POLICE COURT.,

Wanganui Chronicle, Volume XXIX, Issue 12287, 23 December 1897, Page 2

POLICE COURT.,

Wed;b3dat, 22nd December. (Before Mr C. C. Kettle, S M.) ALIiBOiD THBFT Or A BICYCLE. Harry Martin whs charged, on the information of tha piltce, with the theft of a bicycle from David Davies on Monday last. Sargeant Ellison conduced the proBecution. David Davies gave evidence to the tffact that on tbe day in question the accused came to h s shop and a3ked him to lend him a bicycle. Witnesa remarked that ha did not usually let machines or. dtp, but as the accused seemed excited and witness wa,9 in a hurry, he thought it was a case of sickness or something of that sort, and accordingly asked him where he wanted to go. Accused said to Okoia, and witnesp asked him if he would he long. Ha replied about an hour and a half, and witness said '• Very well, I'll l*nd you my own, bnt don't be later than 12.30, as I shall want it." Witness theu gave it to Mm, and nothing was said abant charge. Accused did not return if-, and witness did not see him any more I until he learned that the machine was In Price's workshop. Witness did not give him authority to dispose of it in any way. Witness valuad it at £15, but selling it reUil he would accept about £3 more. Witness never saw the accu-ed to his knowledge before. Isaac Guthrie, licen»ae of , the Newmarket Hotel, gave evidence as to having bought the machine from the accused for .£6. Witnesi had heard that he wanted to sell it, and asked him what price he put on it. Acnused said .£B, bat as witnefs aaid it was a second-hand machine and out of repair he thought £C. would ba enough. Accused accepted it and witnesn paid him £5 on account. Accused said he had a rece'p 1 ; and two witnesses who conld prove that he bad bought and paid for the nmchiue. On Tuesday, at about 2 o'clock, the accused c»me to witness and Baid bn would get the machine repaired and bring it about 3 o'clock alone 1 with the receipt, bnt witness did not see the machine again until he saw it in tha hands of the police. Accused owed witness for lodging from the 18th cf December. Constable Howell gave formal evidence as to the arrest, after which the accused, in answer to the_ usual question, said that he had been drinking lately, and -prat y heavily at that. Ha i-ewombered going into the shop and borrowing a bicycle when he was three pwts diuak, but it wbb the man'd own fault for letting him have it. He afterwards Bold the bicycle as stated. Ac-sused was committed for trial at the next fitting of the District Conrt at Wanganui, bail baihg allowed, accused in £25 and two Buretio^ oE £35. ALIiEGED THEFT OP. MONET. James Dings and Alfred Parnoll were charged with stealing from the parß >n of James Dempsey the sum of £7 on the 18!h instant. Sargeint Ellison conducted the prosscutian, and Mr Lloya defeaded the accused Diggs. James Dempsey gave evidence as to having the money with him' on the day in question, in a purse, and said that after visiting the Metropolitan Hotel he went into the Butland with a Mr Davis, and wa? subsequently joined dy Jeremiah Ooakley. They went into one of the sitting rooms and sat dowD, and witness went to sleep in a chair. He had the purae in hw po.-kdt at the Rutland, and had no reason to balieve it waa tiken until ha got there. Ha was wakened at 10 o'clook, and then examined his purae and found that it was eraptf, and the loose silver fr>m his other pocket wat also gone. He did not know when Davis and Coakley left, nor could he say who o*me into the room while he was there. He was asleep between 5 and 10 o'clock. • Mary Dempsey, wife of the last witness, gave evidence as to the n»oney taken t> town by ter husband, and identified one of the not9s (produood) with the word " boys " on it a3 one upon whi jh eha had written. Pater Dodds Ho»g, draper, gave evidence as to seeing Mr Dampsey in the Bitting room at the Eutland. Dampsey called witness in and asked him to have a drink, but witness lefused. Coakley and Davis hid just come out. Both' the accused were in the room at the time, Purnell was on DamD3oj'a right, and Diggs on Dempsej'is left within touching distance. Jeremiah Coakley gave evidence aa to taking Demp>ay into the hotel in order to get him off the streef, and aa to tha others all being in the room together. He and Davis left the room to have a drink at the bar, leaving the accused in the'room witu Ddmpsey. After having the drink, and before leaving the hotel, witness looked int> the room and saw Dempsey still sleeping, the other two having, gono. He noticed them goina out. Thay wera in the room abaat 20 minutes altogether. Robert Stuckey, pirfcer at Ih3 Entlind, gave corrobora' ive evidence. William K. Tu-k, licensee of the Provincial,, gave evidence as to the two accused having had a drink at hi 3 place at about 6 o.'clock on Saturday afternoon. Diggs asked Purnell to lend him a pound; but the latter said he had none, upon which Diggs to k a sovereign out of his pocket and piid for it. Puraell left first. William Kinnaird, oabmin, g»va evidence as. to seeing the accused at Tuck's and having a drink with them. When Purnell came out witness took him in his cab and told him be did not think Diggs a proper person for him to heap company with, Purnell replied " He'a all right, he's just given me £3." Parnell and witness then drove round to Mrs Whel >nd hotel. Samuel Garner, upho:sterer, ttited that Diggs hade made certain purchases at his shop on Saturday last. He paid with a sovereign and a note, the latter having the word " boys " on it. Samuel Nbhol, ' storekeeper, gave evidence as t) the a?cu3ed Digga having also purchased certain t lings from him on Saturday night. John Sherman, constable, gave evidence as to the arrest, and this concluded the case for the prosecufcbn, Diggs did not give evidence, but Purnell went into the box and explained that he had entered the Rntland before he met Piggs, and was only in ths room a few minutes. At tbe Newmwket Diggs wanted to borrow a pound or two because hia wife was ill, and witness said that, as it was his pay day he would lend him 303. Kinnßird's safcment that he (Purnell) had said that Diggs had given him £3 was wrong. He had told Kincaird that D;gga wanted ro borrow money. His Worship said that in his opinion a prima fade case had been made out ! Bg»instDiggf>, and he would be committed to take his trial nt the nexl sitting of the Supreme Court, With regard to the other accused the evidence waa not sufficient to put him on his trial. The circumstances were perhaps somewhat suspicious } but, after hearing his explanation, he thought the case against him must be dismissed. Sometimes a msn was put in a position which caused sup. picion to be directed towards him, and he thought that, that wa3 so in this case. Digg 3 would be allowed bail, himself in .826 and two sureties of £25 nach.