DISTRICT COURT.

Hawke's Bay Herald, Volume 3, Issue 122, 21 January 1860, Page 3

DISTRICT COURT.

The Court was opened on "Wednesday last, the 19th instant, by His Honor the Presiding Judge. The Clerk read the commission of His Honor, and. the appointment of J. N. Wilson, Esq., as Grown Prosecutor for the District. Case of JoJm Hambell. The Crown Prosecutor said that he had received from the Bench of Magistrates at Waipukurau, depositions in the case of John Hambell, committed for trial at this Court j but on examining them, be did not feel justified in filing an indictment against the defendant. Hambeil was now in Court in custody of his bail. The Judge asked for the depositions, and, after reading the same, said that the defendant would be discharged. He might remark that the justices by whom this ca3e bad been sent for trial did not seem to be aware of the constant practice in Wellington and elsewhere of merchants and others. who have money to pay on account of third parties, charging in advance payments to be made. From the depositions, it appeared that in this case the defendant had received a shilling for a certain* purpose, and the only question that could be raised was, whether this sum had been charged as a payment made, or as one intended to be made. He must confess that he was somewhat surprised to see such a case sent to a superior Court. John Hambell asked the Court whether he could get no redress. He had suffered much inconvenience, and been put to great expense through having been committed for trial. His "Honor : That I have nothing to do with. You must seek advice elsewhere. The Crown Prosecutor said that, on the 7th inst., he had written the Chairman of the Waipukurau Bench to the effect that he did not intend to present an indictment in the case; but this did not seem to have been communicated to the defendant. " . . His Honor: The case has been adjudicated upon. The names of the jury were now called. Henry Alley, Alexander Browne, and Philip Dolbell, were severally fined £5 each for non-attendance, with liberty' to shew cause at next sittings of the Court. Mr. Alley coming in shortly atterwards, the fine in his case was remitted, on account of the distance he had to come. William Boorman, of Napier, Solicitor, then appeared to answer the following information : — District of Hawke's Hat/.— John Nathaniel Wilson, Esquire, Crown Prosecutor of the District aforesaid, who for our Sovereign Lady the Queen prosecutes on this behalf, comes into Court for our said Lady the Queen, gives the Court here to understand and be informed, and presents that you William Boorman, on the seventh day of November, in the year of our Lord, 1859) certain money the property of Thomas Reynolds feloniously did steal take and carry away against the form of the statute in that case made and provided, and against the peace of our said Lady the Queen, her Crown and dignity. The defendant pleaded not guilty. Tha following jury were then empanelled: — Richard DolbelJ, Thomas Edwards, (foreman,) William FergusoD, Jno. Cameron, William Den ; holm, l^avid . Carswellj Samuel Fittal, Edward Cooke, George Fannin, Frederick Dyetfc, John Bray, John Benstead. John Chambers and James Chapman, on their names being called, were challenged by the prisoner, and discharged. Mr. J. B. Brathwaite, Manager of the Union. Bank, was excused by the Judge. ' The Crown Prosecutor asked the attention .of the court while he made one or two observations upon the anomalous position in which he was placed. On. this case being heard in the Resident Magistrate's court he had not. received the appointment he now held, and acted as counsel for the defendent. On being appointed. Crown Prb l^ eecutor he felt somewhat embarrassed, and he applied to the Attorney- General, to release him of the difficulty in which he waa placed. Some correspondence, ensued '• and the last letter was one of .iritrodubtion in "favor of-Mr.' Cumin, a barris' : ter, to, whom the prosecution was confided; " Mr. Curnin-.ha»;;not'- made, his appearance, and he Q^- rWP^9 Q ). had-therefbre.; no- course ; open to . him^but tolet .the ,case. dropi.wjiich of course he cotjldnot dpi or; to i agply^ha^. the, case should" be, renioyed.tb/the fSupisfeiife .Cqui't,'whicli lie felt ttat '< be^waa^preeliided i: fibm i 1 d6ing'^frbm ; '■ the : fact J;.i^t^^4ttoraev}v'(j^efed;-ha4' : directed the case

