police Intelligence.

Lake Wakatip Mail, Volume I, Issue 42, 23 September 1863, Page 6

police Intelligence.

POLICE COURT, QUEENSTOWN. v Before J. S. Hicksox, Esq., R.M.) Saturday, September 19. Drunk and Disorderly.—Two or three inebri-! atcs were mulcted in the usual penalty. Violent Assault. —George Stephenson, charged with this offence, was remanded for seven days at the request of Sergeant Lynch, who handed in a certificate from Dr. Pelhy that the prose-! cutor was unable to attend th • court. Larceny.—Patrick Morrissey, for st( •aling a cradle and a shovel at Frankton, was brought up on a remand for the production ot witnesses to character. Mr. Millet, sworn, deposed that he had known prisoner from a chiid, and he had always borne a good character. ! Sergeant Lynch considered it his duty to inform ins worship that prisoner was not a reputed thief. Sentenced to one month for the first offence, and a fortnight for the second. Embezzlement.—J. W. Harper was brought up j on a warrant charging him with having embezzled moneys belonging to his employers, and wa> remanded to the Arrow. j Robbery from the Person.— Peter M'Arthur was ehargeu with stealing £55 in half-sovereigns ( from Jeremiah Lcary at the Royal Hotel on Thursday, the 17th instant. Mr. Campbell appeared ou behalf of the prisoner, and made an application that a £5 note, his property, should be given up by the police. His Worship leiu-ed the application. Jeremiah Leary. sworn, deposed that he was a miner, at present residing at Queenstown. On ! the night of the 17th instant he was at the ! Roval Hotel, in the dancing saloon. Prisoner was there also; Wiis not acquainted with him. , He jostled prosecutor once or twice very close to his left-hand trousers pocket, where he had j about £55 in half-sovereigns. Thought once that he felt prisoner's hand in his pocket, but 1 when he turned round, thought he must have been mistaken, as he seemed a respectable man. i There were many persons standing around. Prisoner kept by his side till the crowd dispersed. Did not miss the money till abjut three-quarters of an hour after the prisoner had last rubbed up against him ; and when he did miss it, he found the prisoner had gone too. Looked for him, as he was the only man who could have taken it; and his suspicions were excited by prisoner's movements. Acquainted the police; and on giving further information next day, went with them to the Digger's Rest Hotel, where he found the prisoner and gave him into custody. By Mr. Campbell—The room was not very much crowded—only three daep; not nearly so j crowded as the court at this moo ent. No one else pressed against me up to the time I missed , the money. I was sober—l had had nothing to drink all the day. The money was in my lefthand trousers pocket in a chamois leather bag. The trousers were not particularly tight. The money must have been taken by prisoner by putting his hand in my pocket. I did not leave the house before I missed the money, nor even that part of the room. There might have been a hundred in the room at the time—it was not half-crowded. No one rubbed against me so closelv as the prisoner. It was about threequarters of an hour after I missed the prisoner that I noticed the loss of my money. I've seen the money in the hands of the police. I cannot swear to it, of course. Those now produced (*zß) are similar to those Il< st. I had never seen the prisoner before, to my knowledge. Daniel Duggan, sworn, deposed that he was a miner at present residing in Queenstown. Went to the Digger's Rest Hotel in company with the prosecutor and the police, and was posted to watch Smith's house. Prisoner crossed the road, appearing as if he had come out of Smith's house. Was talking with a storekeeper in the street at the time. From the information received he was the man. He went between two tents, and witness's suspicions being excited, he followed the prisoner. Heard him move the gravel as it he were planting something in a hole, but did not tee him. Was about four yards from him. No one was there but the prisoner, who afterwards came back into the road, and there went among the tents again, doubling about. Did not lose sight of him, and informed the police. Afterwards went with Constable Daly to point out the place where he suspected the prisoner h d been planting something. The constable removed the gravel, and took out twenty-eight half-sovereigns. They had about two or three inches of gravel over them. Those found were similar to those produced. There was an old hole there, which would be a good place to plant the money in if hard pressed. By Mr. Campbell—l know the prisoner, but he is not a mate of mine. We have lived and travelled together since we left Victoria about seven weeks ago. I knew he had the money on him which he has since lost. I was in the Royal the same night, though not in the same nart of the room as the prosecutor, nor did I go near him the whole evening. Did not notice the prisoner. The money was planted behind a tent, on the opposite side to Smith's house. 1 did not see him plant the money. I heard a scraping of the gravel, but when I caught sight of him again he was coming back again towards me. I do not think the noise I heard was his footstep over the gravel; it seemed to be shifting, as if it was being scraped off. The prisoner did not go there again before I pointed out the spot to the constable. I pointed out the exact spot. I did not notice anv other hole there. I had not been behind the tent before, to my knowledge. The money was lying loose in the

