ALLEGED THEFT FROM A FELLOW-PASSENGER.

Colonist, Volume LII, Issue 12766, 12 April 1910, Page 4

ALLEGED THEFT FROM A FELLOW-PASSENGER.

SENTENCE' OF FOUR MONTHS

IMPRISONMENT.

The hearing of the charge against Charles W. Hobday oHheft frpm a fel-low-passenger named John Kent, durthe passage of the Mapourika from Wellington to Nelson on ' Tuesday last of £17 was resumed yesterday morning at the Magistrate's Codrt, before Mr. J .Si Evans, S.M. Archibald Frank Burls, jore-cabin steward of the s.s. Mapourika, deposed that he kne wthe parties concerned in the case, who were steerage passengers oii the steamer on Tuesday. last. They were drinking at the bar on the occasion, and Kent was spending money pretty freely ; he should say. he spent between 30s and £2. The accused did not spend any money,. .He saw the accused pull out about a shilling. He saw Kent | with money on several occasions, mostly gold. He saw him count his money after he locked the bar. He then- had £17 10s in gold. He offered to mind it for him tillthe morning. He thought it would.be safer with him. as Kent was showing it rather freely. Kent said he would prefer to keep it himself. Kent was capable enough, although he had been drinking. He closed the bar at half-past ten, and that was the last he saw of- them. The accused and his companions were all together at that time... He knew accused was a stowaway, . He gave each of them a bottle of beer, before he closed the bar.

Lawrence Gilbert Hayes Ward stated that he was the purser on the Mapourika. He knew the accused, who travelled on the steamer on Tuesday last, from Wellington to Nelson.- . He asked accused for his ticket, and, h® said" he had no ticket or no money. .He said he was going to Westport,; >_ -He took" him. to the captain and accused told the captain in his presence that he had no ticket or any money. Acting on instructions he -handed accused over to the police on arrival at Nelson. Constable Tonkin stated he knew of the accused who was given . in charge by the last, witness on the morning of the 6th inst. Ho was charged with refusing to pay his fare. Accused did not say anything then. He took him to the station and in company with Constable Keenan searched him. He found £18 16s 3d loose in his pocket. It was in gold and coins similar to those produced. There were two purs, es on accused. When searching accused he asked him why he did not pay his fare. Accused replied that he had plenty of money and would pay-it. Witness said he would see the captain and ask him if he would accept accused's money and accused said 'all right' The captain refused to accept it. He then charged accused with stowing away on tho boat. Later, i..... l Ji„in'tant and a man named Scott, came to the station and made a complaint, iiu reported the complaint to the plainclothes constable, and also handed him the money found on accused. > James Archibald .Nelson deposeu that he was a plain-clothes constable stationed at Nelson. He received a complaint from Constable Tonkin jin regard to accused, and also received 'the money produced. He charged the accused with stealing £17, the property of John Kent. He replied "3No ;" then after a pause, "it has got to oe proved."

This closed the case for the prosecution.

In answer to the Bench, who said a prima facie case had been made out, accused elected to give evidence in his own behalf. He said he was a seaman and a miner. He was taking passage from Wellington to Westport, and on the steamer he met complainant and Scott, and they became friendly. In the course of conversation he told them he was a stowaway and where he was going to. Complainant, said he would like to accompany him, and would provide any money required. After several drinks he told him he didn t require any nioney as he had money of his o.wn r * Complainant said he would pay his-passage money if he would speak to .the manager and fay and get iimjvvork. He promised to do that ; Complainant showed him his money and he told him to put it away. He told witness that if he required money he could oome to him for it. Shortly afterwards they went to bed. Sometime during the might he had occasion to go on deck and in passing, the complainant's bunk he saw money on the blankets. He picked it up, and so far as lie could remember it wbb about £16. He 'put lit in his pocket with his own money, which amounted to about £2 19s. He decided to keep it itll he saw complainant next, morning, but he did not see: him before he was arrested. He took the money ab.' solutely with the idea of doing complainant a good turn, knowing that he was the last man in his company and if anything went wrong he would be charged with it. By Sergeant Dougan: He did not pay the passage money because he was drunk. He remembered Constable Tonkin saying 'why don't you pay your fare?' and hi_ reply.. It never crossed his mind to te|l the constable that he had £16 of "another i;.un's money; he was too excited. Kent was 'lying on the blankets and' the monej "was lying alongside his" legs. ; The cabin yr&s. fairly well lighted. -. .- ; the Bench: He remembered telling Constable Nelson that, he had not stolen the 'money. ,He meant that he jhad not -taken it" with any felonious intent. ' '-.- ' ./■

Ihe Magistrate, in giving 'udgment,said it was clear from the evidence that accused, Kent,~and the witness were drinking together on the voyage, and Kent was flashing his money about. Accused admitted that he took the money, but the : Magistrate said that he could not accept accused's explanation as to why" he took the money, as he had told the- constable that- he had plenty of money to pay his fare. Accused's remark that the police would have to "prove it" also showed an'fc-fention to keep the money The-Magistrate said that he must find that the money was taken with the intention, of. stealing it. He said tliat this kind of theft should, be severely dealt with. . Passengers travelling by steamera met strangers, and had to trust to the honesty of one another as cabin mates. It was a serious matter if there was a thief in the cabin. In the present case, however, he would take into account that .Kent had first of all plied the accused with drink, and then placed temptation in his way by' flashing mouey about. In the circumstances, the sentence- would d^s much lighter. than if , the money had been taken in other circumstances. Acoused would - be ... sentenced, to fcjur months' imprisonment with hard labour, in the "Terrace Gaol, Wellington. •'•--.•