Alleged Theft of Specimens.

O'BRIEN COMMUTED FOR

TRIAL.

[by telegraph—own correspondent

Auckland, October 21.

The charge against William O'Brien of stealing specimens thp Coromandel Court late yssterday afternoon. Further evidence was taken as follows:—

Mr Kenrick, continuing, said ho assayed the bullion handed him by Detective Mcllveney. From examination of the quartz he was of the opinion that it was the same as came from the Welcome Find, H. ucaki North, Wynyardton, and Kapanga, T. W. Rhodes deposed that he had no knowledge of the Mary claim at Kennedy Bay. Had heard of no rich finds in that district.

William Cox, clerk of the Kapanga mine, said he knew accused as a man working in the mine. Accused might have worked with Andrews and Gunn without his knowledge. He produced the wages book showing a receipt by Wm. O'Brien when working in the mine, 1895, in March last. Andrews and Gunn's (tributers) gold return fell off.

By the Court: There was no picked stone crushed after March,

Henry Battens, re-called, stated that O'Brien was working in the Kapanga mine in 1895. He knew ho other man of that name,

Detective, Mollveney said that, in company, with Dotective McMahon, he arrested accused at Eraser's foundry, Parnell. Accused had stated that he wanted stone crushed, which he said he got from a man named Small. Later he said he got it from Bob Douglas, and he got it from the Hauraki North mine. Douglas was manager of the mine. He then said that five or six others wure implicated. Accused made the following statememt when he got to the Station (Mr Ngata here aßked the Court to note that he objected to the statement being put in.);— " Detective Office, Auckland, September 29, —I, William O'Brien, of Union street, Auckland, make the following voluntary statement. About 10 weoks ago Harry Gunn, John Gunn, Arthur Andrews, and myself had a parcel of quartz, weighing 36 pounds. We four named above, including myself, shared in the parcel, each of us having nine pounds eaoh. This parcel of 36 pounds came, out of the Kapanga mine at night time, the little bag of specimens making in all 36 pounds in weight. It oame up the shaft with a ton of crushing dirt, which is tied in half sacks, All was then left on the surface. The

little bags, two in number, were inside two of the larger bags. AH was left there near the battery until eight or nine p.m. by the clock. I think Arthur Andrew? then wont and cut

two of the sacks open and brought the two small bags of specimens over to the change-house, where Harry Gunn and myself-were waiting for his arrival. Andrews gave me one bag to carry around and bury in my garden, which I did. Arthur Andrews buried the

bag of specimens he had in my garden also.—Signed, WHliam Brien (his mark).. Witness, James Mclivenoy.' Detective Mcllveney, continuing, said that while accused made this statement he handed witness from his

pocket some bullion,.saying, 'Isuppose you will want this.' When charged he said they had only one lot treated at Eraser's. He informed witness that he would find Douglas between the Bank of New Zealand and Yictoria street.

Detective Maddern deposed to the arrest of Douglas.

Constable Law deposed that he re* ceived a specimen of Kapanga auriferous quartz from Cox, Knew of no mine called the Mary at Kennedy's Bay.

Arthur Andrews deposed that accused held a portion of Gunn's interest in the tribute. Accused was a son-in-law of Harry Gunn. He had no reason to believe that specimens were lost from the tribute.

This closed the prosecution, and accused was formally committed for trial at the Supreme Court next sit" tings, Bail was allowed, himself in £150, and two sureties of £150.