SUPREME COURT.

Taranaki Herald, Volume LIV, Issue 13428, 20 March 1907, Page 3

SUPREME COURT.

CUIMINAI, SESSIONS. Tl KM JAY.

(Before His Honour Mr Justice ('ooj)pr.) HOKKK STKALTXO. William Alfred Hallmond was brought up for sentence. His Honour said he pi*opo.~eci to admit prisoner 10 probation. He had ;ce'i the 'probation o&ieor and his report ,vu" liivourabu. Ke would admit >ri.:oner to ]>ro!)ution for a period of :«•<•« ve lTiontliA. He understood the >ri.s mrr's family were, poor and he would not make any order for payment of eosU. He wouk! .simply admit him to probation and he would have to report himself to the ofiiccr from time 1o lime. Il would no doubt be a warning to hkn not to deal with property belonging to other people in the future. ALLEGED THEFT FROM AN HOTEL.

Fred Fontanello was indicted for stealing on the 7th January, at Eltham, a sum of £41 10s Od, the property of Mr Robert Campbell, licensee of the Coronation Hotel, Elthsim. The following jnry was^ompannelled:

A. E. Sadler, W. Evclts, W. Scott, F

Nowell, E. A. Golding, IT. 1). Bishop, (.!. A. Corney, C. iJ. Lawrence, H.

Looney, 0. -McOahey, A* H. Roberts, and T. Foote. , Mr Corney was elected foreman. Mr Kerr prosecuted, and Mr Crump defended. Mr Kerr outlined the case for the prosecution, and called Hobert Henry Campbell, who stated thai he was licensee of tho Coronation Hotel, Ellham. ' He kept his takings in a safe in his office at the hotel. There wcro two keys belonging to the safe, one being kept in a drawer of the safe and the other he carried with him on a ring containing other keys. Thero were two keys of the bar, the housekeeper j

having one and witness the other. After counting his money on the Gth, he. put it in the safe. There were forty single notes, one £5 note, a number of cheques, and sonic gold and silver. He riubsef|iic:iily locked the safe and bar, p::L the beys in his pocket and went to bed. Me put tl:o. trou.sor? on a table Jeloso to tho bod. leaving tho rpom door j open. Tic woke at 6 o'clock next morning and noticed his trouser3 had gone. I Vie got another pair and went downstairs. He found the office door open with the keys in the lock. The trousers were on the table and the cheques had been taken out of the safe and [were lying about the ofnee. The bundle of single notes were all gone, the £5' note only being left. The £14 10s Od in gold was still there and th<» silver too was left as ho had left it. The silver (about 8O3)' had been taken frdm his trouser pockets. Prisoner was in his employ at the time as a porter, and he. called him. Witness then repeated the coTjversatio.n !n;tv',een himself and prisoner, as given in the statement 1 of Mr Korr, also tho conversation that took place in tho prisoner's bedroom. When witness took to the hotel he gave prisoner 25s a week, which was 5s advance on the wages he had been receiving from the previous licensee, and later when prisoner said he was going to Wellington, he gave him a further increase, making his wages 30s, and he stayed on. He had paid prisoner £27 •Is Ad altogether. Prisoner had often told witnrs-j Unit wlvn he ramp from Sydney to V»Vilinj_ ; lon ho wii* hard up and that he had iei't his watch in pawn ai Australia, and ih::t ho intended .-sending money ow-r to his .son 10 redeem it. VYhenf-vei prisoner had found any money on ihe floor ho had inken it to witness saying, >l You know I'm honest, ]>oss,"' or sor.ieihijig like that. Prisoner had never told Lira how long he had worked for Mr Sullivan at the hotel.