gravel. Constable John Daly, sworn, deposed that the prosecutor complained to him on tne night of the

17th, and described the man on whom his suspicions rested. He lodged an information at the station. Found the money the next day, as described by last witness. Duggan did not seem to hesitate, but pointed out the place directly. It was an old hole, about two feet and a-half wide ; one end was tilled with shavings and rubbish, and the other was full of gravel, which, from its fresh appearance, witness believed had been lately turned over. Moved it back with his hand, and found the money described. By Mr. Campbell.—The money might have been dropped in, in an instant, and covered up with the foot. The prisoner appeared to be nervous, and doubled about in a suspicious manner. Sergeant Lynch, sworn, deposed that he proceeded to the Digger's Rest Hotel, in company with the prosecutor, Daly, and Duggan, whom he placed so that no one could leave the house without their knowledge. Was making inquiries of Smith about the man, when he was informed the prisoner was making for the Lake, down Beach-street. He followed, and noticed the prisoner's apparent desire to get away. Arrested him, and while searching him at the Digger's Rest, directed Constable Daly and Duggan to endeavor to discover the supposed plant. Prisoner begged him not to be too hard on him. Prisoner—Nonsense, and false

Sergeant Lynch—The sum of £5 7s. 6d. was found on him. In the bunk he occupied at the Digger's Rest the carpet bag [produced] was found. It was opened in prisoner's presence, and a pair of scissors and a file wtre found therein. Prosecutor charged him with the offence, and he took prisoner to the station. By Mr. Campbell.—l have never before seen the prisoner to my knowledge. I was dressed in plain clothes when 1 took him. Will swear he did not say, 11 Are you not too hard on me," when I was putting the handcuffs on, and not what I have stated. I informed him what he was charged with when he was at the station - not before. The prosecutor did not say "he was not quite sure, but thought he was the man." He was positive as to his identity. Could not tell what would be the weight of £55 in halfsovereigns—had never tried the experiment. I partially searched the prisoner [at Smith's, but finished it at the watch-house.

Mr. Campbell submitted that there was not sufficient evidence against the prisoner to warrant his commital. In the first place there was the weight of the money—llo half sovereigns, in itself no inconsiderable amount, in the trousers pocket of the prosecutor. The prisoner appeared to have been standing near and rubbing against the prosecutor in a crowd—no unusual occurrence—and if the money had been lost as stated, it must have been taken out of his pocket, for it was not cut; and yet the prosecutor did not feel the loss of his money till threequarters of an hour after the alleged jostling by the prisoner. Then Duggan could, from having heard the sound of shifting gravel, tell exactly where the money was planted. What was to prove that Duggan himself had not taken the money, and put it where it was found ? The prosecutor had only been in Queenstown a week, and the prisoner could not know he had any sum of money on him, while Duggan knew of the possession of the money by the prosecutor —had known it ever since they had left Victoria together. If the prosecutor had been drunk, he might have lost the money as described ; but he distinctly stated he was quite sober. Duggan knew the exact spot—his (Mr. Campbell's) opinion was that it was a spot where he had been often before. With respect to the suspicions of the police, they were quite beside the question. Prisoner was walking about, and did not try to escape from them. Duggan had heard the giavel scraped, and could point out where the money was hidden. Some lady in Queenstown had stated, it is said, that it was " hard to be convicted upon the smell of a tumbler and in the present ca§e it was hard to be convicted on the scrape of gravel. The money might be some one else's money—there was nothing to prove jit belonged to prosecutor. It was 11 pity the country should be put to the expense of sending the piisoiier to town —no jury would convict him. The prisoner reserved his defence, and His Worship said he could not agree with Mr. Campbell. He considered the evidence was quite sufficient to warrant a committal. The prisoner was accordingly committed to take his trial at the next session of the Supreme Court in Duncdin.

