THE Otago Daily Times. "Inveniam viam out Faciam." TUESDAY, DECEMBER 24, 1861. RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 34, 24 December 1861, Page 4

THE Otago Daily Times. "Inveniam viam out Faciam." TUESDAY, DECEMBER 24, 1861. RESIDENT MAGISTRATE'S COURT.

Saturday, 21st Dec. (Before J. H. Harris., Esq., R. M.)

P. Watson and J. Johnston, were each fined 2®s for Drunkenness.

Jane Stuart was committed to gaol for two months under the Vagrants Ordinance.

The Sticking-up at the West Taier'i.— Extraordinary Evidence, j John Anderson, alias Burris, was brought up on remand charged with highway robbery underarms, at the West Taieri, on the 18th October last. The prisoner was defended by Mr. South. Charles Christopher said : I remember the 18th of October last; between 7 and 8 o'clock in the morning, I was ascending the range at the back of Maungatua on my way to the diggings, when I met a man with a black mask, and a revolver in his hand, which he presented at me ; three more men armed and masked then came up, and pointing to a little bush in a gully said " Down." I tried to resist, but one of them took me by the collar, and said if I went quietly no harm would be done to me, they then searched me and bound my hands and feet with cords ; they took a silver watch, a revolver, and two pounds in money from me ; all tttj robbers had black silk hankerchiefs over their faros ; 14 other men weie taken and bound during the day ; I think that I could identify all the four men, but from circumstances which occurred afterwards I can particularly identify one of, them. After we were tied up one remained to keep watch over us, and I spoke a few words to him about the country ; he did not appear inclined to talk, as he said it was risking the lives of his mates. They left after dark and I then released myself, the knot being tied on the top of my right wrist ; I then went to the nearest magistrate, Mr. Fulton, of West Taieri, and gave him a written statement of what had occurred. I staid that night at Mr. Fulton's, and the next night at Mackay's Accommodation House ; I went to bed early but could not sleep in consequence of the noise, so I came down stairs again and went into the lower room ; I saw sitting near the door a man who I thought was one of the robbers, but was not quite sure ; seeing me looking at him he beckoned me to him and asked me was I one of those who had been stuck up ; 1 replied by asking him whether he was not one of those who had stuck me up. He said that he was ; there were a lot of people in the room at the time, but the noise was so great that, they could not hear what was said ; he asked me what I had lost and I told him ; he said that he had plenty of money, and if I would go mates with him to the diggings, he would get tools and pay the expenses, and I should have no cause to repent, it ; at first I was unwilling to go, and told him I had mates and a claim there already, and that I only wanted money to go there ; afterwards I consented to go with him, and he gave me £1 ; he afterwards gave me £2 on the road ; I thought lie might have mates in the neighbourhood and I consented to go from motives of prudence ; I helped him to carry the swag, and he took a tent and some provisions, from the scene of the robbery. When we got to Taupeka, I left him standing on the ridge between Gabriel's and Weatherston's gully, and I went down to my own tent and told my mates all that had occurred ; they advised me to get rid of my companion as soon as possible, or else lie might get me into some corner and shoot me ; 1 returned to him and went with him to the tent of some friend of his where he shaved and changed his clothes ; we had supper there, and then we returned to my tent and he took his things away, the things I had left there ; my mates were out, and I told him we had better separate, as the Police were making enquiries about me, and that as long as he left me alone I would leave him alone. He then went away and I never saw or heard of him again on the diggings. The day after, the police took me over to the camp to see if I could identify any of the men in custody there ; this was done several times, but I could not do so. At last I found this was interfering so much with my time that I was losing money by it ; I, therefore, moved my tent in hopes that the police would not be able to find me out ; a detective found me out about a fortnight since, and served me with a summons to appear here. At first I refused to go, but when I found I could be compelled, I came into town and was shown the prisoners in the goal; I immediately recognised the prisoner Burns, but I did not tell the Detective so ; I told him that I did not because I was afraid of his mates, and thought that the best plan was to hold my tongue, but, in a few minutes, I found this would not answer my purpose ; I told the detective the truth, and that I could identify Burns as the man who had stood sentry over me and afterwards accompanied me to the diggings. I remarked the colour of his beard and

of his hair at the time, I have not the least douht that the prisoner at the bar is the same man. .He had a revolver in each hand during the time he stood sentry over us. While on the diggings I received a warning from a perfect stranger to the effect that I dad better hold my tongue, and that I was going too often to the camp. Last Thursday, while walking in George-street, a man, at that time a stranger, came up to me and said " you know the situation of Burns ; you will know nothing about him as we are anxious to get him out of the country, and you are the only person that can identify him." I said "that I would say what I had said already," and I followed him and gave him m charge. I see him in court now. I have since recognized him as one of Buins's mates on the diggings. The sentry had on a Panama hat at the time of the robbery. Cross examined by Mr. South : When I came into town I came up to the Court and saw the prisoner brought in ; this was before I went to the goal, I recognised him then, and also in gaol; I told the Detective I did not know him because I thought I would be asked more questions ; I told him the truth a few minutes after ; I swear that I have no doubt that the prisoner is the man. William Maloney, of West Taieri, another of the victims, gave a somewhat similar account of the robbery ; the only important point in which his evidence differed from that of the previous witness being, that he stated the sentry wore a black felt hat instead of a Panama one. He did not see his face, but he remarked the colour of his hair and beard, and from these circumstances together with his voice and size, he believed the prisoner to be the man. He had spoken several times to him while tied up, but when brought in to the gaol the prisoner did not seem willing to speak to him ; but on the sth instant, he had heard the prisoner speak in Court, when he was not aware of the witness's presence, and he had immediately recognised the voice. He had not seen the man's face, but he had no doubt the prisoner was the man. Mr. South, on the part of the prisoner, applied for a remand, for the purpose of bringing up evidence for the defence. The prisoner was therefore remanded till next Thursday.