l»y Mr Crump — There were two doors leading i° wit:iens's beef room but one of these w:i*s always locked. J^risonor had bet-n " goo«l s*.*rvaiifc to. .him, and he iraisod his wnrr.es in order to kf-op him jwhoji he said ho was leaving. He did v.oi tell prisouov lu 1 would help io start him in b«t«i;iesa in ICUhum later on. lie osily he.-irrl of j>:'iaonor lending £2 to o.i«- oi' the servants. Ue had told wit■nc',\ ho if.und £'2GO in Sydney which he ivturpH to tho owner. Only the ban-mill or housekeeper could have the V.oyr, any time when they wanted to get cfuiti^e. j\'o Oite else was allowed to go !•> i>o •;::•"(•, s: ;]<i }h- had not, ko far as he oo.il/j roinf mber, <>;iv(>.o the keys to anyi",:r> rho U) oi)i»n the bar. tie could not n-nu-niber giving th<* key.". to anyone iiJioiit J)..")0 on the nig Jit before the rob-, bery. } !«.• might have clone so. He did not remt»m'jnr Fontunello com ing for tl»e kc\vv. j!' h« Imd l»»on thon. ho might Utivo stivnn him th« J«»y» to tjut? o, drink, but «{>t to unryo drinUa. He die! ««i itittUij any wrivton i?at« of tho amotrnt^ ho loft in th« (iofn % Th»» ndiount ii^ «i«l ill h\» mw)u)f, wnn 28« or iJQs, It was (iU 4ilv«r. H« tYn] )»iw ft bftUrfiovomiflin u>i tl«« nKindnis ut \hn \li)u but this a«b nfinvwbviU f«»utid, H« t]U] not »«;- poet VmitflnttHo woul<l <h H, Wbpn bo saw tho woto» in th« polioonian'j» iumd ho f«lt quite satisfifid thoy Ymre hit. He know porters got tip« from travellers. , Prisoner had never shown ivifcnesrj what tips ho had, only at Christmas. He did not tell him he had made Ci in tii>s Christmas weok. H« had ! never lost the keys, but had left the keys in the safe when he had been in the ba;\ The- safe would the,n he in view. The office door was not looked very often. The lock was faulty and he had since put it right. • William Morris Russell, clerk at the Bank of New ftoutlf Wales, Elthatn, stated that he hoarded nt the hotel. On the 6th January ho returned to the hotel noon nftor 10 o'clock. Mr Camp- ♦«<■•!• v/si-* then in his office balancing up

ili«^ cash for 'ihe bank the following

Jiiornir.jc Witi'.f^s wroie two letters, .ft'hich he v pwp.iprl, Mr Campbell waiting until he returned, lie saw Mr Camp-

I I. fll take some vush i'luni tue rey,i'.'.^i\ I ami ihen «hey went to bed. H.'.smu Mr (.\tniplull ].v( tlu- nni»f',v i" the l -:»ie, close i!;c door, and lock it. lie al.'o saw in* m lock the liar clour. lio did :iol leave the key in tho door, and presumed ho put it in his pocket. He had heai\! ttie't prisoner say he intended to send some money to Australia to redeem « watch. By Crump — He had known' the accused since he had heen employed as Die hotel. His character was an <-::- eel lent one, and witness had always i'oiind him honest and industrious. Air Oruinp was proceeding to ero.<;soxamino witness a1?a 1 ? to Mr Campbell's character when His Honour said it was not fair 1o cross-examine another witness as to Afr Campbell's character. Counsel had not questioned Mr Camp'jcll hiniself or. This point. ,J3y His Honour — Mr CampheH v»a; perfectly solki 1 when he was countii.-, over his money." Jle did have a drinl: or two ocqasiona,lly. By Mr Crump — Witness did not know how much money Mr Campbell put hi the safe. By Mr Kerr — Witness should think it would be about March or April last year when prisoner was first engaged

ot the Coronation.

Constable" Redican said he saw Mi Campbell on the night before the robbery and he was then perfectly sober Next morning Mr Campbell complained to witness that lie had been robbed Fontqinello accosted him as he was leaving the hotel, asking whom he suspejtod. He then told him to watch an i'ltham resident whose name he mentioned; and who he said knew the ins and outs of the hotel. In the afternoon, in company with Constable Ryan, witness again visited the hotel. Wit-

ness then corroborated the testimony nheady adduced relating to the searcli and the remarks made by the prisoner during this time. Thirty shillings was

found wrapped up in paper in the cash box. When Mr Campbell said they were his notes, accused said: "Oh, Mr Campbell} how can you say that. J've earned that money by tho sweat of my

brow." Accused was then arrested, and on the way to the station lie said

if he had taken the money he could have parted with it. In a further sf-arch they found another 13s Gd.

