S.M. COURT.

Patea Mail, Volume VIII, Issue 41, 1 April 1895, Page 2

S.M. COURT.

Friday, March 29th, 1895

(Before R. A. Adams and E. M. Houeyfield, Esqrs., Js.P.) Police, on the information of Harry Jordon, v. George Oldham. Mr G. D. Hamerton for defendant. Defendant was charged with stealing a gold pin of the value of £4 the property of the informant, and pleaded Not Guilty, the answer being that defendant had bought and paid for the pin. Constable Carr conducted the prosecution, and, in opening the case, sail he had dispensed with a lot of evidence which he had obtained in tracing the pin, as the accused admitted that the pin he bad in his possession was the pin which Jordan claimed as bis; and the subject of the castj: under the circumstances, the tracing evidence, was unnecessary. He then called— Harry Jordan, who, sworn, said : He

bad been employed by Mr Oldham last summer, and when leaving missed certain articles from his portmanteau. The articles missed were a gold pin and a £1 note. The pin went sometime between the 15th December and the llth March; that was the time the portmanteau was there. lie had no occasion to look through the portmanteau during that time, so could nob say the time the pin was taken. The brooch produced was the pin missing, only altered to a brooch. He never sold the pin or offered it to anyone. To the Court; I reported the loss to Constable Carr, and be traced it to accused. 1

Cross-examined by Mr Hamerton; I worked at thb Meat Works from December to March. I loft last Monday week. I sprained my back and was under the doctor, and not feeling fit for work was absent two days. I did not tell Oldham about my sprained back until six weeks after it was done. It was not bad enough to be off work; but I was ill otherwise. There vvasnot attbe tune of my leavingany friction between Mr Oldham and myself. I had had two sprains in my back at that time. The pin and £1 note were nfl the cause of my leaving. As soon as I diss

covered the loss of the pin I reported it i n Oldham. Ho asked if I had mentioned it to anyone; I said I had spoken about it. Oldham said, ‘-Go straight and tell the police, and don’t say a word about it to anyone else.” I have no key of ray room ioor, but I have one of the house. G.

Oldham, or anyone else, can get in at any time. I have been instructed by Mr Oldham more than once to lock the door, but I did not do so. I could not say how many persons have been about the works during the time ; they are always coming and going. Ido not remember G. Oldham coming into my room during the first week in February. I know Edward Williams. I do not remember him coming to my room daring the first week in February. I swear Williams did not come to my home early in February. G. Oldham did not come in when Williams was in about buying a watch. I was negotiating with Williams about the sale of a watch. I don’t remember looking for a certificate for the watch. I did not borrow money from G. Oldham; he never lent me a penny in his life. I never told him ‘ not to let the boss see it.” I remember being at Alton about the creamery. Oldham was there; he had

not the pin on then. I said nothing about the pin to him. I never said, “ I see you have it on;” I never demanded the pin of him; I never had a conversation with him about it. I havo not sold a watch to any one since I came here. I never had a watch made by Coltman. When I bought the pin it was new; I gave £3 for it. I have sworn to its value now as £4 because I would not take that for it. To the Court: I am not aware that accused ever saw the pin while it was in my possession. I had no suspicion whatever about him.

I Constable Carr, sworn, said : Informant , came to the police station during the week before St. Patrick’s Day, and said he had lost a gold breast pin and a £1 note. Witness made enquiries and found that Mr Kiely had had a piu answering the description he gave, to alter into a brooch, and he had done so. fie told this to the informant, who at once laid an information against Gr. Oldham. The information was sot down for hearing on the 26th inst,, but there being only one Justice the case was adjourned until to-day. To the Court: I served the information on accused personally, I did not know him at that time, but met him by the factory and asked if he could tell me where George Oldham was, and he said he was G, Oldham. When I served the summons he only whistled a bit of a tune

and did not say anything. | To Mr Hamertop; 1 can hardly say ■ this is a police case, as the information I was laid by the informant; but the police : always assist informants, | The informant here asked for an adjournment to enable him to obtain ! counsel; but after some argument the j Court declined to grant it. j This closed the informant’s ease, I Mr Hamerton then opened his defence, . and called—

