SUPREME COURT.

Auckland Star, Volume XXVII, Issue 207, 6 September 1897, Page 5

SUPREME COURT.

SATURDAY.

CRIMINAL SITTINGS.

(Before His Honor Mr Justice Conolly). Theft.—John Peter Evans was indicted that on the 11th of August he stole one watch and chain, locket, and pendant, the property of Michael Meagher.—Prisoner pleaded not guilty. —The Court was kept waiting for one hour after the luncheon adjournment, a juryman failing to put in an appearance.—At five minutes to three the absent juryman, John Harding, returned.—His Honor : What excuse have you got for keeping the Court idle for an hour ?—Harding said he thought his Honor said the Court would resume at five minutes to three. His Honor said he could not understand how he made such a mistake. He had been on the jury during the week and the Court never adjourned for longer than an hour at luncheon time. —The case then proceeded, when Henry McVeigh, landlord of the Swan Hotel, deposed to Meagher and prisoner being at bis hotel on the afternoon of the 11th of August.—To a juror: When Meagher and prisoner left his hotel they were in a state to know what they were doing. — Constable Douthett, who arrested prisoner in Queen-street on the night of the theft, also gave evidence. He was then in a semi-state of intoxication. — Prisoner said that he knew nothing about the watch and chain. He was perfectly innocent.—ll is Honor said it was an exceedingly clear case if they could rely upon the evidence of the prosecutor.—The jury, who did not retire, found the prisoner guilty.—His Honor pointed out that he had a long list of offences against prisoner, but if he helped to recover the stolen property it might make a difference in the sentence. Prisoner persisted that he knew nothing about it. —His Honor said that he would defer sentence until Tuesday. His Honor said that in this case he would not allow prosecutor his expenses. If he liked to come to town and drinlc with a total stranger lie almost deserved to have his pocket picked. At a later stage after Evans had been taken back to the cells Mr Tole again mentioned the case to His Honor, and said the prisoner had sent for Chief Detective Grace and had given him information upon which the watch had been recovered. The detective was called, and stated that the prisoner, at the time he committed the offence, was acting as a substitute nightwatchman. He was continually the associate of thieves and went about robbing drunken men. The watch and chain had been recovered intact under a tree on a vacant allotment in Rokebystreet. His Honor smiled when Chief Detective Grace said the accused was acting as a nightwatchman. His Honor imposed a sentence of nine months with hard labour.

Assault and Robbery.—A young man named Michael Kelly was indicted that on Sunday, 4th of .July last, he did rob Benjamin Dewslmry, and that immediately before such robbery he did strike him.—Prisoner pleaded not guilty.—The prosecutor, a manufacturer of embrocation deposed, that he was staying at Cox's boarding house on the 4th July and went into Queen-street between 10 and 10.30 p.m. When he got to Fort-street, a party of three accosted him and said something about tobacco or matches. Before he could make a reply he received a blow on the left ' ear from one of the men which staggered him. One of them pinioned him and he was rendered perfectly helpless. His coat and trouser pockers were searched and the three men suddenly decamped. Ills hat was either knocked or snatched off his head. A moment after the men decamped a constable came round the corner and ; saw him half stupid looking for a hat. Witness, in the presence of the policeman, picked up a hat. near where he had been assaulted, but it was not witness' hat. Subsequently he saw his own hat in the possession of the police. Witness here identified his own hat and the one picked up. —Louis Schunian, cook at the Prince Arthur Hotel, deposed he was standing at the corner of the Thames Hotel about 10.10 on the night in question. He saw prisoner and another man named Davis running. He thought there was a third man ahead of them. They came from the direction of town, and were running up Custom-street East. "Witness saw prisoner again the same night in the Victoria Hotel about a quarter past eleven. The police rushed prisoner for another case, a robbery in Cox's. Witness saw him wearing the brown hat (produced). Prisoner was arrested at the Victoria Hotel.--Constable Bezar, who was on duty on the night of 4th duly, said he had occasion to chase prisoner and another man round the Thames corner that night. Prisoner was wearing the light hat (produced.) This would be not later than quarter past ten. Witness then got information from Dewslmry. He arrested prisoner after 11 o'clock. He was then wearing a brown hat.—Constable Skinner also gave evidence.—The jury found the prisoner guilty and sentence was deferred pending "the hearing of another charge against accused. TO-DAY'S PROCEEDINGS. Alleged Theft of Kauri Loos.—John De Vere, a respectable looking man, sun-endered his bail and was indicted that on 10th of June last at Puru, near Thames, he stole two kauri logs, the property of Frederick Jackson.—Accused pleaded not guilty and was defended by Mr W. J. Napier.—The Hon. J. A. Tole, Crown Prosecutor, conducted the case for the Crown. —When the jury was empanelled His Honor remarked that there was a great mass of evidence. He wanted to know if it was all to be taken. — Mr Napier - said they did not deny taking the logs, but denied felonious intent. Accused thought the two logs were abandoned.—Mr Tole said he would, therefore, only call four witnesses, and ouut five.—His Honor took a note of what Mr Napier said, viz., that accused admitted taking the logs, there was no felonious intent, and that accused thought the logs were abandoned.—On the application of Mr Napier witnesses- were ordered out of Court. Mr Napier said he would call no witnesses. —Mr Tole opened the case for the Crown, and said it appeared that four years ago, Mr Jackson Ixmght one of the logs from Mr Geo. Foster and the other he took as a drift log, which had broken away. Mr Jackson had the logs high and dry above high water mark at Puru Creek. One log was ten feet loag and six feet through, and the other was 23 feet long and 11 feet girth. The two logs were made fast with fencing wire, and both were branded Una (Mr Jackson's brand) in several places. The logs were taken away in June, and found on Tararn beach, five or six miles distant from Puru. The 23 feet log had been almost broken up and disposed of, and the 10 feet log was split up in three places, the brands being still visible. When accused was questioned as to how he came by the logs, his answers were evasive. At last he admitted he got them where Mr Jackson said they had been lying.—Frederick Jackson, the prosecutor, in evidence said he. was a master mariner. He had places at Tapu and Puru. He bore out the statement of Mr Tole in his opening, and said that he bought one of the logs from Mr Geo. Foster, and the other he picked up afloat in the Thames gulf. The logs were made fast with fencing -wire at Puru Creek.—ln cross-examin-ation witness said he paid Foster 25s for the log. Two or three months after this he found the other log at sea.—Geo. Foster, E. Jamieson, H. Jackson and Constable Stapleton were also examined on behalf of the Crovn.—Mr Napier then

opened the case for the defence. He said he intended to show there was no fastening to the logs, and that the brands were so indistinct that they were not noticeable until pointed out. — A youth named Alfred Brien deposed that he helped to cut the logs. He did not notice any brands until they were pointed out.—Malcolm Bruce, who said that he assisted to launch the logs in May and to remove them in June, gave evidence. He said that when he went to remove the loga the big log was ljdng on the foreshore, 200 yards from the Puru Creek. It was not in any way fastened. The long log was found on the banks of the creek, and was not made fast in any way. The logs -were removed from Puru in the daylight. The long log bore the appearance that it had remained on the beach for many years. It was rotten on the outside.—After the luncheon adjournment, Mr Napier addressed the jury on behalf of accused. He submitted that accused Avas quite justified ill assuming that the logs had been abandoned, and he also referred to the open maimer in which they were taken in broad daylight.—Mr Tole replied, and His Honor summed up the whole case. (Left Sittitg.)