By Mr Kerr — When the :30s was found prisoner said this was all the money he had. The notes had not then been found. By Mir Crump — When witness first h"d a conversation with Mr Campbell he said he had been robbed of £50 ',r X' 60 — cheques, notes, gold and silver. He did not mention any name of persons he suspected. He made suggestions, and witness, knew whom ho meant. This was the same person as that mentioned by the accused. •

By Mr Kerr — He could not lay hold of any facts to, lead him to suppose the man mentioned had been about thep're mises.

'Constable Ryan (Stratford) also ga/e evidence of a corroborative nature. When arrested accused put lip his bftiids and exclaimed, "Oh, my God, } üm -innocent."

By Mr Crump — There was some mention made to him as to another per-, n, but he could find no grounds of suspicion.

George ITeller, baker, Eltham, stated that he called at the hotel early on the Monday morning to get a drink, and the accused said he would have to procure tho keys to gain admittance to the 'tar in order to supply him. Accused went iipstairs and returned with a bunch of keys similar to those produced.

By Mr Crump—He did not see any trousers, in the possession of prisoner when he returned with the keys. Elizabeth Olliver, housekeeper at the hotel, said she knew tho barmaid, Lily Ferguson, who left two. or three 'Jnvs before the 7th January to go to Otai/o. She remembered Monday morning, th«=.

7th, and was downstairs between 6.30 and 7. She had a key of the bar in her possqssiqn. She had had it since the barmaid left. No one came ,to her that morning to borrow the key of the bar.

TJy Mr Crump— Sho found the bar closed when nho on me downstairs. She always thought accused was honest. Many, commercial travellers called at the hotel, but tips were very small. Accused had never said anything to her about what tips he had made. She detailed prisoner's duties at the hotel.

By Mr Kerr — Among other things aroused was supposed to call the servants every morning. He did, not call witness on the morning of the 7th.

Annie Turnbull, cook at, the hotel, said prisoner told her the barmaid asked him to lond her some money. Also that he had r.one, nnd that had he knrtwn Koonw'hfe would hnYo'Unt her •fiju. Aoauwd did not mil h«r on tho 7th .Tftsiiiftry, Although ho had always bopn in th« Imhft of dohiß so, Uy Mr Crumn— *flh« <M not 8U0g«B$ tn )»?Jwn«r Ji*> wmW bo faotfeU to tewi »m.y mowy. Hhu had tow *% t\\o hotal four maiHh«. During tbuft t'mw N J»»d nlways liw«n v"ry good, and shu had npvOT hoard any onn ,R»y »nyth.Jn« ngftir.»t him,

Lily Ferguson, barmaid, said she had always understood from accusedjie was pretty hard up when he came to Kliham. She had heard him say he wanted to send money to Australia to redeem a watch he had in pawn. Sir* was at the hotel when accused caim> there in March. He had heen engaged st another hotel in Eltham for two or three weeks before he came to tho Coronation. Bhe left Eltham on the 3rd January for the South Island, and on the previous day tried to borrow £2 f?om the prisoner. He said he was sorry that he had not got it on him, adding, "If you had told me sooner T would have got it for you out of the Popt Office Bank. He sent a telegram to her on ihe nth January authorising her to receive tho money, -and she lifted it on the 10th.