Royues and Vagabonds.—John Miller, alias Little Jack, and James Sweeney were charged with being rogues and vagabonds. Mr. Campbell appeared for the prisoners, w 7 ho pleaded Not Guilty. Mr. Johnson, sworn, deposed that he was the landlord of the Rwyal Hotel, and recollected the night of the 17th instant. The prosecutor in the last case was reporting to him the circumstance of the robbery, when witness saw the two prisoners going out. Pointed them out to Leary, who said he did not suspect them. His suspicions were aroused at seeing them go out so suddenly and then return ; no one else went out at the time. Had known Sweeney for ten or eleven months —knew him at Wetherstone's ; had known Miller for five or six months. Had never heard anything against their character—they were working men, but were fond of seeing a little "life." Was not aware that they associated with thieves or sharpers. Was not aware that Little Jack was stopping at the Digger's Kest; believed the other man was barman there.

By Mr. Campbell—l knew nothing against their character. At the time Leary was tell ng me of the robbery, they went out —tluy could not have heard what he was saying. Leary said he did not suspect them. His Worship—What caused you to point them out ?

Witness—The fact of their leaving at that moment.

Jeremiah Leary—Knew nothing of the prisoner ; did not see them speaking to the man charged with the robbery. W. S. Whiteoak, sworn, deposed that he was working in the store of Mr. N. Marks, next the Digger's Rest Hotel. On the morning of the 18th went in to ask for change for a note. Miller tendered change, and gave two halfsovereign Did not ask him. Sergeant Lynch regretted the absence of Detective Callen, whose long residence in Queenstown would enable him to know the character of the prisoners. He was informed that they were men of the lowest repute, and one had been brought lip before as a vagrant. Mr. Campbell, for the defence, said that the prisoners were working men, and were now engaged on a contract for timber. The contract was in the hands of the police. Fred. Smith, sworn, stated that he was a publican. Knew both prisoners—Miller for about seven months, the other about fourteen. Sweeney was his cook on the Jordan, and has since been in his employ for about three months. Miller was waiter in Cameron's Hotel when witness first came to Queenstown; and was afterwards splitting wood for Mr. Gibson, who paid him off about a week or so ago. Never knew anything wrong about them. By Sergeant Lynch—l have been in Otago about nine months. I have been a fighting man, but am not now. I left the Jordan voluntarily —will swear I was not hunted off it by the

police. His Worship considered there was not sufficient evidence to substantiate the charges made, though there was strong suspicion ; and he therefore dismissed the prisoners with a caution. Sly-Grog. —Police v. Cornelius Driscoll.— Charge of illegally exposing for sale spirituous liquors. Defendant pleaded not guilty. Mr. Campbell for the defence. Sergeant Lynch, sworn, said that on the 17th instant, from information received, he went to the Harp of Erin Hotel, in Beach-street, and demanded to see the license, or permission from the Magistrate, to sell spirits. Nothing of the kind being forthcoming, and the defendant acknowledging he had none, he effected a seizure—of which those now in Court was a sample. There was 35 bottles of porter, 33 bottles of brandy, 11 bottles of gin, two gallons of sherry, five gallons of brandy in kegs, and other articles. Had seen men drinking there. By Mr. Campbell—The greater part of the articles I have named were exposed. There were two cases of gin in defendant s room—one opened, the other shut. The kegs were not exposed. Some of the bottles on the counter were cordials.

Constable John Daly gave corroborative evidence.

