MAGISTRATE’S COURT

Manawatu Standard, Volume LII, Issue 4, 4 December 1931, Page 8

MAGISTRATE’S COURT

CHARGE OF THEFT. Andrew Alason, of Palmerston North, appeared before Air J. L. Stout, S.AI., in the Alagistrate’s Court to-day charged with the theft on Wednesday, November 25, of £5, tht property of Horace Osmond Tozer. Air A. W. Yortt appeared on behalf of accused and entered a plea of not guilty. Detective Russell stated that Air Tozer, a billiard marker, had had occasion to take some change from his coat pocket and had dropped a £5 note on the floor. Accused was seen to pick up a note and when interviewed later by Air Tozer denied doing so. Horace Tozer stated in evidence that he had bad occasion at about 3 p.m. Horace Tozer stated in evidence that he had had occasion at about 3 p.m. to go to his coat pocket to get some money. Later at 6 p.m. he found that a £5 note was missing. Witness later interviewed accused who denied picking the note up from the floor where it was presumed to have been dropped. Alfred YV'ard stated that on Wednesday, November 25, lie was in the billiard room. Witness did not see Tozer drop tbe note, but saw it lying on the floor. Witness saw accused stoop down suddenly, pick it up and put it in his pocket. Witness said nothing until Tozer discovered his loss. Cross-examined, witness said he was not actually certain accused picked up a£s note. He saw him pick up something where '-Tozer had been and presumed that it must have been the note.

Detective Barling said that accused, when interviewed, denied picking up the note, but said he had picked up a live match. He had cashed a£s note at 5 p.m. on the Wednesday, but said it was a loan which had been advanced him by a friend. This concluded the police case. AYilliam Alurray Alitree, a painter, said that on Tuesday, November 24, he gave accused a £5 note and told him to take £1 out of it. Witness could have changed the note himself, but did not do so, although he was in an hotel bar at the time. "Witness was employed on relief works. The Alagistrate said the evidence was circumstantial, but sufficient to warrant a conviction. He was perfectly satisfied that accused picked up the note. Detective Russell said drink was accused’s trouble.

Accused was placed for 12 months on probation, conditional on his handing back £5 at tbe rate of £1 a week. An application for the suppression of his name was refused.