G. Oldham, who, sworn, said: He knew informant, who had been employed at the Meat Works since December, and occupied a room at the back of the office. Nobody else occupied the house. The front part was used for stores. Men at tho works

had sometimes reason to go there for

stores, waste, etc. He had to go there sometimes, He lived at the works, but did not stay in that house. He remem - bered going into informant’s room about the first week in February; it would be about seven o’clock in the evening. Jordan asked him to lend him some money, He said he had not any. .He tfieu asked him to lend him £3 on a gold p,in. After a while he agreed tq lend £2 lOs on it, and tqok the pin. He saw Jordan on the Sunday following the next pay day, and asked him for the £2 10s and take back the pin. Jordan said he had only a few shillings eft to see him over the fortnight till next pay day, and said, “ Why qqt keep it F” He replied that It was of no, us? to him as be would get into a row if the b boss ’’ saw him with it on. After i

further talk they parted, and he kept the pin, and had not been paid, or offered, the money back. Ho wore the pm afterwards. He wore it on one occasion at Altpp m fhp presence qf informant. They had tea together at Alton. When they went out after tea Jordan said, “ I see you have it on.” Ten or twelve days after this he took the pin to Kiely’s tq have it made into a brooch. I|e had no reason for hiding the pin, and did not attempt to do so. He was served with the information about noon op Monday, Jordan was in his father’s employ when he saw him at Alton, but nqt when he Jajd at

about twenty men employed at the works; several have left since Christmas, and some have been taken on since then. To the Court: Williams was present when Jordan asked me to lend him the money. I should think he must have seen me give Jordan the money. NVoue but Jordon and myself were presentpmen he said, “ Why not keep it I got the pin about the first week in February. Constable Carr did not cross-examine the witness. Edward Williams, sworn, said : He had been employed by E. Smith as slaughterman at the Meat Works for about three months, ani knew both informant and accused. About the beginning of February he was in negotiation with informant for the purchase of a watch, and went with Jordan into his (Jordans’) room about it No one else slept in the room but Jordan. When speaking about the watch, he asked for the usual guarantee, and Jordan looked in his trunk to find it. hut could not. He took out a gold pin and shewed it him—the one produced is the one, altered to a brooch. G: Oldham came in then, and Jordan offered to sell him the pin for £3. Oldham said he hadn’t £3 on him, but after some talk, Oldham gave him £2 10s, and took the pin. He saw both the money and the pin pass. When witness left ho said he would see Jordan again about the watch. He had nothing whatever to do with the pin. He could tell the Court distinctly that he saw the pin handed over by Jordan to Oldham. Ho went to Alton with Oldham about five or six weeks ago—sometime in February. They were going to Hudeyville, and stopped at Alton on the way and had tea at Donovan’s. Jordan and R. Canty had tea with them. He saw the pin in Oldham’s scarf then ; he could not be mistaken about it. He had nothing whatever to do*with Mr Oldham; he was employed by Mr E. Smith. Cross-examined by Constable Carr: I was present when the pin was handed

over ; I would not Ira sure whether it was a f ‘ clean sale,” or only a loan. I think it quite likely it was only a loan. To the Court: 1 say distinctly that Oldham wore the pin at Alton in the presence of Jordan and Canty. I was at on 1 * time a .room with a circus. 0. W. Oldham, sworn, said: He knew the informant, who came to him as a “ fitter.” Ho remembered when he had

been off work for two days. He came back and said he had had a strained back, and* asked, “Svhere am I now ?” Witness replied, “You are off.” Shortly after that, Jordan said he had lost a £1 note and a gold pin. He bold him not to say a : word to anyone about having lost it. but to go straight to SCarr and tell him, so

’ that he would be first on the track. Jordon i said he had mentioned it to some of them. ■ Jordan said nothing about either pin or monev until after he was told that he was “off.” Jordan has the key of the hack door of his house, and the front isjfastened with a patent lock. Only one or two of the men are ever allowed to go into that house, and then only when specially sent for stores. He heard no more about the pin until his son shewed hirajthe “information.” Cross examined by Constable Carr: My son was getting £l a week but was only allowed to draw ten shillings. The £2 10s would practically, mean five weeks’ savings. I had been dissatisfied with Jordan’s work for some time. I never heard anything about a sprained back, or being ill nritil I told him he was “ off.” Constable Carr then called— Richard Ramsey as a witness, to rebut j the evidence given by Williams, who said,

ae was was not at. wont now tor Oldham, but had been. His evidence was to the effect that he had heard Williams (the. previous witness) say that G. Oldham gaye ten shillings for the pin, and on the pin being found they had wondered whether any evidence of the sale could be abtained; and it was said that no evidence of a

brother (your own blood) would be of any value, and so outside evidence was necessary. He had talked over the matter with informant, but only just “ this and that ” had been said. He admitted in cross.

