Unsustained Charge Against a Denaby Trammer.

Lever Baxendale, trammer, of Denaby, was summoned by Ralph Marsh for the larceny of a watch.—Mr. G. W. Andrews defended.

The prosecutor said he was a miner, and resided at Elm View, Conisboro’, and was employed at Denaby Main Colliery. On Saturday, 18th April, he went to work at about six o’clock in number 39 stall. He took his waistcoat, containing his watch, off, and hung it on a nail at the gate-end. About ten o’clock the same morning he went to fetch his waistcoat to see what time it was, but found the watch missing. He gave information to his deputy, Cyrus Schofield, and looked about for his watch, but could not find it. About an hour afterwards Mr. Schofield showed him a watch, which he identified as his property. It was worth 8s. The prisoner was working in the same bank that morning. He had no right to take his watch.

Cross-examined, he said he had worked at the Denaby Main Colliery for 29 years. He had been out on strike. He had learnt that the prisoner had worked through the strike. There was about eight or nine in the gang. The prisoner’s clothing was 30 or 40 yards from his. He did not know that the lad previously lost a cap.

Cyrus Schofield, a deputy, employed by the Denaby Main Company, residing in Sargate, Mexboro’, said on the 18th April, in the morning, he was in charge of the Montagu district. About ten o’clock he searched all the men and boys in 39 stall and gate, and afterwards found a watch wrapped in a cap (produced) behind a prop. The prosecutor identified the watch as his property. The prisoner said the cap was his. He handed the watch over to P.C. Slack at 1.45. The prisoner passed the place where the prosecutor’s waistcoat was hung.

Cross-examined by Mr. Andrews, witness said he had always found him to be a well-conducted lad. He had told him that he had lost a cap once before. He (witness) had worked through the strike and the prisoner had come in during the strike. He did not know any feeling existed between any of the gang and the prisoner.

John Temple Armstrong, datalier, and Alfred Hague, trammer, having given evidence, P.C. Slack said at 1.45 p.m. on Saturday, the 18th inst., he took the prisoner into custody on the pit bank, and took him to Conisboro’ Police Station, and charged him with stealing the watch. Prisoner replied, “It is my cap, but I know nothing about the watch.” He afterwards said he had a watch of his own, but he had pawned it the previous week. Witness received the watch (produced) from the witness Schofield.

Mr. Andrews submitted that there was not evidence sufficient to convict the prisoner.—The prisoner was sworn, and he stated that on the date in question he was working in 39 stall. He hung his clothes outside the manhole. Up to the time Mr. Schofield came along he was tramming. He took Armstrong’s lamp in order to obtain a drink of water. His cap was hung up on the prop, and he left it there. He did not know anything about the watch. He had never been charged with any offence before.

Cross-examined by Inspector Watson, prisoner said he could not account for his cap being found in the place where it was, or for the watch being found inside it.

The Chairman said they had listened very carefully to the evidence, and they found nothing which could connect the prisoner with the taking of the watch, although it was found in his cap.—The case would be dismissed.