Mr. Campbell said that this was not a case of attempting to evade the law. The licence had been applied for, and the necessary notices given ; so that probably even at that time the licence was on its way up. The house was not an improper one, and the defendant himself bore a good character, as he could prove by competent witnesses. It had been the custom here for the Magistrates to give permission to sell, if there was reasonable expectation of the licence being granted. His Worship observed that there was no occasion to go further in the matter. He admitted that the licence had been applied for, but it could not be granted before the 30th September. The defendant bore a good character; and considering all the circumstances of the case, he should fine him £lO, and order ihe restoration of the property. The house was not to be reopened till the licence had arrived. Keeping a Disorderly House.—Police v. Fred Smith.—The defendant, landlord of the Digger's Rest Hotel, was summoned on the above charge. Mr. Campbell for the defendant. Constable Daly, sworn, stated that the Digger's Rest was the resort of thieves and bad characters, and the landlord was known to the police by repute as a fighting man. *By Mr. Campbell —I have seen a gaeater number of bad characters in his house than in any other in the town. I have seen them in other houses, of course ; but the Digger's Rest seems to be their home. I have never taken a thief out of his house. I haee seen men convicted of felony who have constantly used his house. Ido not know for certain that they lived there. I believe this is the first complaint made against him—he has been cautioned by a former Magistrate. Constable Edward Gawler said he had known defendant on the Jordan. Did not positively know anything against him there. Had seen more disreputable characters in his house than in any other in town—the house was a rendez-

vous for thieves. By Mr. Campbell—l have seen them there every hour of the day and night. Have had occasion to call there once and caution defendant for making a disturbance. A man who had been convicted of felony had been living in his house after his time was served. I have known men living there who were thieves by repute. Constable Pennefather stated that defendant was the associate of thieves, sharpers, and lighting men. Had seen disreputable characters "knocking about" there. The defendant had been arrested for drunkenness and disorderly conduct, and Mr. Wood had threatened to deprive him of his licence for his general bad character. ! Sergeant Lynch deposed that when he went to the house in question in search of the prisoner M'Arthur, defendant, offend him 110 assistance, but rather seemed to endeavor to throw obstacles in his way. Had ofren heard of defendant ; at the Arrow as being an associate of disreputable characters; and from what he had learnt of liim here, he was the last person who should

hold the respectable position of licensed victualler.

By Mr. Campbell—When I went in search of .'/Arthur he would give me no information whatever, and often contradicted himself.

Mr. Campbell in defence said that there was no evidence against the defendant. Even the thieves said to resort to the house were only so by repute, and every public house was a harbor for them as much as his was. The police could only find one man who had been living at the Digger's liest known to have been convicted, and lie was staying there after, and not before his sentence. No one had been taken from that houte by the police, and no publican could refuse to serve a man who was sober and orderly, no matter whether he had been a thief or not. He should call several neighbors of defendant, to prove the general character of the house. Mr. Cassias, sworn, stated that he had known Smith lor six months, and had repeatedly been to his house, and at all hours. Had never seen any disorderly characters or thieves there, and the worst he had seen was a rat or a dog fight. By Sergeant Lynch—l serve the defendant with grog—everything in his business, and do not know a more honorable man. Ido not know anything about his antecedents. Ido not judge of his character by his promptitude in paying. I will not swear it is a well-conducted house. I have been there on an average twice a week for the past six months ; stayed about ten minutes each time. Ido not know any of the thieves in Queenstown ; there might have been some there unknown to me.

.Richard Snell deposed that he was a carpenter, and now held the contract for the Freemasons' Hall. Had been living at the Diggers' Rest for over three months. Had never seen any thieves there to his knowledge. Defendant had always kept proper order. Had been in Queenstown four months.

By Sergeant Lynch—l am not acquainted with the bad characters in Queenstown; do not know them when I see them ; there might have been thieves there without my knowledge. Richard Sheldon said he knew defendant on the Jordan sixteen months ago for about six months. Had only been here for two days. Did not know anything against defendant. He had a public-house on the Jordan ; believed he left it voluntarily. By Sergeant Lynch—The police might have summoned defendant without my knowledge. lies Gash stated that he lived opposite defendant's house, in Beach-street. Did not know anything bad against him. There had only been one row there, and that the defendant soon put a stop to. By Sergeant Lynch—l have no connexion with thieves; could not tell a man was a thief unless I saw him steal something. lam constantly engaged at my own business, and do not notice who goes in to the Digger's Rest. There might have been thieves unknown to me there.

His Worship fined defendant £5, and informed him that unkss the poiice reported his house as being conducted in a proper manner, he should recommend that his licence be not renewed.