SUPREME COURT.—Tuesday. CRIMINAL SITTINGS. [Before Chief-Justice Sir G. A Arney.]

Daily Southern Cross, Volume XX, Issue 2303, 7 December 1864, Page 5

SUPREME COURT.— Tuesday. CRIMINAL SITTINGS. [Before Chief-Justice Sir G. A Arney.]

The Judge took his seat oa the bench shortly afte ton o'clock. THE BUSINESS. ' Mr. Merriroan said he had proposed to take tin cases of Jas. Williamson and Win. F, M. Warden two charges of embezzlement, but in the fust case f principal witness had absented himself only a iov moments previously; and, in the latter, Lieut;. -Col Sir H. Havelook, who was a witness, had f ailo I te make his appeal .nice in Court, although ho had conic down ftom ie A.wamutu iv order to give his 'cvi der.co. His Honor Baid lie would fix the iiist thing to moi row (this) moi ning for the heating of the ftrsl case— James Williamson, for envbez/.lement of Com missariat goods.

ALLEGED ttURGbAUr. Charles Ohaneit was attained, charged witli having feloniously broken into and entered tho shopol H. h. Piinio, Queon-strdofc. on the night of Sop' tember 17. Prisoner pleaded uoi guilty. Mr. Meiriman prosecuted; piisonor was undefended. Tho case was briefly opened by Mr. Memman, aud the following evidence adduced. — William Clifton deposed : I am a shopman, in the employ of Mr. Piimo, and was so on the nighb of September 17th last. I was in the habit of sleeping on the (itemises. 1 locked up the shop about 10 o'clock on Saturday night, September 17, and went away for about ha)f-au hour. On returning. I found tho door had been'unlocked, aud some per-oti inside had bolted it. I called Constable Lipsey, Avho Avas on duty in Queen-street, aud procuring a ladder, I entered tho promises through a window at the back. By the time I got inside, a policeman had entered, and opened the fi out door. The prisoner had been taken to the guardi oom m tho meantime. I scutched tho piouiiies with the constable, but missed; uo goods. i Ci oas-exainined by tho prisoner : You dealt wibh Mr. Piime, but had not been iv the shop that evening foi goods to iry knowledge. Francis Lipsey deposed : I am a constable in the Auckland force, and on the night of the 17th September \va* in duty in Queen-street between ten and eleven o'clock, when I saw tho last witness trying to unlock tho door of Mr. Piime's shop. ITe told me some one had entered and bolted the door'iuside. I went lound to the back and then he.ird a bolt shot inside the piemises. I kept watch, and saw the prisoner loave the premises. I followed and arrested him as he was walking sharply up Queenstiect I asked him what he wanted in the shop, when he told me that he went in for Mr. Pi imp to pay him his wages. T took him back to the shop, and found the last witness had got inside. I hfb constable Delaney in charge of the piemisrs, find tok piisonei to the guaid-room. On seuching him 1 found the key I now pioduce, which he said was the key of his own house, but which I found (inlooked the door of Mr. Piiine's shop. I took tho key to prisoner's house, at the rear oE Bucklaud's sale-yards; but could find no lock to hb lb. Cio s-evaimuod by the prisoner : You left the door unfastened when you went away from the 2')iemi-.es. The door was open when I letiuned. ■ Fiedciick Lambert Prii&e deposed : T am a stuekeeper in Queeu-stieeb. 1 have tiied the key ptoduced, and find it corresponds with tho lock on, my fi out-door. The prisoner was foimerly in my employ, and had been wot king for me one day dm ing the week. T owed him Is. Oil. at the tune. He had been in ill-health for so>no time, and I had employed him occasionally out of chanty. At this stage his Honor said he could nob see tho proof of felonious intent, no evidence being adduced in support of the chiuge ; and unless tho Ciown PioSLOiitor could show that he was able to go fin slier thn.ii he had, the case would have t*> be dismissed. Mr. MbiiMn.m said he was unable to do so — the case could go no fuither th.in it had • His Honor, addiessing the jmy, said he duliiiot see tha-i he could leduce the indictment to one of misdemeanour, and as there -\\as nothing to substantiate the chaige there l.vul a«a'mst the piisoner, he had uo alternative but to ducct the jmy to leiiun a verdict of Not guilty, and acquit the pmoucr. The ptiioner was ace u'dmgly acquitted

