POLICE COURT.—Thursday. (Before J. H. Horne, Esq., J.P., and D. B Thornton, Esq., J.P.)

Daily Southern Cross, Volume XXVI, Issue 3940, 8 April 1870, Page 4

POLICE COURT.— Thursday. (Before J. H. Horne, Esq., J.P., and D. B Thornton, Esq., J.P.)

Drunkenness.— John Mcßride, for a first offence, was fined ss. and costs, or 24 hours' imprisonment ; and Maurice Walsh, for a second offence, was fined 10a. and costs, or I 48 hours' imprisonment with hard labour. Breach of the Municipal Police Act. —James M. Lennon was charged with a breach of the 27th sub-section of section 5 of the Municipal Police Act, by not keeping in good repair the cover over a well, situate in White-street.— The Inspector of Nuisances said he had twice called upon the defendant respecting the matter. Be treated the matter with indiffei ence. The well was in a place where a great many children were playing. Mr. Hesketh appeared for defendant, who, he said, was ill at the time the notice was given by the Inspector, and had intended to substantially cover the well. — The Bench inflicted a fine of 10s. ami coats. False Pretences. —Peter Storrier McKenzie, of Auckland, was charged by Andrew Rooney with having, on or about the 13th I December, 1869, at Auckland, obtained from i him an endorsement to a promissory note by false pretences, to wit, that the promissory note was made and signed by one Hamlm a member of the Provincial Council of Auckland, whereas in fact and in truth the said promissory note was not so signed by the said Hamlm.— Mr. Hesketh said it had been arranged between Messrs. Wynn and Sheehan, who appeared on opposite sides in the case, that the bail should be enlarged until Tuesday next.— The bail being enlarged, adjourned accordingly. ° Assault. — Francis Falcon, charged by Eliza Price with having assaulted her on the sth instant, by striking her on the eye and the nose with his clenohed fist, was discharged, proseoutrix declining to press the charge. ° c LAROSKY.—Maurioe Walsh waa charged with rtealine a bottle of old torn from the Greyhound HoteL—M*. Naughton conducted the prosecution. —John Gillanders, sworn, de rwecl 1 1 am barman in the Greyhound Hotel, »w pruoner in the hotel last night about i ° ?*#* I i^, SBed > bottle of old to* 11 from the hotel. I followed prisoner. 1 overtook mm, and took the bottle from him. (Bottle produced and identified.) It is the property of Mr. Corcoran, and is valued at 4s.— William Bills, sworn, deposed : I a-n a labouring man I was at the Greyhound Hotel last evening I saw prisoner there. He was sitting on the doorsteps when I, saw him. I saw him take a bottle from the shelf,, and put it under his" jumper. He then left the place.— Mr. Naugh- 5 ton stated that prisoner had been before the

