1908 Wanganui roll; living at Railway Department; railway clerk

Wanganui Chronicle,  26 May 1915: A WAVERLEY CASE

A young man named Herbert Barnard (Mr O. E. Maekay) pleaded not guilty to a charge of stealing £11 10s from the Waverley railway station on February 22. William J. Thompson, relieving officer who was in charge of the Waverley railway Station during February, said that on the 22nd on that month there were only three of the staff on duty. About 6.30 three trains came into the station almost together, two from Hawera and one from Wanganui. When he left the station, the drawer in the ticket office contained over £11. While going back to the office after attending to the arrival of the train he saw two of the staff speaking to the accused, asking him what he was doing in the office. A few minutes later he went to the drawer and found that the notes had gone. It was impossible to manipulate the drawer from the lobby.

When he balanced his cash that evening, he found it was £11 10s short. The accused had been in the railway service some years ago. Richard Lynch, railway cadet, said that on February 22 between 6 and 6.30 p.m. he sold a number of tickets. Witness left the office to bring a tablet in at half-past six and for a few minutes was busy with the train tablets. On returning, witness saw the accused in the office. Witness and Williams, a porter, both asked him what he was doing there. Accused repiled that he wanted a ticket, and was told to go round to the ticket windows. Accused seemed to have had a few drinks. The accused bought a single second class ticket for the racecourse. At that time the Hawera train had not left. The accused could have taken that train if he had wished to.

To Mr Mackay He did not know how much money was in the till or the safe. Frederick Williams, railway porter, said that on going into the office he saw the accused behind the counter. Witness told him to get out. Accused replied that he wanted a ticket for the Waverley racecourse. Witness subsequently identified the accused from a number of men at the Wanganui Police Station.

Thomas Harvey, hotel-keeper at Waverley,. said that on the night of February 22nd the accused asked witness to drive him through to Hawera in a car. Accused paid £3 in notes. He appeared to have had a few drinks.

Detective-Sergeant Siddells said that on February 23rd he saw the accused at his brother's shop in Wanganui. Accused was then about half drunk. In reply to a question the accused denied being at the Waverley railway station the night previously. The accused refused to make any explanations. The accused's brother said that the accused could not have been at Waverley. Accused subsequently (admitted that he went to Waverley to see Harvey, a previous witness. When arrested, the accused had 7s 2d on him.

The accused gave evidence on his own behalf. He said that he was employed by his brother selling patent medicines, and buying wool and skins. On Feb. 22nd he left Wanganui by the four o'clock train for Hawera. The accused had £7, which his brother had given him. Witness left the train at Waverley because of a coughing fit. On the platform a man approached him and asked for the loan of a shilling to go to the Waverley racecourse. Accused decided to buy a ticket for him. He walked into the- office because he thought he knew the station-master in the office. Finding nobody inside, accused started to walk out again. Witness, on getting a ticket, gave it and the change to the man outside. Accused went on to Hawera, but as he did not feel well he returned to Wanganui. To Mr Marshall: He had previously been in the railway service. Moses Barnard, chemist, said he employed his brother, the accused, as a traveller. On February 22nd witness gave the accused £7 and sent him to Hawera.

To Mr Marshall: Accused could travel by motor car or train as he pleased. On a previous occasion the accused left the train and continued his journey by motor car. He did not think that it would seriously inconvenience his brother, who was in bad health, to carry his bag, weighing about 201bs, from the Waverley railway station to the hotel at the township.

His Honour: Do you really tell the jury that? You must be either swearing falsely or else grossly ignorant of what you are talking about.

Mr Mackay said that the evidence of the Crown was purely circumstantial.

The accused's statement had been a straight-fonvard one, and perfectly feasible. It was quite possible that somebody else had stolen the money. The accused was entitled to the benefit of the doubt, although there might have been a suspicion against him. Mr Marshall said it was impossible to accept the statement made by the accused. There was proof that the accused was in the office at or about the time that the money was stolen. The story, of buying a ticket for another man was not worthy of belief. To the Foreman of the Jury: Accused said that he had lost the ticket which he had taken out to Hawera.

Addressing the jury, his Honour reviewed the evidence. He pointed out that a person did not steal when somebody was looking on, and evidence for the prosecution in such cases was largely circumstantial. The prisoner was found where he had no right to be. He had refused to make any statement when questioned by Detective Siddells.

The jury returned a verdict of not guilty and the prisoner was discharged.

1916 Herbert's death occured 4 Nov 1916 at Lockyer General Hospital, Laidley, Queensland caused by pulmonery Tuberculosis - he had been ill for some months during the 1 year 8 months he had been in Queensland. He was buried at Laidley Cemetery  Queensland (Section 1, Row 15, Lot 400, Stone 4) on 5 November 1916 and his death was registered at Ipswich　

   

Images and data used in this site copyright -
Descendant input to up-date family pages is very welcome - more detailed information available on request.