DRINKING BOUT’S SEQUEL

Poverty Bay Herald, Volume LIV, Issue 16807, 21 November 1928, Page 2

DRINKING BOUT’S SEQUEL

I theft OF £3O ALLEGED , Y * ■ '' "« : SPANIARD ON TRIAL |: ' ' The sequel to a drinking bout was heard in the Supreme Court to-day before His Honor Mr. Justice Ostler and a jury of 12, when a Spaniard, Martin Lopez, 39, was indicted on a chargei lof theft. The accused was alleged ; to have stolen £3O in money from the; person of James Nelson at Gisborne on or about September 5. Accused was also charged with receiving the sum of £3O, knowing it to have been . stolen.

\ The Crown was represented by Mr. I ; P. W. Nolan, and Mr. L. T. Buraard appeared for the accused, who pleaded |§ : . not guilty. ' !■ The following jury was empannel- • led: Walter S. Alien (foreman), John G. Bloore, William Walker, Joseph fe Graham, Alexander P. Pietcher, Cleeve Hil'yard, John M. Park, Cosmo P. Humphreys, Sydney Lette, William E. :/ B. Froggatt, Percy A. Beale, and Robert Bull. The Crown Prosecutor explained ; f that the second charge was alternative to the first, and if the jury were not satisfied that the prisoner was guilty on the first count, they should J have no difficulty in arriving at a verdict of guilty on the second. The case was a familiar one to New Zea- ! land juries, being one in which a man, after working for a long period in the country, came into town and proceeded to dissipate a cheque for a considerable sum of money; but it differed fi\Mn the majority of such cases, in that the complainant was apparently sober when the .offence was allegedly committed. Mr. Nolan continued p to outline the evidence that would be I adduced for the prosecution. James Renwiek Nelson, laborer, stated that prior to September 4 he | had bePn working at McDonald’s mill. and on September 4 he came to Gis- !; borne, going to the Royal hotel, where he booked a room. He had with him about £46 10s, comprising a cheque for £34 8s and a cheque for £4, and notes and silver. After booking in at the hotel, he walked to town to f purchase a bottle of whisky, which he he had promised to send to a friend at Bakauroa. He had very few drinks, and met a friend named Lawson, who i introduced him to a woman in the main street just after he hud purchased the bottle of whisky. At that time witness had not cashed his cheque. The woman accompanied him in a taxi to the railway station to send off the whisky, and they then i drove back to town, and witness cashed his cheque, taking three £lO notes, one of which was very large in size, and the balance in single notes and , silver. This done, he went up the street with the woman to the Royal hotel, where they arrived about 2.30 or 3 p.m. They went into one of the side rooms at the hotel and had some drinks, remaining until nearly closing time. The- woman got £.l from witness to get a bottle of gin, and she then took him to a hut. Witness remembered nothing more until the following planting, when he found him ; self in the hut, and was informed by the accused that the woman had left at 8 or 9 o’eloek the previous night. ; After witness awakened he asked .Lopez to get him a bottle of whisk)’. V giving the accused £1 to get it. It was then between 7 and 8 a.m. Witness had £ll loose ip his pocket when he went into the hut, bttt when he awakened he found only £2 in his pocket. Lopez brought’ back thr» bottle in a short time, and witness bad two small drinks, be thought. Lopez told him that the Royal hotel . was just over the road, and so wit- 1 ; ness told him he could do what he * liked with the whisky, as he was / going over to the hotel. Witness took out of his pocket the tin i containing the three £lO notes, and look ed at them before returning them to his hip pocket. Lopez saw them, and said: “You’re very financial.” Witness replied: “I’m not exactly stiff vet”—alluding to the money missing from his other pocket. Lopez asked I" if he could assist witness to put on I “his raincoat. He did this, and while helping witness into his coat witness felt him at his pocket, and was going to turn round and speak to him, but thinking it was his knee that had bumped him, witness said nothing. He then went over fo the Epy&j hotel by II himsblf,. saying nothing more to Lopez before going, A short time afterwards, while in the .hotel, he felt . in his pocket and found that the box and the money had gone. He got the '• proprietor, Mr, Martin, to ring up the police for him, There was no one else but Lopez in the hut in the morning. Sate-: TL _ - _ _ ... . _ .

PTo Mr. Burnard, witness said he had .£lO nr £ll in his pocket in addition to the £3O when he was in the hotel the previous evening. As far as he knew, witness gave the woman only , £l, with which she was to get a | bottle of gin. t Bose Gertrude Joffcott, sometimes known as Palmer, a cook, stated that she was introduced to Nelson by a man naraejl Lawson, at about 2.30 pan. on September 4 by the Royal hotel gate. She and the two men went into the. hotel find had a drink, and Nelson then said he would have to draw some money from the bank. As he was a '" Stranger to the town he asked witness to go with him, apd together they went to the Bank of New Zealand. Witness did not go in with him, but ; When he came out they went into the Coronation bottle store and Nelson S purchased a bottle of whisky. They then went down to the station, and Nelson sent the -bottle away by t.-r.a.ir,.. After that they drove back *to the Royal 'hotel, whore they arrived at about 4 p.m., and after dismissing .the tatl they went into one of the aijie rooms and remained until nearly '(! p.m., having two or three drinks. Bell for® they left Nelson put £1 on the table and told witness she could have a bottle of gin Or whisky. Bhe : goi a bottle of gin, and the change was givep to Nelson Ivy the porter. Nelson suggested that they should go to her place, but she suggested that they should go over to the hut occupied .by Lopez. They went over., taking the gin with them, and Lopez was there when they arrived. About 20 ’.minutes after they got m the bottle was opened, and witness and the two men had two drinks eaeh. Nelson was not drunk, and appeared to witness to be .quite .all right. Witness; ‘left at about 7.30 or 7.4:1p.m. Nelson was jovial then, but sober, and Lopez ' was also sober. Nelson gave witness no money during the afternoon, and it was he who suggested getting the gin for witness and himself; he took the £1 from a roll of notes. (Proceeding.) ; ■ ■ _ _ ■' _