Oin'AI.NT.N'l! MOXCY UXDEH i' lL&n PKKTESCKSi Albol Kltipvodi, alias the Russian Count, was clmigwl with falsely obtaining, from ono EKven Cameion, the sum of £10. Piisoiusr pleaded not guilty. 'Mrr JUerriman pioseouttd ; ami Mr. "Wyu^^^~ fended The jury having baeu empanelled, the pi^>ncr challenged Mr S. Hill and Mi J. Me I. cod , "Jnnd two other jtiiors woic called m their places. J Mr. B Leors inteipictud the case for the piitoucr, and fche fi^t witness called was Ewen Uinieion, who deposed" In the beginning of June last I m\de the acquaintance of the pusouei. Kaily in that month he H-iked me if T would keep a store foi him. I said I would, if he would pay mo well, lie then put it oft until the sth July, when he <i-»ked me if I would g> into bustnes-, with him. I asked him whit business. He then took ni-> i,mncl to sumo places : the principal was the Gieyhoiind. He s ud he was going to get some money as p lyment for good*. He received £13 fiom a woman there m my piesence, over the bar. He siiU he had got the money for candles and tei he had sold Ho then went down to Mi. Lewis's stole, in Quecn-st/ect. He said th it he hail some candles ab Lewisßi others'. He then showed me a Luge numb°r of foo\es of candlos and tea, which he aliened lie hid brought fiom Melbourne, and wis paying Messts. Lewis so much )iei foot for storage and insmaucc It was before we went to Mtssn. Lewis Bro tilers th it the prisoner told me he had these goods. He told me whilst going down tho sti cot that the goods were his, and that he li.nl brought them fiom Melbourne. When he got to Lewis's stoi e< he pointe 1 out with his hand al>out 150 botes candles and 150 boxes tea. h\ a low tone he said, " Those goods aie mine." He told me also that he had 700 lbs. of tobacco in bruid He then asked me fur some money, on the hta lof fchp goods. I gave him £40 T gave him the £40 because he said I should have half the profits on the head of the goods. When I advanced that money I understood th.it the goods were jirisoner's own. I would not have advanced the money had I known the goods weie not his own piopcity. He said he had some diapeiy at Mr Jakins's stoic, after I let him have the money. He tiok me to Mr Jikina's stoic and pointed out some di apery goo Is, which he said belonged to him Atteiwarls he showed me papeii, which he said were invoices of goods. He read them out to me, but I li.ul not them in my hands. lEe then showed me one cheque, which he .said was foi payment of goods, which Mi. Vaile had bought from him. lie also produced one of Mr. James, of the Q. 0.13,. 13 , which ho .-aid was for goo.ln. He said Mr. James was one of his best customers. He did not take me to either of the places. After tlin hail occimecl, he rliinppeaied. I found that a certain steamer had loft •V.ucklaml, and at once got a warrant for his appicliensiou, signed by Mr. Beckham. I was then appointed spdeiil couslablj? to look after him, I then left foi Melbourne from Onehiitigii to Diiiiediu, and from thence to Melbourne, llemainejl there ten days, and after making ceitain Inquiiics I went on to Ballar.it, and then returned to Melbourne and Dnnedin, where I found the piisoner and ajvtehen led him I then brought him back to Auckland. I ivceived the document now produced from Mr. Cox's cleik in the piostmce of the piisoner. [Document produced 1 Cioss. avaniiiiol by \lr Wyuu : f. first met the piisoner about tho beginning of June I met him in Auckland. I wasstaiidnig under one of the verandahs in ShorUand-strcet when it was mining one day, and he spoke to mo lir-.t. Ho commenced his conversation by saying that the Custom liousa w.w a poor affair." I then left him. On l.ho Ist July I met him again in Queen stieeb, .near Mr. Macready's, watchmaker Pii-ioncr asked mo if I would have a' glass of wine. We went to Mr Micready's and hid some. .He a«ked me , what I wis doing, and I told 3iim I had just come into town, T then asked him what lie whs doing, and he told mo he was doing a large business heie. I told linn I thought he was doing nothing at which he felt au»ry. He tbe.ii said ho was a ilussian Count, and gave me his name. We then went