POLICE COURT.—Tuesday. [Before T. Beckham, Esq., R.M.]

Daily Southern Cross, Volume XXIII, Issue 3192, 9 October 1867, Page 3

POLICE COURT.— Tuesday. [Before T. Beckham, Esq., R.M.]

DBUNKENNEBS. George MolLenzie, John Ellis, Alexander Wallace, and Maria (a native) were puniihed for drunkenness.

iABOENT. Miohael Mullins was again brought up on the charge of stealing fourteen bottles of porter from Messrs. Cruickshank, Smart, and Co.'s store. The evidence had been mostly taken on Saturday last. James Whitelaw, in the employment of Messrs. Cruickshank, Smart, and Co., deposed that from the marks on the bottles he had no doubt whatever that they were stolen from the shed. Prisoner said that he had not been able to find the woman who had given him the bottles. His Worship found the case proved, and sentenced the prisoner to four months' imprisonment with hard labour.

HOTJSE-BEEAKIN&. John Kearns, John Warrington, and Edward Standring were again placed at the bar on the charge of breaking into Messrs. Henderson and Macfarlane's store. John McKay deposed : lam the manager of Messrs. Henderson and Macfarlane's mills, and of their store adjoining. On the2nd of October, at six at night, I locked and secnred the store, which contained a quantity of drapery and provisions. Between six and seven o'clock on the following morning, when I went to the store, I found the doors broken open, and the crowbar produced on my office table. It should have been in the mill, where it was left on the previous night. (Witness here went over the articles stolen, amounting m value to £44 175.6 d. A great number of articles were produced by detective OHara j and boots, shawls, flannels, socks, serge vests, braces, and other articles were identified by the. witness.) Cross-examined by Eearns : I can identify the flannel shirts in this bundle. One of them is slightly moth-eaten. James Cooper, gate-keeper at Mount Eden Stockade, deposed: All three prisoners have been imprisoned in the Stockade under sentence. They worked in separate gangs. On Thursday afternoon last, Kearns came to the Stockade, bringing a parcel, which was wrapped in the paper produced. The parcel was to be forwarded to one of the prisoners named Boyle. I afterwards gave it to detective O'Hara.. Kearns had been discharged under a pardon during the early part of the week that he brought the clothes. Cross-examined by Kearns : Mr. JNaughton was in the gaol when the parcel was given to me by you. Detective OHara deposed : On Friday last I went on board the steamer * Enterprise No. 2,' lying alongside the Queen-street Wharf. I saw the prisoners on board between decks. Kearns had a swag in his hand, which I now produce. He refused to give it to me, and I had to take it by force. (Swag produced, containing a number of the articles which had been identified by McKay.) On Kearns's person were a Crimean shirt, belt, wide-awake hat, box of matches, stick of tobacco, pair of moleskin trousers, boots, also 13s. Bd. in money. (Witness also identified the swag carried by Warrington, and the articles he had on.) Standring told me he had nothing. I brought the prisoners! up to the office. I went down again to the steamer, and found a swag in one of the bunks , I showed it to S fcandring , but he denied having it. On Standring's person were a pair of moleskin trousers, blucner boots, a serge shirt, Crimean shirt, wide-awake hat. One of the bundles I got from James Cooper, warder at the Stockade. John McKay was recalled, and deposed that he had no doubt that the belt worn by the prisoner Standring was one of those taken from the store. He could not swear positively to the other articles. The prisoners were then cautioned. Kearns said : When- I was coming out of Mount Eden Gaol, a man named Boyle in the gaol requested me to buy those things for him. I bought them and gave them to Mr. Cooper. Mr. Naughton was there at the time, and saw me. (Witness then was going into the whole matter, with the view of showing to his Worship, as he said, " that the evidence was not sufficient to send him to trial.") Standring, who belongs*to the 12th Eegiment, said : I was in bed at the Albert Barracks when the robbery was committed. I did not leave the Barracks till seven o'clock the next evening. I can prove that I have been wearing the belt that has been sworn to all the time I have been in barracks. Warrington declined to say anything. A soldier named Lynass, belonging to the 18th Eegiment, was called by Standring. He deposed : I have known Standring for about a month. I was in the habit of sleeping in the same room as the prisoner. I went to bed at half -past eight on the night of the 2nd. I did not see Standring that night nor next day. Detective Ternahan was called by Standring, and deposed : I went up to theßarracks,and found that Standring had been cooking on the 3rd October. I did not inquire as to where he was on the night of the 2nd. Prisoners were then committed to trial for larceny, Kearns remarking as he was leaving the box that it was very easy to convict people when they had got men in the police that would swear anything that was wanted. This concluded the business.