MAGISTRATE'S COURT.

Colonist, Volume XXXVIII, Issue 8325, 13 August 1895, Page 2

MAGISTRATE'S COURT.

YESTERDAY.

[Before H. W. Robinson, Esq., S.M.]

John Ward and Percy Perkins were charged witb the theft on the 3rd of August, of a bottle of rum of (he value of 3s 9d, from the bar cf the Royal Hotel. Accused, for whom Mr Ilarley appeared, pleaded no! guilty. Sergt-Major Pratt appeared for the prosecution, and said that the witueaßea he would oall would be Constable Phair, who heard of this theft while making enquiries about a theft from the ti.l of Mr Ansiice, the barmaid of the Royal Hotel, and three young lads.

Mi a a May Farrar, bar a. aid at the Eoyal Hotel, said that Bbc knew aooutied from their coming into the hotel occasionally. On the 3rd iust, she waa acting in the bar, and in the morning had filled six bottles with ram, which she plaoed oa a Bhelf. There was a bagatelle board in the hotel, wbioh oculd be got at either by going behind or round the bar counter. Both accused were in the hotel that evening, she oonld not Bay at what time ; she noticed them leave passing through the bar in front of the oounter. Before dosing the bar that night she missed a bottle of rum, she thought between 8 and 9 o.olook. Neither of accused purchased any bottle from her. Had the bottle been taken daring the day she would have missed it bafore the evening.

Orosa-examined : She was behind the bar when acouaed went out ; she knew they had been playing bagatelle, bat did not know lor how long ; Saturday was a basy day and there were a good many people about. A person oould not reaoh the shelf where the rum was kept unless from inside the counter. She bad missed things several times, cigarettes, cigars and liquors. By hia Worship : These lads had occasionally to ber knowledge passed through the bar hbhind the counter.

By Sergt- Major Pxatt : She was not in the b r continuously oa the evening in question while the aeons 'd were in the hotel, being in and out.

Constable Phair said that he was on the 6th inst. making enquiries about a theft at the Suburban North Hotel, when Percy Perkins eta'ed to bim that he had not had or Been any rum on the 3rd. On the 7;h inst Perkins met bim and asid that he wished to amend his statement of the 6tb, and he then voluntarily B;ated that " after I and John Ward came out of Parmenter's we went to a right-of-way at the bacs of the hotel for a certain purpose when Job. q Ward kicked against something, and said " halloa here's a bovt'e of beer." He picked h up and had a drink, anil found it rum. The bottle was opened, and I think come had been taken out of it. The other fellows afterwardß had a drink, and one of them asked Ward in a joking sort of way where he had got it. Ward Biid " bought it of oourse." Gross-examined: There was no information against Perkins when he mads the statement. Witness had searohed for the bottls but could not find it.

Arihur Sowman, 16 years of age, said be lived ia Brook street in the neighborhood of accused. On the 3rd met he went to town, and at a little before eight he met accused, aud eight of them went out in a cab to the Black Horse Hotel, viz, Ward, Percy and Charles Perkins, Charles and Alfred Hargreaves, Charles Nea', Walter Sowman and witness. He heard Ward say as they were going out that they bad had a bottle of ram. Walter bowman, cousin of last witness. He met accused and come others at the corner of the Nelson Hotel on the 3rd, about 20 minutes to 8. Ward eaid that he had a bottle of ram at the baok of Parmen.er's. They went into the right-of-way, and he bad a drink from a bottle. He know the liquor was rum by the taste. Ward was the first to go into the Ian 1 , and witness eawhim comiog back with the bottle of rum. He had two drinks from the battle, it was nearly empty when he had the last

Charles Harereaves,|cab and express driver, said he took accused and some others to the Black Horse Hotel in his cab. Since then he saw accused and some others in Nile street. Ward said to witness "They have been at me about a bottle of rum." Witness said that he had heard of it before, and that it had nothing to do with him. Ward said " nor is it with me, I picked the bottle up in the lane." Witness Baid that they Were a dry haßh orowd as they did not ask him to have a drink. One of the orowd said tbat they were goiDg into Daly's (of the Prince Albert Hotel) to get him to square it with Parmenter, as they did not want a. row about

the rum, as they did not want suspicion o rest on thorn.

Walter Sowtnan re-called, said he was present in Nile street at the time referred to by the laßt witness. He heard what was said. He believed it was suggested that Ward and Perkins were to go in to try and Ret Daly to Bwear that the runa was purchased from him. He could not say who nude the Boggestion. He did not go to DalyV, but tbe accused did so.

This closed the case of the prosecution

Mr Har'ey submitted t at tha case had not been made out. All that had been proved waa that bottle of rum had been missed by Mr Parmer.ter, an<l that accused had a bottle of rum the came evening. There had been no identification of tbe rum, and there was no evider.ee that the rum was the property of anyone except of the boys who had it. There was no evidence cf stealing at all. It was perfeotly clear that the accused could not have taken the rum as they left the hotel, and it was very onlikel? that it would be taken as they went in, for a large bot le oi rum was a very awkward parcel to conceal, and the lads stopped in tbe house while playing a game of b igatelle. The evidence about going to Daly amounted to nothing more than a wish to avoid suspicion, for it wa3 not exaotly the thing for young lads to have a bottle of rum up a by-way. He asked a ruling tbat the charge waß not proved on tbe ground of non identification of tbe liquor.

His Worship said tbat there was a case to answer.