Court previously for several offence's, but never before for larceny.— Sentenced told days imprisonment with hard labour , Breaches op 'hie Highways Act.— Robert Carroll, charged with a breach of the Highways Act, 1867, by neglecting to pay on demand the sum of £1 17s. Gd., due to the Piirriell Highway Board, pleaded that he ; had no title to the place he occupied. —Mr. Hesketh appeared fox complainant, and called Mr, J. W. Diddams, who deposed ' I L am rate-collector for the Parnell Highway Trustees. I kndw the defendant. I pro-< duce the assessment roll for the Parnell Highway District. The roll has been signed by the chairman. Defendant's name is on the? roll. He is designated as dwelling in an allotment the estimated value of which is £300 ; rates due, £1 17s. Gd., at lid. per pound. I have demanded payment. He has not paid it. The amount claimed is now due, for the year 18G9, to the Parnell Highway Board. — Cross-examined by defendant : I have asked you for payment. I cannot help yon not seeing me.— Judgment for plaintiff with edsta. Walter Stebbing was called, : ?o^ ge wltLl a ~ bv . eA< & °i the Highways Act, 1867, by neglecting to pay the amount of ±d 12s. 6d., rates due to the Parnell Highway Board, hitti did not appear.— Mr. Hesketh appeared for complainant.— Constable Cosgrave was called, and proved the service of the summonson Aprils.~Mr. J. W. Kddams proved the amount of rates claimed as beni" due,— Judgment for plaintiff, with costs. - Henry Everest was called to answer a similar charge, but did not appear. — Mr. Hesketh appeared for plaintiff;-- Detective Ternahan w»3 called, and proved the service of the summons on the 6th April.— Mr. J. W. Diddams proved that the amount of £2 3s. 9d. was due by defendant to the Parnell Highway Board.— Judgment for plaintiff, with costs. (It appears the above were the only outstanding claims out of some thirty informations, which had been laid against , defaulters. )— The Court was then adjourned until 2 o'clock p.m. (Before J. H. Hokne, Esq., J.P., and L. D. Nathan, Esq., J.P.) _ At 2 o'clock, p.m., this Court resumed its sittings. Larceny. — James Walter Arnold was charged with having stolen from out of a boot, the property of Luke Kenny, in his house in Albert-street, Auckland, on April 3, a chamois-leather bag containing £165 in gold. — Mr. Brookfielcl appeared for the prosecution, and Mr. Bennett for the defence. — Luke Kenny deposed : I am a settler, residingmAuckland. I live in my sou's house, in Albert-street. Previous to last Saturday prisoner had been lodging at my son's house for a fortnight or three weeks. On last Saturday I was possessed of £165 in gold. I generally kept it under my bed in a gun-case. Prisoner saw me with the money on the Ist of April, before I went to the Kaipara. I added five sovereigns to the amount. Before going away I removed the money from the gun-case, and put it into the right-foot boot, which hung over my bed. I returned on Monday evening last. When I returned I found my money had been taken from the boot, and the boot was on the floor. It was pointed out to me by the detective officer, and was the same in which I kept the money. (One of the sovereigns produced.) This was one ofthose stolen from my boot. I described it to the detective before it was shown to me. It is bent and indented. — By Mr. Bennett : Left the money in one of my boots. I left the money in my right-foot boot. I have seldom seen a sovereign indented the same way as the one produced. I was shown the sovereign by the detective on Monday evening, about 8 o'clock. It is the only sovereign I oan identify.— Edward Kenny deposed : I am a oabinetmaker, residing in Albert-street. Prisoner has been lodging at my house for some time past. My father went to Kaipara on last Saturday. On the evening of that day (Saturday) I had some conversation with prisoner which excited my curiosity. He said to me, when I returned home, "I wish you had been here this afternoon." I inquired, "What for?" He said a " cut-throat -looking tellow" had called and a&ked for a person named Dungayin. I asked if he had come in. He replied "Yes," and afterwards said ' ' No, " — that he only oame to the step of the door. He also asked if my father had seen me on Saturday before he went to Kaipara. I said, No. Ido not know a person named Dungavin. On Sunday last I went to Onehunga. I returned about half-past four. I left the. prisoner in the house, with another lodger. The prisoner was out when I returned. He afterwards returned soon after five o'clock. He said he had had some visitors that day, when 1 was out. He said they were inquiring for one of the young men. One of them he did not like the look of. I asked him if he knew the man. He said, "No." After that we had tea together. At halfpast six we went out for a walk to the wharf. I fastened the back door, and went out by the front door, and then fastened it. I, the prisoner, and another went together down Wyndham-street. The prisoner left my company at the Waitemata Hotel. When he left me, he said he had to meet a man, named Fmy, at the corner of Wellesley-street. He left me nith the purpose of meeting Finy. I next saw prisoner at half-past seven o'clock. I met him by the Exchange Hotel, Queenstreet. I was going up, and he called me over. I asked him if he had met Fmy. He said No ; that he had been walking in Queen-street ever since and had not seen him. The third party (Santie) was still with me. We then went to the end of the wharf. When we came up again we met Finy. Prisoner and Fmy passecf ' ' Good day" with each other when they met. About two minutes afterwards prisoner asked me if I thought his things were safe in the bakehouse. I saw him washing a shirt, a pair of trousers, and handkerchief thatmorning. Ireplied, "If my things be safe surely your paltry things would be safe." We went home about S o'clock. When we got home I found the back door open. I went in by the back door and struck 3 light. I saw a pair of knee boots in the centre of the floor. The boots were mine. They were not there when I left. It was in the kitchen I found them. I went next into the front room, and found some things on the floor, and my father's box open. It was a large box, and not the gun case. I had previously seen the boots hanging over his bed. One of these boots was on the floor when 1 came in with the other things. The other boot was found a few moments afterwards in the yard. It was the right-foot boot got in the yard. When my father returned I showed it to him. Prisoner told me he had not left Queen-street after parting with me. I next communicated with the police. On Monday evening I was searching with Detective Murphy for money in consequence of what my father had told "me. There is a bakehouse adjoining my house. I went under it while Detective Murphy held the candle. I found thirty-two and a-half sovereigns rolled up in a half-handkerchief. (Handkerchief produced.) I know to whom it belongs. I saw it in prisoner's possession on Sunday morning, before I went to Onehunga. I had also seen it in his possession about a week previously, I have no doubt but the handkerchief is prisoner's.— By Mr. Bennett : I am son of prosecutor. I have known prisoner for five years. ' Prisoner and I Sad tea together on Sunday evening. When I returned from the wharf : the back door was open. There is no lock Ito the back door. It is fastened with bolts. ■ | 1 found the house disordered. I did not 1 | pick up the boot that was found outside. It '. was on Monday evening that J told my father - that the boot found outside was a, right-foot I oooti X missed none of my own property ' on Sunday evening. I had some money in * \ box. No one knew I had it there. Prisoner ] wept in a room upstairs above th« one I sleep in. I had some drink on Sunday night, after ( the robbery, with prisoner. I sent prisoner twice for drink, and he came back swiftly. ( Santae has a key to the house, and I have * another. I saw Santie's key on the table after J the house was broken open. With the I detective I found the 32£ sovereigns in the ' half-handkerchief under the bake-house. l The handkerchief is prisoner's. I know it * by it- general appearance. There is no stain " or other mark by wMch I recognise it. —

