SUPREME COURT, HOKITIKA

Grey River Argus, Volume XV, Issue 1902, 10 September 1874, Page 2

SUPREME COURT, HOKITIKA

Tuesday, September 8. (Before His Honor Judge Richmond.) BREAKING AND ENTERING DWELLING NEAR PAROA. Isaac Robert Leonard, and Douglas fTenry Kersting, were placed on their trial, charged with breaking and entering into the dwelling house of James Lovell near Paroa, and stealing therefrom one pair of blucher boots and a revolver. The prisoners were undefended, and on being asked to plead, Leonard pleaded "Not Guilty" and Kersting "Guilty." The latter was then removed from Court, aud Leonard was placed upon his trial. Mr South briefly opened the case for the Crown and called Joseph Young, a miner, living at Paroa who deposed — I was living in a house belonging to James Lovell near Paroa in March last. I was in charge of the house and grounds. James Lovell is away in Melbourne. I was digging about a quarter of a mile from the house. I slept at Lo veil's house on the night of the 24th March, and left about seven in the morning to go my work. I left the house secure, the door being locked and the two windows fastened. About noon I saw two men coming from the Paroa. They went off the beach towards Lowell's house. Afterwards 1 saw one of the men standing for about ten minutes on an elevation. The two men passed me and spoke to me. When the prisoner passed he had a leather satchel like the one now produced. (Satchel produced.) The prisoner was one of the men, and the other was Kersting, who was arraigned with him. When I got back to the house at seven o'clock at night everything was in confusion. 1 missed a pair of nearly new blucher boots and a revolver. (Witness here identified the boots and revolver as his property.) A pane of glas3 in the bedroom window was broken, and the fastening of the woodwork broken down. The brass hook was there, but the eye and woodwork were torn away. I went to Hokitika that night and gave information to the police. I saw the prisoner with his mate next morning in custody. William Ford, a cook at Ellis's Newmarket Hotel, Arahura, said the prisoner, with Kerstiriff, slept at Ellis's Hotel on the night of the 25th March last. He (witness) showed them their room, and when he went in one of the men said to the other, pointing to a satchel containing a revolver. "It's all right, here it is." Both men had swags. Inspector O'Donnell proved arresting prisoners at the Newmarket Hotel, about five o'clock on the morning of the sth March. He found the two men sleeping, and woke them up and asked the prisoner if Kersting was his mate, to which prisoner said, "yes." Prisoner said they came from Greymouth. Asked if he had any firearms, he said, "no." Searched them, told them he was a police-officer, and arrested them. Found the satchel and revolver hanging on a wooden rack in the room. The swag claimed by Kersting contained a double-barrelled gun. Kersting was wearing the blucher boots produced. Subsequently, went to Paroa, and examined Lovell's house. (The Inspector here gave evidence as to the state In whioh ho found the houao, corroborating the witness Young's evidence.) By prisoner : None of the stolen property was found in the swag claimed by you. In the satchel containing the revolver there was a prayer-book bearing Kersting's name. The prisoner said he had no witnesses to call, and denied breaking into the house. He did not deny being in company with Kersting. His Honor, addressing, the prisoner, said, "Supposing you had been standing sentinel, while the other man committed the offence, you would be just as much a principal." The prisoner said— He did not break into the house. He was in company with Kersting, and they separated for a necessary purpose. He (prisoner) then got on a stump to look for Kersting. The latter overtook him, and he then knew Kersting •had committed the offence. He never saw Kersting enter the house. Kersting had pleaded guilty, and all the articles stolen were found on him. He admitted carrying the satchel for Kersting, who had a heavy swag to carry. Kersting never denied the offence, and when they were arrested, the question was never asked, but they were both committed, and had been six months in gaol. The foreman of the jury asked. how long the prisoners had been mates. His Honor was sorry that the prisoner could not be asked questions, but 3uch was the law. He could answer if he liked, but he was not obliged to. Prisoner said he knew Kersting in 1864 in the Armed Constabulary, and niei him in March last. They came together in a steamer to Wanganui, and afterwards to Greymouth. His Honor, in his charge, said the line of defence the prisoner had adopted was the best one open to him. If the jury thought lie was aiding and abetting Kersting, and standing sentinel while the latter broke into the house, there was a common design, and the prisoner was a principal. The prisoner's statement apparently went to show that he was an accessory after tho fact, but the jury could not convict him of being an accessory, but as a principal. After a brief retirement, the jury returned to Court with a verdict of "Not Guilty," the foreman saying the jury had given the prisoner the benefit of their doubts. Isaac R. Leonard was then placed upon his trial, charged with stealing a gun from the dwelling of James Lovell, at Paroa, on March ,25th. The evidence in this case was a mere repetition of that given in the fir3t case. The prisoner stated that he did not know by what fiction the State Attorney had managed to prosecute him on this charge, when he had been acquitted of stealing the revolver and boots. The gun was not found with him, but with the man who pleaded guilty. He (prisoner) did not know that the man had a sun in his possession until they crossed theriver, after passing Joseph Young. Prisoner did not break into the house nor steal the articles. The Judge, in charging the jury, said that their attention would be required to one point only. It was admitted that the prisoner's comrade was guilty, but the evidence tended to show that only one man had entered the house. If the | prisoner was confederate in the common design, and was proved to. haye r been ', carrying away* part of the common booty •:

of the enterprise, he was as much guilty as his companion. The jury then retired, and after about an hour's deliberation returned into Court with, a verdict of, "Not guilty," the foreman saying that there was a doubt, and they had given the prisoner the benefit of the doubt. The Judge on discharging the prisoner told him that he had had a very narrow escape, and it was to be hoped that it would be some time before he again ran the risk of standing in the dock. The prisoner Kersting was then placed in the dock. . In reply to questions from the Judge, the prisoner denied that he had been convicted of any oflence in Auckland, except once^f or drunkenness, in 1864. He admitted that the photograph shewn him was his likeness. His Honor said that the proofs before him as to prisoner's identity were sufficient to satisfy him, and they were informed that prisoner had been convicted several times in Auckland. The-authori-ties there had recognised 'the photograph!. It was painful to his Honor to pass the sentence which it was his duty to pass upon a young man who he could not help thinking had been in a different position, but he could not resist the proofs ideriti-" fyinghim with an old offender, who had been convicted of offences which had sub- 1 jected him to the most ignominious punishment ; in fact that his back had been acquainted with the lash. If he (the Judge) was wrong in so identifying the prisoner, he would be only too glad to rectify his error, but the certificates he. held showed that prisoner had been con-, victed five times for larceny, robbery from the person, and robbery with, violence. The sentence was that prisoner be kept in penal servitude within the Colony for the term'of nine years. The Court then adjourned.