A contributor to the “Justice of the Peace” who states that he “was present both at the investigation and also at the Court, ” writes under date of August 17, 1921 as follows:-
….. A JP’s Summing Up
A certain detective, well known to me, was met in Bayley Street, Coolgardie, by a man who informed him that on the previous night he was sitting on the kerbstone in front of the Denver City Hotel in an intoxicated condition, having had a goodly number of drinks during the evening, when a man came along (with whom he had been previously drinking) and helped him across the street to a lodging house, where he laid him on a stretcher and left him.
Denver City Hotel 1935
On the following morning, when sober, he discovered that the pocket had been cut from his dungareees and that he was minus two sovereigns and one half-sovereign which had been in his possession on the previous night. The detective walked along Bayley Street with him whilst he was telling of his misfortune, and the former was asking him the description of the man who had so kindly helped him to bed, when suddenly the complainant pointed to two men walking towards them, and said, “That’s the man; the one with the white shirt.” The detective went to the white-shirted man, and said: “Come over here for a minute or two,” and both stepped across the street to the police station. The detective said to the man: “What money have you?” The man (Whose name was G—-) replied: “Half a bull.” The detective said: “Is that all?” G—-replied: “Yes.” The Detective then searched him, and in a tobacco pouch discovered two sovereigns and a half sovereign. The Detective said, “Where did you get these?” “Oh, a friend of mine gave them to me last night.” He was then locked up and charged with being in possession of two sovereigns and one half-sovereign reasonably suspected to be stolen, or otherwise unlawfully obtained.
The detective then began his investigations. He found first of all that defendant G—- had been lodging in Sylvester Street, Cooolgardie, a distance of about three hundred yards from the Denver City Hotel, in a skillion, the entrance of which was situated up a fenced-in passage about a yard wide, the entrance door lying about 20ft. along the passage. The detective here found under the window a pocket, which had been to all appearances hurriedly cut off with a knife, as it showed several jags on the edges. This was compared with the dungarees and was found to fit exactly the portion from which it was separated. The detective next found in the room occupied by the person charged portion of a magazine from which a small piece had been torn. The money found in the tobacco pouch was wrapped in a small piece of paper which, when compared with the magazine, showed beyond the shadow of a doubt that it had been torn from it. This appeared to be a good case for the detective, and he naturally was pleased with himself as having so well pieced his case together.
The case was heard before a Justice of the Peace, who was known as the alphabetical Justice, because of the many initials preceding his surname. After the whole of the evidence for the prosecution was heard, the defendant called a woman who had been noted as a sly grog shop proprietor, etc., and she swore that she had lent him the money on the previous night, and although the woman had been convicted on more than one occasion the justice with the alphabetical name (who was intimately acquainted with her) announced his decision as follows:-
“There appears to be a great element of doubt in this case; the defendant certainly was found in possession of the exact amount of money said to have been stolen, but still we have the sworn testimony of a very respectable woman that she gave the money to G—- on the night of the alleged robbery, and we must assume that she has spoken the truth. With regard to the piece of paper wrapped round the coins said to have been stolen, we cannot attach any importance; as that might be quite a coincidence. As to the pocket found by the detective, the wind may have carried it along to where it was picked up, and very likely it was cut out by some one other than the defendant. Taking all these facts into consideration, the defendant will get the benefit of the doubt, and is therefore discharged.
(The logic of some courts has not changed)
Ref: Courtesy of the WA Police Historical Soc
Moya Sharp
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Amazing logic by the Beak in this case. The photo of the Denver City Hotel reminds me that there is a new documentary just out that features this Pub and the lives of two Finnish barmaids therein.
Always enjoy your weekly stories Moya, but I’ve told you that before. !