COROMANDEL R. M. COURT. CHANGE OF SPECIMEN-STEALING.

Daily Southern Cross, Volume XXVII, Issue 4354, 29 July 1871, Page 3

COROMANDEL R. M. COURT. CHANGE OF SPECIMEN-STEAL-ING.

At the Resident Magistrate's Court, on July 27, before Major Keddell, R.M., David ftastie waa brought up on the charge o? stealing gold-bearing atone, the properfcv o f the Tokatea Goldmining Company, "Mr. Bullen conducted the prosecution, — The witnesses examined ' were : — Mr. Home legal manager of the company; Mr. 11. Kelly, manager of the mine ; John Eraser and John Macdonald, foremen of shifts in the mine. The facts of the case were that Macdonald, in going through one of the stopes on the 17th instant, was trying the laths in the roof of the stope, and on shaking some of them some loose stone appeared to be on the top. On searching he found three specimens, which induced him to look further; and in the next set of timbers, also in the roof of the stope, he found the specimens the subject of the prosecution. He allowed all the specimens to remain where he found thain. Had a consultation with the other foremen of shifts, and then with Mr. Kelly, who instructed him to leave the . specimens, and also instructed each of the foremen to ascertain from time to time during their hours of wftrk whether the "plants" had been disturbed. Macdonald, the first finder, ascertained on Mouday, Tuesday, and Wednesday, while |he was employed in the mine, that the specimens remained where they were. Th« other foremen did the same. The stone was seen at 3 o'clock on the afternoon of Thursday, the 20th, by Mr. Kelly. Fraser, the foremen of the night shift, went on to work at four in the afternoon. The prisoner was on that shift. An opportunity did not offer till abou b 10 o'clock for Fraser to go to the stope to see if the stone was there. On searching, it was found to be gone. Fraser then visited the portion ©f the mine where the prisoner was working, and ascertained from him that ho had gone up in the atope to assist another man in drilling a hole. His suspicion being aroused, ho observed the prisoner's coat stowed away behind a prop, about 20ft. from where he was working. Fraser put in Ms hand and felt_ the ooat, and felt a hard substance •imilar in size and shape to the missing specimen. He then left the mine, and called up the other foremen of shifts. He again visited the prisoner, but nothing was said relative to the specimen. He did not again go new him till about two minutes before twelve o'clock; whoa the shift terminated,. H« told prisoner, to fcwok off. Re. saw tho

prisoner go and take his coat from behind the prop, and throw it over his arm, and walk out of the drive. He (Fraser> accompanied him, talking on their way out. No« thing was said by the prisoner about tha specimen. At the month of the drrre, the other foremen of shifts were in waiting. On their coming up to them, Fraser told prisoner to stop, and charged him with taking spocicimens, the property of the company, away with him. On being accused, the prisonersaia, " 1 have one ; I got it up in the atope," either " last night or last shift." He added, "Heft it up there, and forgot to give it to you j I broke it out of the face in the stope." Fraser asked prisoner to come and show him where he got it, which he did. They were accompanied by the other foremen. The prisoner took him up into the atope, and pointed to the end of a lath on the side, and said that was where he had left it when he broke it out. This spot was about 20 feet from the place where the prisoner said he had broken out the stone, and about 60 feet from the place where the stone was seen at three o'clock by Mr. Kelly.— The stone was produced, and is of very peculiar shape. Ithw one long sharp point, tipped with a cryital, It weighs about 200z., and is valued at about £4. Of course it could not be carried in a coat for 300 feet without the person carrying being aware and reminded of its presence.-— At the conclusion of the evidence, the Magia* trate committed the prisoner to take his trial at next session of the Supreme Court.— Advertiser.