up the stieet, and I left him near the Masonic Hotel. I went to Parnell. Previous to his* running away, he said he hail paid foi my lodgings. I was then lodging with Mr Henderson at Paruell. I then met him on the following morning, by appointment, in Shortland stieet Wo wine going tho Hamo way. lie «iud a good dual about Ihe amount of business he was doing in town, and wished mo to join him in the business, and 1 was to have a share of the piofits. I did not agree to it then. I did not give him the £40 until tho following day. I nhortly nfterwauli paired with him, and made an appointment to meet him at a coffee-room in Queen stieet. The coffee-loom *as ne^t door to Macren, ly's. Wo met accoidingly on the following moining at 10 o'clock The object of our meeting that moining was for piisoner to take me through the town, and show mo the amount of business he was doing. I agreed to' meet him at 10 o'clock, ai I could not como before. On this occasion h. produced the invoices, and not the cheques. I could not nee whether they were invoice*, and ho

said, "Como along," and we went out from the coffee-room' into Queen street. Wo went then, fco the Greyhound Hotel. 1 was under the impression that he was a Kussian Count. I had some conyersntion with him, through an interpreter, but the inteipreter did not speak » dozen words. The interpreter told me prisoner hnd bushels of money. Both of them spoke very good English. I gave prisoner the money outside the Union Bank. I went in and lie stopped oulside. He handed the money back to me, Q. 3 I wiihccl to have a receipt. He gave one at Mr. Cox'm, and I then handed the money back to him. ' After this transaction we got about twenty ijieces of drapery fiom Mr. Jakins. We then auanged that wo should have a store, in order to conduct our buMnos3. I know a peisou by the name of Abbott. I was with prisoner when lie sold about ten boxei of candles to Mr. Abbott. I will not swear tuere weio not twenty-five boxe3. I know a person by the name of ELelilt. I lecollccfc being at Mr. Heklt'M when a quantity of drapery was sold to him by the prisoner. The drapoiy belonged to the piisoner. I carried some and prisoner cariicd some. I met him in the stieet and he asked me to help him' carry the drapery. I never saw a bill of Mr. Heldt's. The goods weio taken fiom Hay and Honeymiui's. Ido not know anything about the piice given for the goods. When we went to Mr. Cox's office. I »aw his clerk, who diew out the piper for us. The whole of this time [ unc'eistood the prisoner to bo a mau of considerable means. 1U examined by Mr. Merriman : He wanted to take me through the town to show me the amount of business done by him. When the arrangement was made about taking a store, I should not have done so had I not believed lie was doing an enormous amount of business, otherwise I should not have entered into any tieaty with him. I gob none of the money the prisoner got for the goods. - The candles that were sold to Abbott weie sold in a dray at Abbotts place of business. I did not receive any portion of the proceeds of these candle?. The goods were sold after I advanced the £40. When the di apery was delivered at Heldt's he told me not to come forwaid. Gabriel Lewis deposed: I am one of the firm of Lewis, Brothei s, carrying on business in Lower Queenstieot. Prisoner has never stored any goods with me. tie has never bi ought any candles to my store, from Melbourne, He has bought some candles fiom me. He bought about 140 to 160 boxes. The transaction commenced on the 30th June, and lasted till Bth July. He had no caudles in my store on the sth July. Ho was not paying any storage to me at that time for candles. 