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Colonial Cases

R. v. Ah Kim 3, 1874

[larceny by Chinese]

 

R. v. Ah Kim 3

Police Court, Palmerston
Price, 1 May 1874
Source: Northern Territory Times and Gazette, 8 May 1874, p 3

 

LAW COURTS. 

POLICE COURT-PALMERSTON. 

Friday, May 1. 

(Before Mr. Price, S.M.) 

Ah Kim, a Chinaman, was charged with stealing various cheques and notes at Palmerston. 

Dr. Kaufmann for the prisoner. Frederick Frith, of Southport, publican, stated that he remitted money to Mr. Frew in a letter about three weeks previously. The letter contained £18 in notes and the balance in cheques. (The cheques now produced.) Gave the letter to Mr. T. Gore to pay the money into the Bank, The letter was addressed to the manager of the Bank. Heard by telegram that the money had not been paid in. 

George Tasker, police-trooper, said he arrested prisoner on 24th April, on suspicion of having cheques in his possession and appropriating them to his own use. Cautioned him. On 27th April prisoner sent for witness to his cell, and said: "I threw away the cheque for £5 10s. with letter when Mr. Davidson brought me down along to station. I find him along the road between Mr. Smith's house and my tent. You take me up along road. I show you where I pitch him." Went with him up Mitchell-street, and he pointed out the place where he had picked up the letter. Searched about and found the bank slip marked E. On 30th April asked prisoner if he knew where he had dropped the cheque for £5 10s. and the letter. He said he would show me. He took me to a gutter near Gore's store in Mitchell-street; but I found nothing there. On another occasion prisoner said he had cashed a £2 cheque and a £10 cheque. The cheque marked B is the £2 cheque referred to. Received the cheque marked B from the Bank; also the cheque marked A for £10. Received the cheque marked D from John Marston, and also the letter marked E. 

Mr. Frew said the place spoken of by prisoner and where the first-mentioned paper was found was out of the usual way which witness took on returning home. 

Police-trooper Lee confirmed a portion of the evidence of Tasker, and stated that prisoner made the following voluntary statement-"I see him notes, cheques. Put him along pocket; throw him paper away; it no good." 

Mr. Davidson, the teller at the Bank, gave evidence to the effect that prisoner came on the 15th April, and got gold for 11 or 15 one pound notes. On the 22nd April he came again to deposit £31 15s. 3d. There was a cheque for £10, now produced marked A. Was with the troopers when they took prisoner to find the cheques. He had no account at the Bank before depositing the £31 15s. 3d. 

Orlando Hughes, printer, said that about a fortnight ago prisoner asked him to come to his tent, and there showed him some cheques. He said he had received them in payment "along o' garden." It was after the 4th April. 

Prisoner was committed for trial at the next September sittings of the Supreme Court.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School