AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLIX, Issue 14927, 27 February 1912, Page 5

AUCKLAND SUPREME COURT.

BUSHMAN'S COSTLY SPREE.

TWO THIEVES SENTENCED.

The criminal fittings of the Supreme Court were continued yesterday, Mr. Justice Chapman on tho bench. Hon. J. A. Tolo K. 0., appeared as Crown Prosecutor. The first case called on was a charge of theft from the person, preferred against two young men, Thomas Charles Webster and Joseph Nicholls. Webster was defended by Mr. R. A. Singer. NichoH? was not represented by counsel, but both pleaded not guilty. A young'bush labourer named Edward Alfred Lynch came down from llawein? on January 17 last, having in his possession some £30 in £5 notes, gold, and silver. He knocked about town with some of his mates drinking freely; eventually he found himself at the Carpenters' Arm? Hotel, Grey-street. There he met the accused men and others, and apparently he treated them liberally to liquor. He alleged that while in a passage Webster deliberately put his hand into his (the com' plainant's) pocket, and pulled out two £5notes. Ho mado a grab for his money and got one of tho notes back. But Nicholls then came into the passage and snatched the nolo that Lynch had secured from Webster. A constable found Webster at midnight in his lodgings, also situated in Grey. street. The constable had a considerable amount of difficulty in obtaining admittance to Webster's room. Ho had to get into the next door house, and from an upstairs window got along the verandah until be got to tho window of Webster'? room. Ho found the accused in bed, and feigning sleep. The bed had been shifted from its usual position, and placed across tho door, with a chair jammed between so that it effectually prevented the opening of the door. Webster, in answer to the constable's questions, said he knew nothing of the theft of Lynch's money But when Nicholls was arrested tho following day he mado a statement to the police, in which he endeavoured to incriminate Webster and to disassociate himself from the crime in any respect. Nicholls went into tho box and swore that tho statement which tho constable had put in evidence as having been made by him was a pure invention by the constable. Ho might have answered "yes" or "no" to questions put to him, for he was stupid with drink. Ho could neither read nor write. "What." asked Mr. Tolo, in astonishment. "Do you mean to say that yon didn't sign this statement?" " Well, the constable must have held my hand. I was too drunk to have written it myself. I can only just write, my name when sober." "And you mean to say tho constable invented all that is contained in this statement—all about Webster telling you he had 'found a mug?' and tho other slang phrases of thieves?" "Oh, they'll do anything to get a conviction." "Do you know the meaning of those slang phrases 'cutting his win' and ' finding the mug?' " " No, I don't know anything about " cutting a win,' but 1 know that a ' mug 1 is a china thing." (Laughter.) " And you deliberately etato three constables invented tho ' statement?' " , (> Prisoner (with emphasis): "Yes, I do." The Crown Prosecutor (meaningly): I'm afraid we shall have to hear of you again. Mr. Singer called no evidence, but addressed the jury, contending that Webster's behaviour all through the piece was that ol an innocent man. His Honor summed up, and tho jury, after deliberating for about half an hour returned with a verdict of guilty in each case. Tho prisoners had nothing to say why sentence should not be passed. Both their records were distinctly discreditable. His Honor sentenced Nicholls to two years' imprisonment with hard labour, to bo followed by three years' detention for reformatory purposes. _ Webster was sentenced to one year's imprisonment with hard labour, and subsequently three years' detention for reformatory purposes.