MAGISTRATES' COURT.

Colonist, Volume XX, Issue 2342, 29 January 1878, Page 3

MAGISTRATES' COURT.

[Before J. Sharp and J. Sclandebs, Esqs., JJ.P.]

Alfred William Avery was brought up on Saturday, charged with stealing from the person of Charles P. Kearns, on the 22nd instant, a pocket book, containing one £5 note, two £1 notes, and various documents. Mr Inspector Kiely conducted the prosecution and Mr Pitt defended the accused.

Charles P. Kearns deposed he lived at Ranzau. On Thursday, the 17th instant, he came to Nelson, having then in his possession a pocket book containing one £10 note, two £5 notes, some £1 noteß, and certain documents. He remained in town a few days, and on the 21st instant he changed the £10 at Mr Stallard'a receiving one £5 note, four £1 notes, and some silver. He put the notes into his pocket book. He stayed two or three nights at the Minors' Arms Hotel. On the afternoon of the 22d, he took a£l note from his pocket book, and he was sure there were left one £5 note and two £1 notes. He returned the book to his breast coat pocket. He taw the prisoner at the Thistle Inn on the evening of Tuesday, the 22nd, and was in his company some hours playing cards. During the evening he told Mr Roberts he would remain at his house that night, but afterwards he went out into the street, and had got nearly as far as M'Gee's when Avery overtook him and said, "You're not going awaj ?" He said, "Oh, no," and turned back with him. Witness invited Avery into the Windsor Castle Hotel, and they had a drink, for whioh witness paid (in coppers, he thought). Did not remeniber'Avery making any remark to him whilst in Mrs Moor's. .On lea/ing this house, went back to Roberts'. Went to bed, Avery helping to undress him. Defendant went into the bedroom with him, which, was downstairs, and took off witness's coat, in the pocket of which was the pocket book in question, and put it on the chair. Had no occasion for going to the pocket book since the changing of the note in the afternoon. Next morning, on handling the coat, found the book and its contents gone. Immediately reported the loss to Roberts, who searched the room in vain. Went to Avery, but he said he had not seen witness with a pocket book the night before. Told prisoner the book contained money, but he made no further reply. The value of the book and its contents would be over £10.

Cross-examined by Mr Pitt: The notes were not folded evenly. Did not know how may drinks he had. Thought Roberts was not; in the room when the coat was takon off.

By the Bench : The £5 note wag in the inner compartment of the pocket book. Could not swear the book was in his pocket when he went to bed. Mrs Stallard deposed that on the previous Monday she changed a £10 for the prosecutor, and her daughter that she saw him place the money in his pocket book. Charles Pearson Roberts, land'.oad of the Thistle Inn, on oath said Kournj went to my house on Tuesday last, and the prisoner was with him all the evening till a little past ten. He then went out, and shortly after Avery left also. They returned together about 15 minutes later. My wife made up a bed in the sitting room for Kearns, and tbe accused assisted him to undress. 1 went out of the room, and on returning put out the lamp, and Avery and I left together. The next morning Kearns told me he had lose his pocket book. In consequence I went to Avery's, and on my second visit I succeeded in seeing him. Kearns waß with me then. Avery said he had not seen the book. On the Tuesday Avery wanted me to buy a watch which he said he had to sell for another party, and it was a great bargain. He said be was not in , a position to purchase it. I ultimately bought it, and he received 7s 6rt commission, and this he handed to me on account of a debt of 8s 3d. He also owed me 3s 6d for a raffle, but he said he could not pay this then. Cross-examined by Mr Pitt: Avery paid for drinks twice during the evening whilst we were playing euchre. The Court then adjourned till YESTERDAY. C. P. Roberts, recalled, said there was a yard adjoining his hotel, which was entered by a double door, The gate is in a line with the front of the hotel. On Sunday afternoon I saw Doteotive Bde and a boy at my place. The detective pointed out a spot under tbe gate where the pocket book had been found. On Tuesday night, after the prisoner left I closed the front door, put out the lights, and ■went to hed. About a quarter of an hour after shutting the house I heard the yard gate close, as if some one wera going out. It was a calm night, or I should have thought it was the wind banging the gate. I took no^notice of it. When in company of the defendant on the 22nd, I saw neither a £5 nor a £1 note in his possession. By Mr Pitt: When Kearns got up from playing euchre Avery said he thought he had gone, anj he afterwards went out.