to be disposed of here. If the court could suggest any course by which he would be relieved from so unpleasant, a position he would/be glad. His ilonor said that thecase was certainly one of difficulty- but he, could see no other course than for Mr. Wilson to conduct the case. In doing so, however, he would not be called upon, in the examination of witnesses, to make use of any information which had reached him in any way but from the depositions themselves. The Crown Prosecutor.— May it please your Honor and Gentlemen of the Jury. This indictment, — although I fear the case will occupy a good deal of your time — is one the facts of which are within very nairow compass. These facts are indisputable ; there can be no doubt that on the 7th Nov. last the defendant did abstract a sum of money from the premises of Mr. Reynolds ; the sole question is with what intention did he take it ? I will ask you to consider especially that point, and to regard the remainder of the evidence to be adduced as leading you to come to a conclusion upon it. The first witness calledwas, — Thomas Beynolds, who, having been sworn, deposed : — I know the prisoner. I recollect the 7th Nov. ; Mr. Boorinan came to my house ; he stopped there during the morning, meanwhile Capt. Charlton came in, to whom I paid a bill. I took the money from, my desk, and placed the remainder of the notes on the table behind me, at the bottom of a looking glass. This was in the bed-room. I went out with Capt. Charlton; I was away about two minutes, leaving Mr. Boorman there. When I came hack I found that the roll of note 3 had been pulled out, and were hanging over the end of the table by the glass. I said nothing about it, although I felt uneasy, but sat down. I then took the roll of notes, put it in my desk, locked it, and put the keys in my pocket. Capt. Charlton came back, and I paid him another sum ; this I took out of the desk, and I left the keys in it. This was about 10 o'clock in the morning ; Mr. Boorman remained till about three in the afternoon, and then went away. He came back about half an hour afterwards or rather more. He stopped till about £ past 5 or 6 in the evening ; when going away then he asked for a chair to mount his horse (having been lame at the time). The horse was fastened to the front of the house, and while I took the chair, Mrs. Reynolds went to fetch the horse to the back door. Mr. Boorman camo out of the back door, made a pause, and then went back, through the shop and kitchen, and into the bedroom. He was there about five minutes or thereabouts. The prisoner here said that before the case went further, he wished to remark with reference to the opening of the crown prosecutor, that the taking of the money was undisputed, that he did dispute the taking. The Judge. — That is expressly in issue by the plea. Examination continued. — I went into the bed-room and shop, and when there heard a sound as if the flaps of the desk had fallen down, and some person move hurriedly to the table. (The desk was on a shelf, which was contiguous to the table). I pushed the door open, and Mr. Boorman was in the act of pouring wine from a decanter into a tumbler. He made no remark, but drank the wine. He came out of the bed-room, and I followed him. In going through the shop he pressed his hand on hia left hand pocket, as if he wero feeling lor something. He went away. I went into the bedroom and on opening the desk, the papers all fell out, the upper lid having been disturbed. (The desk is a folding one, with two flaps). The papers were all right, and the lids secured at the time I put the money in. I put the papers to right, opened the body of the desk, and found that the roll of notes had been taken sway ; also some sovereigns, and silver. There was a purs 6 in. the desk with one sovereign in it ; the gold in it before was Bor 9 sovereigns. I know that because' l counted the money on the,, previous Wednesday or Thursday to pay Captain Charlton's bill. I locked the desk, and, on going out, met Mr. Boorman returning. He called me to the back door, and asked mo how I was off for money. I said I had none to spare. He asked me if I could lend him £50, as he was very hard pushed. I said I could not. He then paused a bit, and asked me if I had any money in the house ; I replied I had a pound or two. He looked down on the horse's head for a moment, put his hand in his pocket, and took out some notes from his left hand pocket, and said he had picked them up on the floor of my room. I caught hold, of him by the hands, and said that he had robbed my desk. He kepi hold of the notes for a moment ; then relinquished them, and gave them to me. 