SUPREME COURT

Nelson Evening Mail, Volume LVI, 17 June 1924, Page 5

SUPREME COURT

NELSON SESSION

The usual session of the Supremo Court opened in Nelson this morning beforo his Honour, Mr Justice Reed. The lolbiAVin,.; giand jury was called : J. T. Radford, E. H. Gill, A. Malcolm, W. 11. Alborough, A. A. Grace, P. E. Barnett, K. S. Farmer, J. M. Stringer, R. Peppin, C. A. Robinson, E. D. Barry, 11. Neale, S. C. Lovien, J. C. Coote, 11. Knight, H. V. O’Beirne, A. Millar, H. J. Savage, E. P. Liddell, 11. Croucher, J. Scott, E. H. Thompson, W. J. Stewart. Mr Grace was chosen foreman. In his address to the gtancl jury Ills Hon our said he was pleased to say that, their labours Avould be light on this occasion. Tavo indictments Avould be laid before them and from the point of the < r rand jury would present little difficulty. His Honour then went on to shortly revicAV the facts of the indictment against Victor James Crawford, charged Avith the theft of money, and that against Claude F. Hyland, charged with the theft of three cheques. The grand jury then retired. True bills were returned in each instance.

REX V. CRAWFORD

Victor James CraAvford was then charged with on or about 17th May, 1924, at .Motueka, stealing the sum of £2s,’the property of Chas. 11. Ricketts. Accused pleaded not guilty. The following jury Avas empanelled: G E Tail, H. Simpson, T. W. Moorhouse’, R- N. AndreAVS, N. B. BroAvn, M. O’Sullivan. J. Flo Aver, C. Abraham, A. II Tee, F. H. O’Brien, A. E^,..Gibbs W. H. Newman. .Mr O’Sullivan Avas chosen foreman. Mr C. R- Fell appeared for the CrOAvn. Accused was not represented by counAftcr outlining the case for the Ciown Mr Fell called Chas. Henry Ricketts, sawmdler and farmer, Gownn Valley, who said that Avliilo motoring to Motueka on 16th May, he met accused on the road, and gave lum a lift. At Motueka fi at night they engaged separate rooms at the hotel. On to his room accompanied him. Witness rmt into bed, there being five £5 notes i-nd a few shillings in his pockets. Accused Avent doAvn to get a corkscrcAA- to open a bottle of beer, arig Avhen he returned he asked Avitnoss Avhat the nan with the heavy moustache and rhe grey suit Avas doing in the room. Witness said he had “rats,” and that no one had been there. "Witness then went to sleep and on awakening the next morning found accused alongside him. Witness’s clothes Avere turned ii side out ,and the money Avas missing. Ho taxed accused Avith the theft, but he denied taking it. Accused questioned AViitness concerning the number of drinks they had together during the day; but Avitness denied having had more than three. Witness denied inviting accused to share his bed in order to save me servants trouble; and stuck to lus original statement that ho taxed accused with the theft as soon as lie discovered tlie money was missing. The door of the bedroom avus not locked tl at night. He denied he Avas drunk that evening; or that on the following morning he pulled out a roll of notes from his pockets and gave a man ,2s. Constable AndreAVS, who was not called in the LoAver Court, said he iutervieAvod accused on 17th May, who offered to make a statement (produced) and be searched, denying all kr- oAvledge of the theft. "Witness searched every article of clothing, but found only 23s 7d. The statement detailed the number of drinks accused lad had during the day; and also mentioned that he had met a tall man coming out of Ricketts’ bedroom when "he (accused) was' returning with a corkscreAV.

A. J. Oakley, driver of a passenger car, stated he picked up accused at Motueka on 17th May. He drove him to the Wakatu Hotel,. where accused ofered to shout, taking out a number of notes and silver.

S. F. Mockett, licensee of the Aiou-tere Inn, stated he changed a £5 note for accused on 17th May ; and a Scrimshaw, barman, Railway Hotel, Richmond, deposed that he also changed a £5 note for a man who got oil the car; hut he could not recognise Kim again. One of the notes (produced) was similar to the ones he gave as change. Constable AlcKie stated that he visited accused at the Wakatu Hotel on ike evening of 17th Alay, when lie at first said he had some notes up in his room; but later denied that this was so, after having previously visited the lavatory. A search failed to pioduce any money beyond £2 7s lOd, \ hich accused had in his pockets. Later in the evening, accompanied by Constable Hall, accused was again i/ tervieived, when he made an excuse to go to the lavatory. A few seconds later Constable Hall came back with a roll of notes, of which accused denied nil knowledge. \ Constable Hall deposed to having found eight £1 notes behind the cistern in +he lavatory of the Wakatu Hotel shortly after accused had left it. Accused strenuously denied having stolen the money. To accused: You had had liquor, but were not drunk. This was the case for the prosecution.

Accused entered the witness-box and gave evidence on his own behalf. He stated that during the day and evening he and accused had had a good many drinks; in fact, he did not remember"having his tea that evening, it was at Ricketts’s suggestion that v.itness shared the room. When coming upstairs with a corkscrew witness said he saw a man wearing leggings, vho said, “Have you a drink for him, Digger?” And witness answered yes. li. the morning Ricketts informed him of the loss of £25. When searched by Constable Andrews, he bad money on him which the constable missed. He did not tell him this. His Honour: Why did you not do .SO ?

Accused: I did not think it was necessary. His Honour: How much did you have ? Accused: Two £5 notes and a £1 note.

Continuing, witness said he could not remember very well what ho said in the statement to the police. Cross-examined: Ho was sometimes known as John Arthur Crawford, which was his right name. Previous to gf ing to Alurcbison ho had moro than £ll, which ho had earned coalmining on the Coast. He had stayed a night ■: - Glonhope, but had left without paying his hoard, as it had been his intention to return there.. He admitted under pressure changing £5 notes at the Moutere Hotel and the Railway Hotel. Tip had denied this to the Police, but ras hardly responsible for what he

said at that time, as he had been drinking. Ho admitted having been in gaol for disobedience of a maintenance order in respect to liis wife. He had “ideas of liis oivn” as to Avhy lie changed the £5 notes. He did not remember telling the constable at the Wakatu Hotel that ho had notes upstairs or that ho had placed the notes behind the cistern. He admitted serving terms of imprisonment at Goro, Wellington, and Palmerston North for theft.

Speaking to the jury accused said there Avas a doubt according to Ricketts’s oavh evidence, whether he had the money. No one saw him (accused) take the money nor was it found on him. He did not doubt that he had changed the £5 notes; end AVent on to point out that the barman at the Hailway Hotel had" failed to recognise him. The Crown Prosecutor did not address the jury. liis Honour very briefly summed up. and tin: jury retired at 2.55 p.m. (Left Sitting.)