Mr Harley. after opening the defence, called evidence as follows : —

John Ward, one of accused; With Peroy Perkins I went to the hotel about half past cix, had a game of bagatelle, after which we had a drink, Mr Parmenter serving us. We left by tbe double doors after having been there about quarter of an hoar. I did not see the barmaid that night at all. After walking about toxn we went into the lane leading from Colling wood street ta the back of Parmenters to use the convenience there. I kicked up against a bottle which I thought was beer. It was corked, bat the cork had previously been drawn. I thought it was brandy when I ta.-ted it, but Perkins said it was rum. I put the bottle back, and we

went for a walk round town, and meeting some companions we took them back and finished the rum. The idea in speaking to Daly was to ask him to go and see Parmenter and give him ft bottle of rum to avoid suspicion being placed on us. We had not then been Berved with the summonses, but we had beard ab~ut Constable Phair making enquiries- I thought there would be nothing more about it if this was done. lam speaking tbe troth. I did not take the rum.

Cross-examined : I know there is a passage from the bagatelle room leading to the lane at the baok. Neither Perkins nor I went into this pasßage. We never left the room except to get our drink in the bar. I did not speak

to Daly about the rum ; I was going to, but did not. Perkins was with me, and we had a drink ; I did not hear him say anything to Daly about the rum. Daly did not offer to give Parmenter a bottle of tarn if we gave him £2. I did not tell Charles Hargreaves that Daly had said so.

Re-examined: We went straight from the bar into the Btreet a'ter having our drink.

Percy Perkins, the other accused, gave evidence differing in no particular from that of Ward as regards the rum. He made the statement to Constable Pbair that he had had no rum on the 3rd in error. He was nervous being interrogated by a policeman, and took bis question to refer to rum drunk in the hotel. After talking with some companions he told Constable Phair next day about the bottle of rum.

Cross - examined : He, Ward, and some others were not known as the Brook street "push." Mr Barley againjaddressed the Court, after which his Worship gave judgment, saying that the main point was that accused were charged upon what amounted to a strong presumption that they had taken the bottle of ram, arising out of the fact of their having a bottle of the same liquor in their possession. This presumption was met by the statements of accused, whioh, if taken absolutely, was sufficient to relieve them of the charge of theft, though not of having behaved very bad'y. It then became a question whether there was reasonable doubt in their favor, whether the evidence of accused was to be taken as rebutting the presumption. He thought there was just enough doubt to enable him to discharge aooused, but be warned them against getting into such a position again, for this oase would be borne in mind. Accueed were discharged.

John Ward, Charles Neal, and Peroy Perkins were then charged with the theft from the Suburban North Hotel of a £1 note on the 3rd August.

Ward pleaded guilty, and the others not guilty. -

Mr Hurley appeared for accused. Sergt.- Major Pratt said that the case would be proceeded with as all the accused were concerned in taking the money, and were equally p-inoipals with Ward. He called evidenoe from : —

Mrs Ga lagher, licensee of the Smburban North Hote', who eaid that on the 3rd inst, I received from Mr Waetney a £1 note which I folded up and plaoed in a small box in the till, a drawer under the bar counter. Eight young fellows came np in a oab and had a drink each. They were complete strangers to me. Then some of them went into the sittingroom and were strumming on the piano. 1 went in o the room where the piano was, leaving some of them in tbe bar. Returning to the bar later on, I found the note gone from tbe til), and after searching and making enquiry from my daughter, I accused the young fellows of having taken it among them. Some of tbem offered to be searohed, and Ward turned out his pockets to show that he had not it. Har greaves, the cabman, s»id that ho thought he oould get it as he would not drive beck to town unless they returned it. He afterwards oame in and gave me the £1 saying that he bad promised"not to point out tbe one who had taken it.

Annie Gallagher said that she was in the diningroom at the time the young fellows came to the hotel. Through the glass dining door she had seen three or four standing in tbe bar, but oonld not see them distinct y enough to identify tbem. She could not positively say that she Baw anyone on the counter. She had not told Constable Phair that she did see anyooe on the counter She went into the b*r to put her pen away, and saw three or four young fellows there, all the accused were there ; Bhe believed they had been playing cards, as two of tbem held cards in their hands. Her mother then came out and found that the note was gone.

Charles Hargreaves, the oabman who drove the party out, said that when he heard of the £1 being missing, he called Neal outside, and asked him if he had taken it, Neal replied that he had not, and did not know who had. Witness replied that he should know as he had been in the bar all the time. Witneas then called out Ward who gave up the £1 when questioned about it. Several drinks were had at the hotel, and there was drink in the cab going down. He suspected Ward, because shortly after arrival at the hotel Ward asked to have a pound ohanged.

Cross-examined: He only knew that Neal was in the bar at the time, from what Mrs Gallagher bad said.

Arthur Sowman, Walter Bowman, Cbarleß Perkins and Alfred Hargreaves, all members cf the paty, were sailed, bat no additional evidence was obtained from them except that Perkins staled that the visit to the hot-1 extended over thrte hours, and they did not gst baok till ha'i-past twelve. Mr Harlev was about to address the Bench when bis Worship said that he was satisfied that there was no evidence Bgainßt Perkins and Neal, who were disoharged. Ml- Barley then asked that Ward should be placed on probation, and oalled the following evidence as to previous good onaracter. The father of Ward said that his son was between 16 and 17 years of age. On the 3rd instant his bou obtained leave to go for a drive up Wakapuaka. He was a good work ing, obedient boy, and thoroughly onder his control.

Mr F. Trask said that he knew the Ward's farther and son. While in Nelson he had seen the boy several times a week and had formed a high opinion of his good character op to the present time. He had known the parents 34 yehrs, and they were highly respectable people. Mr J. Mill, a neighbor of Mr Wards Baid that previous to this he had found the boy a remarkably kind civil lad, and he had never heard a word against him hitberto. His Worship said that he would enter np a conviotion, and remand Ward till Friday next, a report to be obtained from the probation offioer in the meantime.