CHARGE OF THEFT.

Northern Advocate, 15 December 1916, Page 2

CHARGE OF THEFT.

A WHANGAEEI CASE.

ACCUSED COMMITTED.TOE TEIAL

Before* Messrs W; Chadwin find G. H. Chisseli, J.'sP; at the Whangarei Magistrate's Court this morning,- Herbert Pyke appeared on remand from yesterday on a charge of stealing the sum of £6 from the person , b* JSM Sweeney, in Whangarci on the 13th inst. After the ease had been outlined by Benior-Sergeant Moore, the evidence of three witnesses was taken.

John Sweeney, a burly native, a timber worker in Whangarei for Messrs Lamb and Parker, testified to receiving a cheque for £11 as wages, from'hie employers on the 13th inst. Hβ clanged the cheque at Wallace's, where he paid £4 for an account due, receiving £7 in £1 notes. He used £1 to pay off small accounts. The. notes and two or three papers were rolled,-up,jnpne bundle. Witness went into the comer bar of the Settlers' Hotel for a.'drjnk and saw the accused there with several other men. They were not : near wituess at the time, but went close to'him later. Witness felt a man's hand fumbling at his pocket, and noticed accused's face particularly, but aaid nothing at the moment. The fumbling took place a second time, but was again disregarded. Accused then gave witness a practical illustration of jujitsu, lifting up witness' arm, and then went otuside. Acting on previous suspicion witness examined- his pocket and discovered the contents were gone. He rushed to the front door first, but, as he could not see the accused, went to the back yard and saw accused with a man named Jones. He charged accused with taking the money and felt in accused's pockets, despite strong resistance offered. Accused denied taking the money. When witness felt

the notes in accused's pocket he gave accused several blows until he stood still and gave him no chance to get away. Accused could not fall because he -was held up against a wall. Witness had no time to bother about ca}}» r ing the police; he thought might have got away in the meafl-' time and concealed the proceeds of toqf theft. A barmaa of. the hotel was present throughout the baelc-yard incident. Witness identified! the notei;, and papers, which he had placed in keeping of the barman after recovering them from accused. Pyie was unknown to witness. At this stage, on accused's request, all the other witnesses were ordered.to leave the court. Continuing, witness said that he supposed accused had his eye on the roll of notes when witness pulled them out to pay for his drink. - In reply to accused witness said that jhe did not notice the time when he went into the hotel, and accused waa not in his'company. "Do you know when I went out of the bar?" asked accused. "Yes, when you got the money," replied witness, and it wasn't: two minutes before I was after youv. I said 'You got my money,' make sure it was in your pocket and then struck you. I struck you again till you stand 'still. When you drop down by the wall you make a dive for your pocket where the money was, but I get there first." ' '.

In further answer to accused the witiess said that he did not charge Jones vith the theft. Hβ recovered the •noney from accused, and "that was all he wanted to know about it." To Senior-Sergeant Moore: He did ■iot suspect anyone except aceiised, nor lid he charge anyone else with taking the money. Daniel White, a barman at the Settlers' Hotel, gave evidence in general corroboration of the previous witness' statements. He was on duty in the public bar from 6.10 to 8.30 p.m. on the 13th. Both Sweeney and the accused were in the bar, standing together, when /witness went on duty,, and were practising ju-jitsu ■.• in a friendly way. Three or four, minute's* later accused left the bar suddenly.,leaving Sweeney, who called for a drink, but found that he had no money to pay with, and first looked on the floor. Failing to find his money there he rushed from the bar into the backyard, witness following him. Sweeney hit accused about five time, and.after knocking Pyke nearly h<sensible secured the roll of notes aud papers and flourished them with the remark that, he had got his money beck. In the bar a little later, Sweeney handed Ihe notes and papers to witness, who too'c them iv the prescw-e of two other per? sons, subsequently handing them to Constable Paine. Wtness had knoWn Pyke and Sweeney for- about two months. They wre both perfectly sober on the occasion iv question, and witness did not serve either o? them with a drink.

Replying to accused the witness said that he was present the whole tinip of the occurrence in the back-yard and he could not remember Sweeney going over to Jones. "J saw Sweeney put his hand in your pocket," said witness, "and take out the roll of notes and hold it up in the air, and that! willpositively swear." Constable Paine testified to receiving complaint of a robbery by John Sweeney at 6.45 p.m. on the_l3th, and to visiting the" Settlers' Hotel and receiving the notes and papers from White. Acting on the information received at the hotel witness proceeded to the home of accused in Clyde street and arrested him on the present charge. Accused denied taking the money and said that he chanced to pick it up from the floor. The face of accused showe i indications of having been struck. After the customary warning tit I been road, tho accused intimated tic f. he did not wish to make any stai -• inent in the matter and would reserve his defence. ' ' Accused pleaded not guilty and v•'->: committed to the Supreme Court in Auckland for trial. ■ Bail was asked for by accused, r I Senior-Sergeant Moore requeued t' it, a substantial amount be'fisH . Bail was £ zed at fjjLQCt in a,!.\ .■■;>; sureties of £50 ~