A MISSING COAT.

Poverty Bay Herald, Volume XLIX, Issue 16113, 30 April 1923, Page 3

A MISSING COAT.

ANZAC DAY INCIDENT

A native named Mark Nepia appeared before Mr. E. C. Levvey, S.M., in the. Magistrate's Court this morning, charged with the theft of an overcoat valued at £2, the property of Thomas Mawe. Mr. T. A. Coleman appeared: for accused.

William Swinton, stablekeeper at. the British Empire stables, stated; that on Anzac Day Mawe came into the stables and left his coat in witness' care. Accused! came in, and said that he wanted to .borrow a coat. He was told that there was no coat there for him. Subsequently the coat was missing. ■To. Mr, Coleman witness denied; that Nepia. took the coat in his presence. He did not know Nepia. had it until a stableman named/ Ginger said that he had seen it on Nepia. Swinton denied' that ho waa "fuddled" with liquor. Frederick Harold Ginger gave evidence fis to seeing Nepia about the stables. Xepia tried thei coat on, and then hung it- back on Lhei nail. Later witness saw him wearing the coal. Constable Thompson stated that Nepia had told him that Swinton had lent him the coat. When brought facei to face with Nepia, Swinton denied giving Nepia the coat.

For thct defence Mi-. Coleman explained that accused had! lent his own coat tr> another native, and hei wa.nted 1 on© for himself when, the rain 'came on. Swinton at first refused, but defendant went hack again, and! by that time Swinton was a little "fuddled" with liquor, and said that! Nepia. couldi havei the coat if he returned it soon. Accused had been perfectly frank about the whole matter.

Charles Westrupp, of Manutuke, ga.ve evidence as to borrowing a coat from Nepia, who statodl that he would! pet a coat from Swinton for himself. Swinton at first refused 1 , but later lent him One, asking him to return it. Swinton slated tha.t the coat belonged to yomeonc else. Mark Nepia, the! accused, also gave evidence as to seeinor Swinton, who at first said that he could not lend the coat. Jxiter he) went back and: saw Swinton. who, was a "hit muddled! tip." and he said that Xepia could have the coat if ho brought it back. He had' intended to come in on Thursday, but the cows got into his kumera patch, and' he had to stay and! fix up the fence. He decided to return the coat on Saturday, when ho had to come in. Ho duly came in on Saturday, did soma shopping, and thought that he had better have a, "spot" before hd returned the! coat. He had! just coma out of the Coronation hotel when ho met the constable, who asked him where he got the coat. Thomas Dennis, <i half.casta native, also supported Nepia's side of the ease. Ho said that Swinton lent Nepia. tho coat, telling him to bring it back as soon at nossihle.

His Worship paid that there was a doubt in his mind, audi ho would give accused the bnncfit (if it, An order would bo made for I lie return of the coat, to its proper owner.