SUPREME COURT.

Nelson Evening Mail, Volume II, Issue 114, 17 May 1867, Page 2

SUPREME COURT.

Thursday, May 16, 1867. [Before His Honor Mr. Justice Johnston.] The jury empanelled on the case of Ann Conolly, who had retired to consider their verdict at a quarter past 1 o'clock, returned into Court at ten minutes past 4, with a verdict of " ISTot Guilty," and the prisoner was immediately discharged. BURGLARY AT THE BULLER. John Seymour aud William Rennie were charged with having, on the 28th of February last, burglariously entered the i dwelling-house of Peter Hames Jones at i Westporr, and stealing therefrom the sum ! of £6 odd, the property of John M'C'arthy. j The prisoners were defended by Mr. j Keon, and the Crown Prosecutor having opened the case, called John M'Carthy, who, having been sworn, stated that he was residing at Westport on the 26th of February last, and a man named Frederick Schmidt accompanied him. They weut together to Mr. Jones' house, the Harp aud Eagle, aud they slept there -on the evening of the 27th. Witness, who had in his pocket a sum of £6, some keys, and some loose silver, went to bed first. The room was quite open to the bar, on a stage about a foot and a half higher. He had the money on him when he weut lo rest, and had | previously given Schmidt a pocketbook containing 60 sovereigns, in the presence : of the landlord, Jones, aud the two prisoners, who had not been long in the house. After wituess weut to bed, he heard the landlord order the prisoners out of the house ; he then went to sleep, and when he awoke, heard his mate, Schmidt, calling out his name. He went out, the door being open, and saw his mate holding the prisoner Seymour, and ano-her tall man standing in front of the one that was on the ground. The moment this man saw witness come out of the house, he ran away. Witness was ill, and laid down on the ground ; and when he got up again, he examined his pockets, aud missed the niouey already mentioned. He afterwards saw the keys and the half-sovereigns in the hands of Williams, the police constable. The half-sovereigns were much worn. (These, with the keys, were here produced, and were identified by the witness.) This witness was subjected to a long cross-examination by Mr. Iveon, with a view to shake his testimony generally, ou the score of his beiug too intoxicated at the time of the alleged burglary, to be able to give a reliable accouut of what happened. Frederick Schmidt, being sworn, stated that he was a miner residiug at Westport, and had arrived there with the last witness, putting up at the same house, where he saw the prisoners, iv the bar. His mate, M'Carthy, was also there at the time, and he (witness) asked him to give him his money to take care of, which he did, handing him a small square pocketbook, containing money, which he placed in his trousers' pocket. M'Carthy went and laid down on a stage above the bar, on his swag. Witness remained some time longer, talking with the landlord, and iheu laid down, the landlord shortly afterwards orderiug the prisoners out of the house. Witness lay awake half through the night, but did not observe the prisoners go out. The money was iv . his pocket wheu he lay dowu, and when it was still dark, he fell asleep, when he was awoke by a man coming to his feet, leaning over his body, aud putting his hand into his pocket. Wituess seized him by the arm; he had another man with him, and he struck him with a stone in the neck. The other man tried to get witness away from the man he had seized, and he was dragged outside by him. He then cried out for the landlord, Jones, for M'Carthy, and for the constable, saying he had been robbed. M'Carthy came first, and a policeman or Joues afterwards. After M'Carthy came, witness got the man down, and on searching his pocket, found a large stone in it. Tne constable Williams then. caine|down, and the prisoner Seymour was given in charge. Witness could not swear to the other man. The money was gone when he searched the man apprehended.

When lie and the constable came back from the gaol, they searched on the place where the struggle took place, and found 40 sovereigns, two half sovereigns, some small keys and a knife. A pin was afterwards found on the same spot. Mr. Keon cross-examined this witness also at very great length, but without eliciting any additional evidence of importance. Peter Homes Jones, being sworn, said that he kept the Harp and Eagle Hotel, at Westporf, and knew the two last witnesses, who came to his house on the 27th February. They remained some three or four days. He sil?o knew the prisoners, who arrived the same day. He saw M'Carthy give the pocket-book to Schmidt, after "shouting" for the party, which he put in his pocket. About eleven o'clock he ordered the pri souers to leave, which they refused to do, saying M'Carthy was first going to "shout" for them. Upon this, M'Carthy called out from where he was sleeping and directed him to serve them and let them go. They then left, and witness remarked to ihe barman that "they acted like two steamboat loafes." Rome one called out from the outside, and asked if he alluded to them. They afterwards asked to be admitted, the barman opened the door, and the two prisouers then charged him with calling his customers "lo.ifers." They then walked across the I stage to the kitchen, as they alleged, to find a box to go by the steamer Nflson. They said they could' not find it, and on witness threatening to send for a constable if they did not leave, they left the house. Witness went round the house, and found it quite secure. The canvas of all the windows was perfect, aud the back door was fastened with a nail. Witness then went to bed, but before daylight was awoke by loud cries from the stage, aud by something heavy falling on the floor. The bar door to the yard was j open, Seymour lying ou the ground, and Schmidt holding him down. Witness then asked the prisoner Seymour how he got in ? The constable soon came up, and Seymour was given in custody. He was then searched, and a paving stone was found in his pocket. The house was searched, and it was found that the calico covering the window of the barber's shop, opening into the bar, had been torn off from the frame work, sufficiently to admit of the passage through it of a middle sized man, and the room otherwise in disorder. The constable and several neighbors searched the ground round the house, and found the money already described. This witness*, who gave his evidence in a very clear and intelligent manner, was also cross-examined by Mr. Keon. William Williams, being sworn, stated that he was a constable at the West Coast, and fully corroborated the evidence of the previous witnesses, adding that he had arrested the prisoner Rennie as he was going on board the Ahuriri steamer, and that he took the two half-sovereigns identified by M'Carthy, as being his property, from the prisoner Seymour, with some keys aud other small articles. Mr. Keon submitted, that there was no case to go to the jury. His Honor was of opinion that there was sufficient evidence to justify his allowing the case to go on. Mr. Keon having addressed the jury for the defence, His Honor summed up, pointing out that a very great difference existed in the amount ot evidence brought against the two prisoners respectively. The jury haviug consulted together, retired at, twenty minutes past 6 o'clock, aud returned into Court shortly before 7 o'clock, with a verdict of "guilty" against the prisoner Seymour, aud "not guilty" as regarded the prisoner Rennie. His Honor then sentenced Seymour to four years' penal servitude, and the petty jury having been discharged, the criminal business ot the Assizes was brought to a conclusion.