THE OLD STORY.

Wanganui Chronicle, Volume LXXVI, Issue 17789, 11 February 1920, Page 2

THE OLD STORY.

A LITTLE GAME OF POKER. WITH TWO “FULL HANDS.” HOW £4O VANISHED. At the Supreme Court yesterday before Mr Justice Sim and a jury three young men, John Evelyn Bryne, Richard Jones, and Archibald Hunter, were indicted on a charge that at Taihape, on the 18th December, 1919, they stole £4O from the person of John Henry McDonald. There was a further count that the three accused :.ole £4O from Mr McDonald. Mr C. C. Hutton appeared as Crown Prosecutor. Mr L. Cohen represented the three accused, who pleaded not guilty. Mr W. M. Ashton was chosen foreman of the jury. J. H. McDonald, in telling the story of h’s train ride on the 18th of December, said that he left Marton by the midnight express for Auckland. He entered a first-class car, where he noticed the three accused. Bryne and Hunter were sitting together, and Jones was some seats away. He was asked b> Bryne to have a game of cards, but refused. One of the two men then invited Jones to have a game of poker. Witness was asked to join in, and also was asked to change some money, but refused. I The guard came through, and witness asked him to find him his reserved seat. He produced his ticket, and in doing so pulled out a £2O note and four £5 notes. It would have been quite possible for accused to have seen the money. After the gjard left witness went to sleep, not waking until the train had passed Taihape. He had the money with his ticket in his hand in his pocket ■when he went to sleep. There was nobody in the carriage when he woke up, and his money was gone. The guard came in just then, so witness obtained his assistance in searching the train, but no sign could be seen of his late travelling companions. Witness left the train at Hihitahi, and returned to Taihape. The next time witness saw the accused was in the commercial room of Wakeman’s Hotel at Taihape. Witness told them he had come for his money. They denied that they had it. He then got the assistance of the police. The room was searched, and he saw Sergeant Matthews find a £2O note from behind an advertisement on the wall. Constable Garaghty, continuing the search, found four £5 notes behind the overmantel. One of these notes was torn at the bottom, in a similar manner to one which he had left Marton with. i f To Mr Cohen: A party of friends came to Marton Junction to see him oft. He did not dance on the platform, nor did he see any of his friends dancing there. He did not change a blue £lO note at Taihape that morning. He knew Chinaman Jackson’s place at Auckland, but had not met any of the accused there or played hazzard there. He had not played “two-up” at the “Harp of Erin” at Ellerslie with the accused. Didn’t you tell one of the accused that you had lost £l5O playing hazzard at the Premier Club in Auckland?—No. Continuing, witness said he sat alongside the accused while they were playing cards. Did you see one hand in which one player had a full hand of “knaves” and another a full hand of “queens”? —No. I did not take any notice of the games. I put it to you that »ou were the man who had the full hand of “knaves”?—On my oath, I played no cards on that train. You, having that hand of "knaves,” bet £lO with Hunter and produced your £2O note, and Hunter gave you a blue £lO note in change?—l played no cards on the train and j changed no money. Witness said that his holiday in Auckland cost him £4O, which was sent to him by a hotelkeeper at Marton. Didn’t you say to the men at Taihape: “If you don’t give me back the money, I’ll say you pinched it off me”?-—No, I didn’t. I told them I had come for the money you stole off me. Didn’t you say that to them in the hearing of others?—l deny it. He did not think that the few drinks he had that evening had made him sleepy; he thought the cigarette might have done so. David Devlin, railway guard, said the three accused and Mr McDonald were in a first class carriage. He saw McDonald with a ticket and some notes. After leaving Taihape he came to the guard's van and complained of being robbed. To the Foreman: The accused had first-class tickets to Taihape. David Fulton, night porter at Wakeman’s Hotel at Taihape. said that the accused, called at the hotel at 3 a.m. for accommodation. The house was full, so they were put into the commercial room. McDonald called a couple of hours later and asked to see the accused. To Mr Cohen: He did not hear Mr McDonald say to the accused, before the police arrived, that if they gave him back his money he would tell the police how they got it, and that they did not pinch it. Police Sergeant W. A. Matthews stated that when the accused were searched none had little more than one pound each, and they declared that that was all they had in their possession. Jones said he was going to Taumarunui races, Hunter

was going to Auckland, and Bryne was not particular as to where he was going. Jones said he got off at Taihape to get a drink, as there was none to get at Taumarunui, and Hunter gave a similar reason. None of the three had railway tickets on them. Witness took the men back to the hotel, where their bags were searched, but no money was found. Witness searched the furniture in the room, and found a £2O note behind an advertisement on the wall. No more money was found at that time. They denied any knowledge of the money. A further search revealed four more notes, which were hidden behind the overmantel. The notes were not dusty, and had the appearance of being recently handled. To Mr Cohen: Witness did not know what money McDonald had in his possession. Constable P. Geraghty gave evidence as to the finding of the notes. DANCING RAGTIME. John Elevyn Byrne, one of the accused, gave evidence and said he just saw McDonald dancing ragtime at the Marton station. McDonald joined witness and the other accused in a first-class carriage, and took part in a game of poker. Complainant had l ad a few drinks. Witness had played hazzards with McDonald on a previous occasion. The latter said he had done £l5O at a sitting. When they were playing poker on the train Hunter and McDonald each had ”a full hand.” Hunter had queens on top and McDonald had “jacks.” They rose it to a “tenner” and McDonald paid out. Witness won about £l2 and Jones also w r on something. At Taihape McDonald said if they did not give the money back he would tell the “coppers” they "pinched” it. They hid the money because they thought if the police did not find it on searching them nothing more would be done. It was a blunder to have hidden it. Mr Hutton: Were you before the Magistrate’s Court at Hastings in June last?—Yes. And you were convicted as being a rogue and a vagabond?—Nothing of the sort. That is a mistake. I was arrested for assaulting a constable and got three months. Y'ou were before the Court at Wellington?—l was fined £1 for obstructing the police. Do you frequent racecourses?— Yes. And you have been warned off?— Yes, once. Where?—Hawera. I was warned off by Mr Hollis and a racecourse de. tective. I was also warned off at Masterton. Accused volunteered an explanation in regard to the Hastings incident. He said he went to an hotel to see a jockey. A constable wanted his military papers, took him to the police station and charged him with assault. He was brought before two J.’sP., who gave him three months. “I had a solicitor to defend me,” added accused, “but he was a returned soldier suffering from shell-shock. When I paid him he said he would do anything he could for me after the three months. I felt like saying he could do the three months if he liked. (Laughter.) The jury returned a verdict of guilty against the three accused, who were remanded for sentence.