ATTEMPTED THEFT.

Sun (Christchurch), Volume VII, Issue 1871, 12 February 1920, Page 8

ATTEMPTED THEFT.

INCIDENT ON RACECOURSE. William James Walker, alias Geo. McCabe, alias George Garrick, alias Geo. Williams, alias —-. Dalrymple, alias Geo. Hyan, a young man, pleaded not guilty, in the Supreme Court this morning, before his Honour Mr Justice Herdman, to a charge of attempted theft from the person of Frederick Nelson, on November S, 11110.

Mr A. T. Donnelly appeared for the Crown, and Mr C. S. Thomas represented accused. Mr Donnelly stated that the facts were simple. On New Zealand Cup day, at Ricearton, a farmer, named Nelson, deputed a man, named Tisch, to purchase race tickets just before the totalisator was closed for the Cup. Nelson was accepting the tickets when he felt a hand in his hip-pocket, and instantly grabbed it. He came face to face with accused, who made off through the crowd. The act was witnessed by Tisch, and both men chased accused, of whose identity they had no doubt. ■ Frederick Xelson made a statement on the lines of that made by Mr Donnelly. A whole crowd joined in the chase, and a returned soldier held accused up, the police taking charge. The lining was pulled out of the pocket.

His Honour: You are sure the man in the dock is the man? Witness: No doubt in the world. You could travel the world and not find another face like that. It is pock-marked. Norman Tisch, of Upper Ricearton, gave evidence regarding the purchase of the race tickets. Nelson took the tickets and turned round to walk away, and accused put his hand in Nelson's hip-pocket. Nelson wheeled round, and said something about a hand being in his pocket. Accused bolted, and witness and Nelson gave chase. Witness had no doubt concerning accused's identity.

To his Honour: Accused ran very fast. Constable Roberts said that accused made no reply when charged with the offence. lie said, when being escorted to the police-station, that he wanted to back Vagabond.

In addressing the jury, Mr Thomas referred to inconsistencies apparent in the evidence tendered by Nelson and Tisch in the lower court. Now both witnesses told a story which approached nearer to unanimitv.

liis Honour, summing up, said that the jury must not be too analytical with regard to the evidence of Nelson and Tisch, who had come to the Court in the interests of justice. One witness felt the hand in his pocket, the other saw the hand being placed in the pocket. Why did accused run away? If the jury was satisfied that the witnesses told the truth, then a verdict of guilty should be returned.

The jury returned after a retirement of 15 minutes with a unanimous verdict of guilty. Mr Thomas stated that 10 years ago, in Australia, accused, who was a married man, with three, young children, had served a term of three years for theft. Since then he had not been befov the Court.

His Honour stated that prisoner's record in Australia was a bad one. It included several charges similar to this one. "You must, if you come over here, keep within the bounds of the law," continued his Honour. "You men make a big mistake if you think you ran come over here and rob people. The police report sets you down as a professional pickpocket. You specialise in this form of offence. I cannot deal with you leniently. You are sentenced to 12 months' imprisonment."