Hy ~\lv Cnnr.p— Sln> had never 1 nl'.cori privately i<i accused about his savi.igs. She did not understand he, hail nu.iu'.v saved. to liim for the loan of this rnonoy,«syi,tiie chance oi" him having it. Sho really 'thought he had not the money, or ifjiu^iiad lie Mould have lent it to her. Accused was very obliging and hore generally an excellent character. On Saturday night she was short of change- in the bar, and prisoner lent her :JOs, which slic snhsoquently returned, it was usual to leave f-mv.c eliango in tho till. Prisoner had nlst; lent her 4s and when she offered to return it he would not take it. i'Yauk Kingston Hyde, postal elfieial jit EHham, said accused had an account in the Post (lilee Saving Bank. The deposit hook produced was Fontaneilo's property. The account was opened on AugusL 29th, 190G, «md he had in ihe bank altogether a credit balance of £&>. On the 10th January accused remit ted a money order to Australia i\n % £G and a further order for a like amount on October Gth. On the ~,ih January he sent authority to Miss Ferguson lo receive £2. Accused gave evidence on his owr 1 c

half. He had been in Sydney for t.ve'vc

years before coming to this colony. In Sydney he had kept several restaurants, including the Emporium, Haymarket.. Metropolitan, and Savoy Coffee Palaces. He left Sydney because business was not too brisk. On leaving he pawned his watch for £lt). He had between

£35 and £40 when he' arrived at Well

ington. Five days after arrival in Wellington he went v.p to Taihape. ' He arrived in Wellington in February, L 906. He stayed at Taihape seventeen Jays altogether, then spent three days in Palmerston, "and from hero went to Eltham, arriving there in March. Jsc started work at the Coronation on April L2th, at £1 per w*>ck. When Mr Campbell took over the hotel he increased his .vages until he was receiving 30s a week. He received an average of Lls to 17s 6d a week in tips in addition. He remembered Mrs V,oylc. Mr Kerr asked £hat witnesses for the defence bo ordcreclTto leave the Court.

His Honour — N.o, certainly not. The witnesses for the prosecution were not ordered to leave. ,It is not fair. This <top should have been taken at the commencement. It is now too late. '

Mr Crump said ho had no objection co his witnesses leaving the Court, E,nd

:his course was adopted.

Witness, proceeding, remembered Ylivj Voyle, who was at one time engaged it the hotel. Jlc.tbought she was in ;ieed of money, and offered to lend her jome, but she refused to accept it. He had about £35 in the cigar box at the i.imo. lie also knew a man named Gorrard who went into his room at the hotel. Witness was counting money in notes at the time. He did not remember how many. He had not J.ad to jpend any money for clothing while he .vas at the hotel. He spent on 1 imself 2s or 2s 6d a week on the average. When he opened his account in the Post Office n ith a deposit of £21 he had about £.">5 or £60. ; His Honour — Why did you not pay it all in? ' . Witness — It is always my habit to keep some in hand. Witness had received 2os and 27s some .veeks and at Christmas he had over C' 3. Witness saw .the keys about 9.30 ;n Snnday night, when they were, haiulvl to witness to open the bar to get drinks for three gentlemen. He had a loose key of the bar every morning with the exception of Monday. The office was always open, and he had ofto?i seen tho safe open,, and had drawn tho boss's attention- to it. He got up at o o'clock on the' morning the money disappeared, and went abont his oromary duties. The office door was open, and he went in to sweep. He saw a pair, of trousers on the floor,, and put tViem on the table. The cash drawer of the safo was open. Wheu-hc saw this he thought Mr Campbell was about the house. He did mention the names of a person whom he suspected. He. might have: told the coj^stablcj «he was keeping tho money to go for' a trip. Tliis was his intension. By Mr Iverr — He made money in Sydney from those restaurants. He went to horse races, ( and sometimes lost rroncy and sometimes won. It was not true he had no money when he arrived at filthain. He had more than £30. Ho had "not said he could nr.'z send the money to redeem his watch at .Sydney. He had not said he was hard up.. . He got the £2 he sent JMiss Ferguson from the cash box. He did receive £2- from Wellington about this time. Tho reason, he told the constables thai they would find' nothing in his room was because he thought they were searching for a bottle of whisky. !-}:> did not kijow they worts looking af'tnr money. He dfd t »Qt go uprtairft to $«t it Uoy Bf.» that htf oouU.l got jutq th« hnr to s?rvo tha wifcuasu Mfiller, Th*» har w»i opor),, mid. the witnpfsn wrs v tl »tav Hrn," ,Hp jtav^ h»<rth« key, By T<fv Qv\im'xtm»mH Fpi'guuon mvw (>^nrp(l to r^ttu'tt tho 4q fthfi h«(i hor»'mwp(l from Him i and, hq only h»4 th« voturncui h»t Friday, $ia said hit h«d not got this money when shf> aj?k«d for it, l^ufc would borrow it for her o* cause then ho thought she would, return it>

