairich on Wednesday in search .of the missing mailIn reply to questions from the accused the witness stated that he could not. say whether Harris was sober or not when he received the mail-bag from Duffjr. At the Jordan two bottles of whisky and one bottle of beer were bought, which was consumed by some of those on the coach. He did not see the accused take anything from the coach during the stay at Blairich, but noticed that when he returned from the scrub there was blood on his hand, which the accused informed him resulted from a knock from a horse. The witness detailed certain conversations in town with the accused and some of his mates; and. stated that he had had no conversation regarding the case with other witnesses after tho morning hearing. Upon Duffy's arrival at Blairich, Harris went and met him. The mail-bag was found at Blairich by a man named Fisher in the witness's presence. In his endeavor to find the bag Harris went to the left of the locality which he and Fisher made their objective. In the course of evidence of a corroboratory nature Edgar Rowe, a passenger on the coach, stated that he did not see anybody go into the scrub other than the accused, although he believed that somebody else was lying; over there. He mentioned that during the journey to Blairich accused said that lie was going to get a "dirty point" on to the driver.

The witness was questioned by the accused similarly to tho other witnesses. .

■'■The driver of tire., coach (Joseph Thomas Downing) said that he was accustomed to collect mail-bags from the different stations from the letterboxiss they had' on tho road, and being sniislW with .Duffy's assertion that inm-is had put tho bag on the coach at Blairich he did not obtain proof of this. Ho detailed what occurred nt Blairich during the stoppage, and then gave ■evidence as to his actions after iinding that the mail-bag was missing. ■ To tho accused the witness stated that ho did not ascertain whether the mail-bag was in the coacli when Duffy informed him that. Harris had put it there. He considered that it was possible to take the mail-bag from the coach to tho scrub where the bag was found—a distance of about 40 yards— ransack it, and return in about five minutes. Ho did not see anybody go into the scrub, as he was attending to the horses. There was a little box of tools adjacent- to the box where the mails were kept. On the occasion of the accused's travelling with him previously the mails had not been interfered with in any way.

To. Sergt. Hanson: One of the passengers on the coach was under the influence of liquor, while.the accused showed signs of having had a little liquor- previously, although he was quite capable. Arnold Ivor Fisher, who was a passenger on the coach, and who subsequently found the mail-bag in the scrub, gave evidence. Constable Doggett stated that upon being arrested at the Royal Hot-el on Wednesday the accused said "I know who took' the bag, but I am not going to say now. I don't believe it was ever put on the coach." This concluded the case for the prosecution.

The accused reserved his defence, and was committed for trial at the next sitting of i;he Supreme Court in Blenheim, bail not being asked for.