THEFT FROM THE PERSON.

Poverty Bay Herald, Volume XLVIII, Issue 15774, 15 March 1922, Page 8

THEFT FROM THE PERSON.

A TOLAGA BAY CAS*

The hearing of the charge of theft against the native, Tukawhnia Reiliama, was concluded in the Supreme Court yesterday afternoon.

Mr .11. I). Chrisp (instructed by Mr ,). K. Kirk) appeared tor accused. The accused in his evidence said thai he could remember clearly what, had happened. McXeiil had asked him to g > up to his room, -No. 16, and had led him by the hand. Accused did not want to go in, hut McNeill pulled him in and requested him to sit on the bed. Then he made the improper suggestion, ottering him ss. Then McNeill threw him a bundle of notes, and told him to Lake what he wanted. Accused took charge of the notes, and McNeill said no more. Accused told him that, he was taking the money, and if he came over in I lie the morning he could get the money.

Accused, questioned by Mr Nolan, said that he had seven drinks that afternoon. Others had been "shouted" for him, but he poured them on the floor, lie did not like, drink very much. Mr Nolan : Yet you spent the whole afternoon there? —Yes.

His Honor: What is it that attracts him, the smell of the drink?

Accused. continuing his evidence, denied that he had accompanied McNeill to the saddler's. He also said (hat McNeill did not strike him in the room. When the constable interviewed him the latter frightened him. He did not, tell the constable that he had obtained the money from the Land Board. Some of the constable's statements in evidence were correct, and others were not.

Counsel did not address the jury. Mis Honor then summed up, stating that the second count, that of receiving money known to have been stolen, need not concern the jury. McNeill had evidently had a considerable amount of liquor, but the sergeant's statement was that he could understand all that was going on. It was not the usual tiling for a European to allow a native into his bedroom, though it was quite possible. If the native's statement about the improper was true, then McNeill was lying. However, if that statement were made, and the .native were a decent minded youth, it was extraordinary that he sliould remain in the room." If the native, at the first opportunity, had told the sergeant that he was keeping the money for-McNeill he would probably have been believed. Instead of that, however, he had claimed the money as his own.

The jury "retired at 4.35 p.m. and returned at 0\55 p.m. with a verdict of guilty. Before sentence was passed, Mr Chrisp, addressing his Honor, said that accused must at the lime he committed the theft have been under the influence of liquor. Mr Chrisp pointed out that he had not attempted to conceal the fact that ho had the money, but had promptly handed it over to the police. As accused, who had been on war service, had already been for some time in gaol, it was probable that he bad already been sufficiently punished. His Honor, referring to tho granting of probation to Maoris, said that they were in sucli cases inclined to think they had won, and to "swank" on the result of the trial. In this case, howex er, be thought that be would grant probation, for had the prisoner been) a European he would have got probation, and be did not, therefore, like to make a racial distinction. The Court's practice was to refuse probation where an accused went into the witness-box and told what the jury came to the conclusion was untrue, and in this case the verdict indicated the jury's disbelief of the native's story. Evidently, however, the accused was not too clear as to what actually had happened; The prisoner's war service in this case would be taken into consideration, but his Honor advised him not to believe that be bad won the case. He must not hang about hotels, even to spill drink on the floor—a statement which his Honor did not believe. If prisoner offended again after being admitted to probation, he could still be sentenced for his present offence. He would be'admitted to probation for a term of three years, ordered to prohibit himself during that term, and pay the costs of tho prosecution, £23 13s 9d," at £1 a month.