j examination that he had heard all the evidence given, and when they went out of Court he had[ told Jordan it was all a pack of lies. He bad loft Thursday morning, being dismissed on that date. He had told Jordan about this. There was never any suggestion that the pin was not bought; it was only as to whether 10s or £2 10s was given for it. file bad served as clerk in Laery and Co.’ office for three years, and also at Winders’ and Myer’s. he had been with Oldham sine® the loth January, and was told on Thursday (28tb)

he was not wanted any longer. It was possible he felt a little a/ngry about his dismissal at the time, but he didn’t then. Court was adjourned till half-past two. On the of G. Barnett, who lived for some time at Whenuakura, was taken to the effect that he had seen G. Oldham wearing the pin produced when “ dressed,” after work, to oome into town in an evening, and one occasion Oldham had shewn it him when

ho was not wearing it; he had it in a little case; this was probably five or six weeks before. To the Court; No one had spoken to him about the case before Court. p R. Canty, who had come in from Alton, gave evidence to the effect that he wasAt Alton when Oldham and Williams cameout, and had tea with them at Donovans. On that occasion G.lOldham wore a breastjpsp like a horse shoe in. he believed, a white tie. Oldham and Williams stayed at Alton about half an hour and then went on to Hurleyville.

To Constable Carr tlio witness said he was sitting; opposite Oldham at the table and was able to see whether he had a breast' pin or not. Ho had never seen Oldham with it on before, and that was what made him notice it. Mr G. D. Hamerton shortly addressed the Court, after which the Justices retired toiconsider the evidence.

After nearly an hour’s absence, the Justices returned to give their decision, when Constable Carr said be should have to give Mr Hamerton another surprise, as he wished to call another witness. After a short delay James Mercer was sworn and said: When Canty rode into town he saw Mr Oldham (> eior) go up and speak to him by thq I 'test Office, and then Canty rodg found the front of the Albion to the biokyafd; and Oldham went in the back way and spoke to Canty theve. Orosssexamined by Mr Hamerton : will swear that I saw Mr Oldham spe-ik to Canty while hq was on his horse in front of the Post .Office. Oldham went into tfio backyard with Canty. I can’t swear.that I saw him go in there, but I was told he did. * L Mr Hamerton then asked to be allowed to give rebutting evidence which, beirm allowed, ’ 0 0. WOldham was again put under

mmiuahon on his former 6atV. and said was waitia|Vit'k bytljs

Post Office corner for the Court to open, and was just saying to his solicitor that Canty should be coming, when he saw him riding down the road, and he mei ely stopped out into tbe road and told Canty to put up his horse and hurry up. He was some distance away when he spoke, I v and everyone could hear what he said. V" He never went past the centre of the street, which he could instantly verify by plenty then in Court who were standing about at tbe time. The Bench did not consider further > evidence necessary, and proceeded to state that they had taken much greater pains with this case than was usual, as it was one of those cases in which the evidence was of a very conflicting nature. One side swore positively one way, and the other was just as positive tbe other way. The evidence of the informant, except in one instance, seemed to be very straightforward; but the weak part was that tliere was no evidence to corroborate it in any one instance ; and although the state raents were made in a fairly si reign forward manner, there were many weak points. The Bench considered one very weak point was the absence ofany co-orbi-rative evidence in support of Ramsey s stitement. , .. The only |witno.B3 in co-orboraoon of the accused’s evidence was _ Williams, and the defence was a denial ot the whole statement of tbe informant ; but they thought the evidence was in favour of the accused; and taking in o consideration tbe very serious nature ot the charge, and tbe serious effect it would have in branding a young mau for life, there should be much stronger evidence than had been brought forward to substantiate the charge. They were of opinion that tbe weight of evidence was certainly in favour of the defendant, and the case wouldlconsequently be dismissed.