'He rode off' then ; I went in doors and counted the notes. Next morning Mr. Boorman called again, and asked me if I had arranged about my business ; I told him, no. He asked me for wine ; I- told him I had none. He came off the horse and followed me in doors. He then .went away. On Wednesday morning Mr. Boorinan. again called; I spoke to him about the notes he had brought back, and -what money I thought I had missed ; and as Mr. Witherow. was in the next room,. I called him into hear what, passed. Mr. Boorman wished. Mrs. Reynolds to be called in, but I said no ; she knew nothing about it. He insisted, and I called her in, and told her that Mr. Boorman, on Monday evening, had taken money from my desk, that he had brought back some notes next day, and that I considered then that I was deficient about £13 or £14. Mr. Boorman said that it had been a drunken freak, and he would make it up. He wanted to see my books to see if I had lost so much. I got angry and lefc the room. On the following (Thursday) morning, Mr. Boorinan cam© down, and said tbat I could not have lost so much.money. I said that I had lost more— two £5 notes paid me, by Captain Curling not having, been accounted for, making) £23 in all. He said, he should not; pay « that amount, and that the law must nave its course. I then stepped out of the room and sent for a policeman. I returned to him -again. He was dlent forsome, £ime/ then, and very much agitated ; ha then asked me if I had sent for a policeman. I : said yee. . Footsteps wero heard outside' the door;. I asked my man if Groom had come, and lie said he had., Mr. Boormanllieu said, if I make the money up, '.what excuseSvillydu make to Groom. He made observations about other parties over-

hearing; I said that no one could overhear. I -said, now, Boor.man. it is your last chance; say yes or no, and don't say that I have not studied your reputation.- He then proposed to give me a bill at 3 month's for the money ; I said, no, he had taken the money and should return it again. He 'then agreed to give me a bill for £10 at 8 or 10 days — he was crying very much at the time — and £13 at 3 months. I objected to this, but Mr. Witherow, who was present, promised to take them up if I wanted the money ; and I then consented. [The two promissory notes ~were here produced and read.] Mr. Boorman wrote those notes in my presence (he had pulled out a bottle of oil of almonds, and -wa3 threatening at the time to make away with himself) and gave' them to "VVitherow, who handed them to me. Mr. Boorman then said that he -would not steal or thieve any move, and explained that he did not know how he came to do it, as he was not pressed. Mr. Witherow asked me if Boorman might stay to dinner ; after objecting, I consented. I sat down with them at the table for about three minutes, and left them. Shortly after, Mr. Boorman came to me and asked me to forgive him ; I said I had done so. I spoke to him on business that he had Imcl in hand for some time, and he said it would be all settled. I shook hands -with him and be left. Shortly afterwards he returned very much excited, as if he had been drinking. He said that he had seen Groom, and told him all about it ; he then demanded the notes, and said I might give him into custody. Mr. Boorman had brought Groom to me for the purpose of my giving him into custody. I then made a charge against him, and the case came on for hearing next day. The witness underwent a long examination by the prisoner, which principally turned upon the witness having kept no cash book, upon his not having counted his money from the previous Wednesday or Thursday, &c. It did not seem that anything new was elicited, and our space does not admit of its being re-printed. Sarah Ann Reynolds, the -wife of the last witness, was nest examined. Her evidence was nearly a recapitulation of that of the first witness. Amos Witherow recapitulated the conversation on the subject of the money between the prisoner, himself, and Mr. Reynolds. James M'Pieproved having collected £137 12s. out of the October accounts, and produced a statement of the sums so collected, and paid over by him to Eeynolds. Henry Groom, sworn, deposed : — On the 10th November, I 6aw the prisoner between Mr. Tiffen's and Mr. Newton's, in conversation with Mr. Aaronson. The prisoner asked me if I did not think Reynolds -was a thief, and Amos "Witherow a thisf. He then detailed the circumstances — that he had] taken notes off Reynolds' table and put them in his pocket ; that he had then returned them to Reynolds ■with the remark, what a foolish man he was to leave his money about ; that Reynolds had tried to extort money by threats from him, and that he would go to Reynolds and give himself into custody. We then arrived at the house;- the prisoner went into the bedroom, demanded back the bills, and gave himself into custody. I asked Reynolds what charge he had against the prisoner ; he hesitated to answer. Mr. Worgan was passing at this time, and the prisoner called him in. The prisoner said that he had been accused of stealing £23 ; woul'l he (Mr. Worgan) be bail for him. Worgan said certainly, and that the prisoner should be taken at once if Reynolds would press the