TINNED DIAMONDS.

New Zealand Herald, Volume XXXIX, Issue 11854, 4 January 1902, Page 2 (Supplement)

TINNED DIAMONDS.

SEQUEL TO A CHARGE OF THEFT. Ok March 7 this year ; a valuable packet of diamonds was, missing from the office of Mr. Max Steyerman, a diamond broker, of 105, ; Hatton Garden, . and *■ the office ' boy, Joseph Giffen, was arrested, charged with the theft,' committed for trial, and finally acquitted at ' the Clerkenwell Sessions. Some months later the packet of diamonds was discovered at Mr. Steyerman office, concealed underneath a washstand. The boy Giffen a few days ago, in the, King's Bench Division, sued Mr. Steyerman for damages for malicious prosecution and false imprison- j ment. c-f:.' ; \ ': -;:';■' -.- : . V. .■■';.' - : \ Mr. Cannot, for plaintiff, said he was a! lad of 16 years of age. - Giffen went to the defendant "with excellent references. Plaintiff V duties were to open the . office :in the morning and place the letters upon the desks. The keys of the office he obtained at No. 106 by shouting; to the.housekeeper to let . down the " bacon tin," which was used as a kind of lift to .haul up letters, keys, and other things. One morning in March plaintiff received the keys from the ' housekeeper in this very curious way and opened . the office. When Mr. * Steyerman arrived :he asked if a registered letter had been delivered, and plaintiff answered in the nega- | tive. When the housekeeper was questioned I she first of all said there had been no such letter delivered, but later she said that she had given one to Giffen. A constable was sent for, and plaintiff was given into custody on a charge of stealing the diamonds. At Clerkenwell Police Court he was committed for trial to the sessions, where the j jury brought in a verdict of not guilty. Since then the lad had been unable to obtain any employment. In September, when the diamonds had been found, plaintiff applied to Mr. Steyerman for- a reference, but j [ the latter refused to give one. * The missing j packet was discovered in a rather strange | way. Whilst v. room'. on the third floor, j which was very seldom used, was being cleaned out the packet was seen lying unopened underneath a washstand, and in a very dirty condition. Nothing was said by defendant to the lad about the discovery. ! Giffen's prospects in life had been very ser- | iously!; injured v-y the false position in j which he had been placed. ... 1 Joseph Giffen said he had been unable to j obtain a" situation since the disappearance j of the diamonds. The housekeeper never J handed him the packet. , f Cross-examined, plaintiff denied that two I or three days previous to the loss of the I diamonds he overheard a conversation be- 1 tween his employer and another gentleman 1 concerning the sending to Mr. Steyerman of, | a valuable packet of diamonds on a certain | day.- •' y \ '.; Mr. S. T. Evans, K.C.: Then you did not know that the packet was coming? ] Plaintiff: No. :• i When you turned your pockets out at the j police station you took care to forget one? { No. ''■■.', .-■' " ; Y"-■■""'. ' Well , a ruby was found in one. of your pockets? Yes. Why didn't you turn that pocket out? I forgot it. * • ' ' And you had a sapphire in that pocket as well? Yes. Did you forget that? It was in the same place as the other. But there was still another precious stone in that pocket? Yes; a white ; one. ■'-.-. A diamond, perhaps? Yes. : Where did you get these precious stones from? My mother gave me the stones and asked me to make inquiries in Hatton Garden as to how we could have them made up.-.-- - - How do you think the diamonds got under the washstand? I couldn't tell you. You could have put them there if you had known where the key was? Yes.* Mrs. Carter, who was employed by defendant as a housekeeper, spoke to finding the missing packet of diamonds covered with dust and dirt. Witness and her husband lost no time in taking the packet the same night to Mr.. Steyerman's residence at Maida Vale. .'.-■• ( For the defence Mr. Evans, K.C., submitted that there being no absence of reasonable probable cause in the mind of defendant when he charged the plaintiff with the theft of: the diamonds the action for malicious prosecution could not lie. This view .was upheld by the judge, and the question of false imprisonment was then gone into. ..?, .:-.!....'>..'- , v Mr.. Evans contended that, as a felony had undoubtedly been committed by somebody, defendant was justified in the course he took. . , " v : ' • The. jury found that a felony-had been committed, and gave a verdict for defendant with costs.