Lorenzo Mauzzi, ra%or-ston6 manufacturer, said he had known pi isoncr about ten years. Ho knew him in Sydney, whore ho had several restaurants. He was always considered an honest n.an, and witness had never heard anyone say anything against his chai actor to New Zealand he could have £30, He told Fontanello when he was coming £40, or £50. Fontnnello thanked him, and said several had offered him money, hut he thought;. £4o ho had got would do him. . '-

John Milesi,' AVellington, fish merohant, said hfT luicw the accused a few voars ago in Sydney. When lie arrived in thn colony ' Aft the. beginning of lust year lu j wont io witnfcaa, and he hi ingested he should buy a horse and cart

to go iv the fish trade. A man asked Fontanello for £35 or £37 for a turn out. Witness told Fontanello it was a good opening, and he offered him £30, and said he would not give a penny more. The offer was refused. His general reputation was a good one both' among his own countrymen and Englishmen in Sydney where he was well Vnown. , »

Mary Voyle, housekeeper for some time at the Coronation Hotel, said Mr Campbell generally left his. bedroom door open. The office door was generally open. Several people used the key of the bar, and she had seen the safe open. She remembered being in Fontaneilo's room in October last and seeing a number of notes in a cigar box on the bed. He wanted to lend her some moiloy. She couM not say how much money there was, hut there was a good few notes. In! addition to tips accused had a lot of clothes given him by people who called at the hotel. •

"Walter Gorrard said he saw accused with some notes about the end of October, and he offered to lend him some. Alice Quigley, housemaid at the Coronation Hotel on 7th January, said prisoner called her that mqruing, aa usual. - By Mr Kerr — She believed she was the only servant he did call. Mr Crump, addressing the jury for the defence, characterised the whole structure of the case for the Crown as being improbable, and the climax was reached in Heller's evidence, which he submitted was totally unreliable and \imboliovable, and tho jury might dismiss it from their minds. He left tho case in their hands with confidence. '

Mr Iverr said that Campbell had lost this money was admitted, a.nd in the evidence against the prisoner they had the ability to commit the offence, brcanso he was on the premises at the time the roll of notes was stolen. A strong point against the prisoner was. his extraordinary behaviour when tho c«,fo was discovered to be -open by Mr Campbell. Then his statement to the woitteoyfoljjt was not-consistent with fliis njpaey bteing found jn. his possession.

His Hoiiour, summing np', gave an ..(exhaustive and lucid address, in which

dealt with the salient points both for arid against the prisoner. Concluding, lv saici — "The 'whole question depends on whether you (the jury) believe tho prisoner's statement that he had in his possession the sum of £30 or £35 when h* came to Eltham. If he- had, then all tho rest of the prisoner's evidence and circumstances of the case as disclosed by the defence appear to he reasonable, considering the prisoner's nationality — tho fact that he is a foreigner. If you think he had not this money then the circumstances are absolutely inconsistent with his irtnocence. And, finally, gentlemen, all I can say is that yon -will weigh- the 'evidence very carefully and if' you come to the conclusion that he has accounted for this money as his own property, then be is entitled to your verdict." x

Goungel'ii statement for t« 0 tVrifanfifi orouptad.an hour a,m] %et\ minute*., and His Honour's Rtimn^ing un afye ox«*)e#d ujj hour. At 0,33 the. Jury K*tlt*d %Q pfin&idar %\miv vw4toti

TJib jury fftilud to agroe, »n4 vrm

A iipw trial waj ovdarati toy hewing at tho noxt sitting of the tfupiwn* Court, bail bojng allowed on (substantial sureties. * ,