charge. The prisoner then walked away. I waited a quarter of an hour before I could get an answer from Mr. Reynolds ; the charge was made out after th*t time. The prisoner had been crying, and was much excited when I met him. On the application of the prisoner, the depositions of Mr. and Mrs. Reynolds, and of Amos Witherow, taken in tho Resident Magistrate's -Court, were read by the clerk. Also, the following statement made, by the prisoner upon the same occasion, after having -been cautioned in the usual form : — "On Satm-day week last I wa3 in bed at my whara. Mr. Robjohn, with my clerk, called upon me in reference to the letting of his (Robjohn's) house to the prosecutor. In consequence of that visit I, on the following Monday, waited upon the prosecutor in reference to the taking of the Jease. He immediately produced some wine, and offered me some, and I then commenced to talk upon the business for which I had gone there. I strongly persuaded him to have nothing to do with the house. I asked him how he could be bo foolish as to enter into a business without having some accounts produced to give him some idea of what the real profits were. In the midst of the conversation Mr. Charlton came in, and I told him for what reason I was with the prosecutor, and Charlton agreed with my advice. Upon that the prosecutor agreed to give up the idea of taking the house. I then suggested to him the advisability of taking Munn's accommodation house, and it was arranged that I should see Mr. Munn, and ascertain whether he would let it. A3 I was leaving, I requested that a chair might be brought oat into the yard to enable mo to get on my horse T^ani while going into the yard I felt that a plaster that I had on my person had slipped. I returned into the -bedroom in which we had been sitting all day, for the purpose of adjusting the plaster. A-roll of bank notes was lying at the side of a desk, I put them into my pocket.. Just as I was leaving I, thought I would tako another glas3 of. wine,- irad- while in the act of pouring it out: the prosecutor came in. I took the notes simply in joke. I went away, and. was absent about half a 'minute, returned to the prosecutor's house and said, "How much money have you in. •fhejhouse ?" He said he did riot know to a pound' . oi* two. I sdid/"No, I should think not, if you i\esv.e your, notes about in this way," and handed himy.the notes, saying, "I took them .from the shelf by the ei&e of the desk," or words to that ; effect. . I went away, and the next ■ morning I called on Mr.. Munn in reference to the taking of his accommodation house, then proceeded to prosecutor's house, went iirand stayed a considerable time conferring and advising with him and Mr. ! Witherow as to the taking of the house that'Rqbjohn wanted to let. ; , The next day,,.l.agjwi>caired on Munn and found that ''tie was" out. *; I "then called on Mr. Sebley, and succeeded in dissuading.

him from taking a lease of a piece of land from Mr. Kelly. He paid me two guineas. I then went on to Reynolds' house and enquired if ha was in ; was told " no," and I left word that I . could not see Munn as he was gone round to the spit. I then rode across to Aaronson's, paid him 155., and Mr. Brooking being there, he, Aaronson, and myself tossed for pies. While eating the pica for which we had tossed, a man came and told me that Mr. Reynolds was in and would like to sea me. In a short time I went across the road to his house. I was shewn into the bedroom, and Mr. Reynolds wa3 there alone. I immediately asked him whether he had entirely made up his mind as to which house he would take. He .said, " Mr. Boorman, I have more serious business to talk to you about than that." He said, " You have taken money from my desk." I said, " Good God, Reynolds ! if you are going to talk inthis way let us have some parties present ;" and upon that, he went out and got Witherow and his wife to come in. The first thing I said, was, "Why have you not mentioned this before?" He gofc angry, said he would not answer my question, aad in a loud tone of voice, said that 1 was a lying thief and had been robbing him of his money. Mrs. Reynolds attempted to pacify him, and took him out of the room. As soon as he had left tho room, Witherow said, " Pay no attention to Mr. Reynolds, he is in a bad state of health and very excitable. A portion of the notes might have tumbled out of your pocket." I said, "That is possible but not at all probable. If Mr. Reynolds can prove to me by his books that he has lost any money, I must pay for my stupid freak." I asked him what was short ; he said about £6 or £8 ; and I left him with the understanding that the books should be investigated, and if, on the following morning, anything was found deficient, I