1 think the candles which he had fiist were paid for. Some that he had on the Bth July weie not paid for. On the Cth July he purchased tliii teen boxes of tea from me. He was not the owner of any tea in my store on tho oth. The tea which ho bought on the 6th was not paid for. I had no insurance on tea oi candles belonging to him at any time, j-lemy Freeman Andiewt : I am chief cljik and waiehousekeeper in her Maje->ty'n Customs. Pnsoner never waiehousad any tobacco imported himself from Melbourne. He mi^lit have warehoused it in another poison's name, but it would have been a most unusual ttansaction. In the oidinary couise of business I should have known if he nad imported so Luge an amount of tobacco. Cross-examined by Mr. Wynn : I cannot say whether the ptisoner is the owner of any tobacco in lion I. When asked to give what information I could about this matter, I went caiofu ly over the books with my cleric. I will swear that prisoner's name was never in my books, and in an ordinary coune of business I should have known if he had nnpoited any tobacco. I was moie c ireful in looking over my accounts because another man — a German — had done a laige business in tobacco, and I thought it might, have been the same person. Richard James Veicoe: I am the son of tho pi opiietor of the Greyhound Hotel. I remember the pitaonei handing over some money to my mother, in all £15, early in July. I thiuk my mother put it in tho chsli liok. On the following inoining prisoner and pioiecutor called about ten o'clock in the moiniii". With my instructions n>y wife gave the money to the prisoner. The money given to piisonei was the same .is that given to my mother. When it was handed over t'> him he counted it and placed it in his pocket. I was then cai lying ou the business at the Gieyhouml. The trade transaction which 1 had was the ]>urehi->ing of sotno' c.iudles. The £15 had nothing at all to do with the caudle 1 ?. The money was left theie for safety. Ci oss examined by Mr. Wynn: Others make putchases besides myself. The money was left about ten o'clock at ni^lit. I believe there was somo drapery sold to some of our servants. John Jiippon V.ile deposed • I cany on business in Queen-street. The pnsoner cime to my house on the 9bh July last, in fcho evening. Ho i>skod mo-togiiiJ-linn a cheque for ninety sovereigns, which I did. Prisoner said he did not wish to havu sui.li a large quantity of i,'ohl with him. I had no tiaile hansaction with him. Gtioige .lakins deposed lam a stoiekeeper, lesiding in AucMmid. The prisonei had no diapjiy stoied in my pi ice in the beginning of July Itst, except whit he had bought of me. On the 7th July, he purchased so ne drapeiy to the amount of fi-tl. On th 3 sth he bro.ight a small paper parcel, Jaud called foi ifc shoitly aftei. He never had nny goods in my store, with the exception of those he pui chased fium me. I lecollect pnsonct coming; to my sfcuie on the day ho puichased the goods with Mr. Gaineion, who meiely accompanied him. Prisoner took me on one side, and beijan to pmchaio some dt apery goods. He asked me the price of the goods, and as I spoke lather loml, prisoner said "Hush," and pointed to Cameion, Miyiug the goods weio for him, and he did not want him to hear. Up to that time T had never sold .my goods to pi i-.oner. By Mi Wynn : The extent of tho pmcluie was £i\ IS-'. I made him a bill one, and dchveied it to |>riiouei. Pioseeu'.or was at that tune near the door of the stoic. Pusoner joined pioseeutor, and I beliove they went out together. Ihe goods weie never piid foi. Wm. Robins Dickson deposed ; lam a solicitors oleik. On the 6th ot July I w,is cleik at Mi. Ooj's. I diew out the receipt pioduced. Pnsoner signed it in my presence. By Mi Wynn : The object they had in coming into my office was to obtain a deed of partnership I accordingly picpmel one Afteiwatdtf the sum of £40 changed hati'ls. The money was given as the bonus of Ljonig into paitneiship. Ke-exaimned by Mi. Meiriman : The deed was never engi osscil. Piisonei never came back to the office, although I asktd him on three difl'eient occasions in Queen-stieet. I wished prisoner and Mr. Cameron to see the deed. This was tho ease for the piosecufciou. Mr. Wynn, in an able speech, then addressed tho jury on behalf of the defend int. Ilia Honor aftei wards summel up, and the juiy having letired for a shoit time, thoy returned with a veidict of Ijnilty. Tlieio being two other imliclmenU against the prisouei, his. Honoi sud he would like to examine the depositions and see if it would be uecessaiy to put the prisoner on hw trial on the other charges. Sentence was theiefoie deferrod until this morning, an 1 the pnsoner was lemanded iiccoidmgly. 'lhe Court adjourned at six o'clock uutil teu this morning.