Laura Moor, landlady of the Windsor Castle Hotel, deposed: The prisoner and Mr .Kearns" on the evening of Tuesday last, about half-past ten, came into my house. They each had a drink, and Kearns paid with coppers ; he dropped a coin, Avery drew his attention thereto, and asked if his money was all safe, for as he had dropped that lie might drop more. Kearns said, "My pocket book is all right," touching bis breast. They then went away. Robert John Thompson, a lad of about 12 or 14 years of age, deposed : La9t Wednesday morning I passed Mr Roberta' Hotel about a quarter to 7 o'clock. I found the book produced outside the gate. I opened the book ; it is in the some condition now, with its contents, as when I found it. It contained these four papers, but no money. 0. P. Kearns, recalled : The pocket book is not in the same condition as when I last possessed it. Ihen it had within it a £5 note, two £1 notes, and a paper which it does not now contain.

Thomas Goodwin, shoemaker, deposed: Between 11 and 12 o'clock on Tuesday evening last I went into M'Gee'a Hotel, the prisoner was there I heard prisoner challenge Mrs M'Gee, to shake dice with her lor a bottle of No. 2. She took the box down and threw 12, there beiug only 2 dice in the box; he refused to throw till toe other dice was found. Mr Chalmers then challenged Avery, «nd they threw for drinks, Avery losing. Then Chalmers, Avery, and Webb threw for a shilling a piece, Avery lost and paid in silver, I saw him pull out one £5, and one or two £1 notes after he had paid. By the Bench: After throwing dice in the bar we went into a side room where there was more dice throwing between sevan or eight altogether, there was H. Webb, Chalmers and others. I was not throwing. Between 1 and 2 next morning (at the same Bitting) I saw prisoner pull out two notes one £5 and one £1 note to ohange before he went into the room.

By the Inspeotor: When Avery was showing round the £5 note I don't think he was saber. Mrs M'Gee told him to put the £5 baok into his pocket.

Henry Webb, bootmaker; On Tueiday last I went into M'Gee's Hotel at about eleven o'clock. I saw Ohalmere, Godwin, Avery, and Mrs M'Gee in the bar. I saw Avery pull out some notes, three or four, I think, when he paid for drinks. Either Mrs M'Gee or he remarked that the note was a fiver, and he then handed her another, whioh was changed as a£l note. We were throwing dice in the little room afterwards.

Henry Chalmers farmer, of Wangamoa, deposed : On the night of Tuesday last he went into M'Gee's Bide bar at about a quarter past eleven ; the prisoner was there. Mrs M'Gee proposed there should be a shake for drinks, and Avery said what are we shaking for. Mrs M'Gee said " We'll shake for » bottle of No 2," whereupon Mrs M'Gee brought down the box and threw two sixes ; there were only two dice there and Avery objected to throwing t with them, Avery

! presented a note for payment of the drinks, Mrs M'Geo objected to changing it [she said "You have a £1 note in your hand, this is too big." Avery then took out a£l note. He had two or three notes in his hand. George Naylor deposed: On Tuesday last between five and six in the afternoon, I was at the Thistle Inn with Mr Roberts and the prisoner, who brought a watch he had to dispose of for a third party. He wanted £9 for it; Roberts asked why he did not buy it himself, and Avery said, " How can I when I have not a pound to bless myself with. I cannot swear positively whether he said a pound or money, but it was to that effect. James Wyatt Ede, detective, deposed: From information received, I went to the Thistle Inn on tbe morning of the 23rd inst. I saw the prosecutor, who described his loss. From what he stated I went to the prisoner and asked if he could throw any light on the loss. The officer then related what passed between him and the prisoner and the arrest of the "S'herine M'Gee, wife of C. M'Gee, landlord Nelson Hotel: Deposed I remember Tuesday night, th« 22d inst. That ni^ht I saw Avery in our house. He came in between 11 and 12 o'clock—l believe it was after 11. I changed nothing for him to the best of my knowledge. I think he offered to pay for some drinks, but a man named Chalmers said they were already paid for. There was no money changed to the best of my belief. The barman! was there, but I don't think she changed any. I saw something in his hands, which he fumbled about and led me to believe were notea, but so far as I saw they might have been ordinary paper. I supposed they were notes, but I did not see any figures or anything to show that they were notes. After receiving the customary oaution, the prisoner reserved his defence. He was committed for trial at the next sittings of the Supreme Court, bail being allowed, himself in £50, and two sureties in £50 eaoh.