Accused, who was de ended bj' Mr Finn, pled not guilty, and a ury, of \rliqm_ Mr .<^ % .'V^.ent Ij?.<iCtii--«s?W1 j?.<iCtii--«s?W iKStefi fdreman^ wns empannell«d. The Crown Prosecutor, stated, the, facta rfjthe case to be— that M^BirtcfwlderjlSft •n? of liis trunks in the wing'sbf the stage caving for Chrjstdmrehf with the intention )f returning shorffy- 'arfceV. He did not eturn to Dunedin till June last ; when ha )eciirni2 'aware, that his trjink, which bore iis name in large letters on each end, was nissirig from tlie theatre. The police were uf.onn.edqf !.his,los.s, but no trace of -the oat trutik\ v^aSj.gotunJUl Mr Batchcldor, with his troupe, arrived.:) in Invercargifl from Australia, ia September, lasfc. , -Accused was then' enga'ge.dVDy.,|Juni as a door keeper at Sloan's Thpai,re, without (Sus picion that ""he was the purlpjrnir of thft trunk. Communicatlen witli Detective ruoliy led to enquiries, which 'resulted in a search-warrant being obtained; With this the house of prisonor'sfather^tftrasa mere was visited; Accusediat first denied .ill knowledge of the tiuak, £ butseveral articles of its content^ haviqgbaenfoi^^^wtri buted., tHVqugii.Qut the', ctiesta , .anfi,,. other rece'p tables, in t,h,e house^lie^ ajirajttectj that he had taken it the T theatre by mis tnke. The .trunk' itself M was found, ininui the owner's nrime, under a heap of clothing. Accused .no-counted for liar ing .possession oti it by the fact that he was^ a servant of tie Buiford Dramatic^ Company, and in that capacity had been, employed in taking their luggage from the theatre, to the jail way station in Dunedin. fife, tbpk 1 the trunk under the impression that it belonged to "the company, arid onfindiag that'it was not tlieic property h^, was,a£raidr.to n tak«jit hack. There w : aa. , no, _, name, ;1 jQn.",,.&r 'he j alleged, wheu ho took it from, the theatr.e. He carried^'the trnnk'about ,po^,i)iaQe 'to, E' ja.ee, and finally brought jito inyercarijiU^ [c was afraid to speak of the trunk lest ho should be ssnt to. gaol. 'I'he Crown Prosecutor pointed out that there^aa a presumption in laiy in. lav or oJL jpi/ipner, inasmuch as,the trunk was not found in his possession , for some , time after/ it,, iwajh missed. : The question of intent] was one for the jury. ■;.. :r>. -i. .-t ■■ .1 ; R. 