would pay it, The next morning I called at.Reynolds' house, and found that Witherow had gone to my office. I went on to my office, and enquired of my clerk if Witherow had been there ; he said " Yes," and I left word that I was down at Ferrers'. Witherow came to Ferrers', and I went out with him j he gave me a piece of paper with an account of £23 upon it. I said, " Good gracious me ! how is it that yesterday you told me the amount was only £6 or £S, and now you bring me in an account for £23. Have you verified the account by the books?" He said, " No ; but that was the amount that Reynolds would swear to." I said, " I'll go then with you to Reynolds and speak to him ; " and I went there. I said to Reynolds, "don't you remember that it was arranged yesterday that any deficiency in your accounts was to be verified by books " — he, Mrs. Reynolds and myself being in one room. He said, "no, that he thought it was a great piece of impertinence on my part to ask him to produce his books after having robbed him." I said, " then things must take their course. I see you are attempting to rob me and I'll give myself into charge." The prosecutor said; " very well, went out of the room and returned, saying that he had sent for Groom , I sat in a very agitated state of mind, and. saying little or nothing. In a short space of time footsteps were heard outside of the room. The prosecutor immediately went from the room outside, and i # eturned almost immediately. He said, "now Mr. Boorman, Groom is here, this is your last chance. If you do not pay, you must go to prison." I still hesitated, feeling confident that I was being imposed upon ; and, after a short time, asked, "if Groom were there, what reason had they given to him for coining? " I said because the thing must now be too' late. Reynolds said," " I did not tell him for what he was sent, but I'll go out now and lead him to believe I wanted to see him to settle his account." On that I said, " I would give him two bills for the payment of the amount. that he said was deficient." And those bills were prepaid and signed by me. After the signing of them my feelings were so upset that I threw myself upon the bed and cried. Wine was immediately brought to me and the'prosecutor and Witherow came in, one after the other pres* sing me to come and take dinner with thorn. I said I would, and after a short time had elapsed, I went into the kitchen and sat down to dinner. After dinner I went into the bed room with Mr. Reynolds, and talked to him about the different matters of business that I then had in hand for him, I then left, and about 200 yard 3 from Mr. Reynolds, I met Groom. I had suspicions upon my mind at the time that a conspiracy had taken place to rob ms of money, and seeing Groom lat once asked Mm the question at what hour he was at Reynolds'. He telling me thathe had not been there at all, I made the observation " would you believe that Reynolds and Witherow are a couple of thieves." I then called- him ■on one side, told him the whole circumstances of the case, and said that I would immediately go and demand the bills back and give myself into custody, or for life I should be pestered with those men. I and Groom went to the rear of Reynolds' house, and I told Reynolds that I was prepared then and there to give myself into charge, and demanded the bills back. This he hesitated to doi and seeing Mr. Wdrgan pass by, I rushed out to him and asked him if he would, bail me out upon a charge of robbery. He pooh-poohed the idea, thinking I was jesting. I told him the circumstances of the caae t he said of courso he would do so. We stayed there some little time, and then walked quietly off to my wkare. ■ ' '

A press of advertisements prevents lia from giving , at. any length f the pon.clu.sion.of-thisrextr*-ordinary case. 'iJie prisoner, in- a clever defence, charged the witnesses" for the prosecution vrith conspiracy, and .dwelt at considerable length upon < defects and inconsistencies in the evidence. , Tho , Judge summed up minutely, and laidVdoW 'tho - law clearly. The- jury retired, btit; not" being able to agree upon'averdtetiwa^e locked' up.^-Jit"? p.m. they informed 1 "His .Exrator .that therei was; little probability^of their, agroeing-^9-bping,;thert, for' an abfjiiittai-. and! 3 'fo'r^ a^yerdict^of • guilty, . They w.er,ej accorflingly^ locteii'i||> |b^: the night,; : At JO oh- Friday: moniujg^the^ asKedttHe bpinioa of His Honor, upon. certain points, and srereagain loc'*edup till'll; At that houi.they > iarii{g:oom9 to po concluaion, I were/Qißcliar i oe4:ji9s^ttoe;K'i»: ,' ; soner was bound to appear .a^neit;fi.ifcl^^^ : af^h9 ; < Court— himself in. £50, and. „' .each. '/ .■■/.. ; " ■■■• '■''•; : ■ ; " :'.:;•-■; /^.•'-'■■7Sv-y%^' i i-.?