Th6mas Terence Firry deposed : I am it tailor residing iv West Queen-street. I know the prisoner. I had no appointment to meet him anywhere in Auckland on Sunday evening last/ — Johanna McLeod deposed: I am a domestic servant, and live in Albertstreet. I live next door to Mr. Kenny. On Sunday evening last I saw prisoner leave Kemps house about half -past 6 o'clock. There was another person with him. They came out by the back door. After they went out I heard the back door fastened. I then saw Edward Kenny come out by the front door. I next saw the prisoner about 7 o'clock. I was then standing in, front of my house/ Prisoner was coming up Albert-street from the harbour/ He went round to the back of Kennys house. He did not stay there more than five minutes. He then went up Albert-street, walking Very smartly. He did not speak to me. I went after him for a, short way. He walked on to near Victoriastreet. I crossed to the other side of the street and passed him. I last saw him at the corner of Victoria-street. — By Mr. Bennett : I saw prisoner pass to the back of Kennys house, and he did not stay there more than five minutes. I heard no noise while prisoner was at the back of prisoner's iiouse. When Kenny himself went out, I heard tlie back door being barred. From our house we can hear even speaking in Kennys house. — James Murphy deposed : lam a detective officei". Last Sunday I heard of Kennys house being broken open. On receiving the information, I \Vent t© the house. I found the back door had been broken open, and a. lot of wearing apparel lying about the floor. I asked the prosecutor's son if tie had missed anything. He said he missed lsothing, but that his father had some mone3 r , and he did not know if he had taken it with him or not. On Monday evening I searched all the track premises m company with prosecutor's son. Prosecutor's sou found under the bakehouse a half - handkerchief, and 324 sovereigns tied itp in it. Prisoner was then in the house. As sdoli as I opened the handkerchief, prosecutor's son recognised it, and said he had seen it with prisoner on Sunday morning. Inconsequence of what prosecutor's? son had said I arrested prisoner, who said her was willing to go with me, as he thought suspicion would be attached to soins oue ire the house. The sovereign produced waa one of those found in the half -handkerchief. The prosecutor's son described such a sovereign before I saw it. — By Mr. Bennett: I arrested prisoner about 7 p.m. on Monday, after ihe discovery of the sovereigns. The prosecutor gave him in charge. He said he had suspected prisoner from the very first, as he was so very hard up. There is na mark on the sovereign beside the bending, and indentation. There is no particular mark on the half -handkerchief. I know nothing against the prisoner. The back dooi* 1 had every appearance of being forced open. — -The depositions having been read over, Mr. Bennett said the prisoner would reserve hig defence. — The prisoner was then duly committed to take his trial at the next criminal sittings of the Supreme Court,