POLICE COURT.—Saturday.

New Zealander, Volume XIX, Issue 1825, 23 March 1863, Page 3

POLICE COURT. —Saturday.

LARCENCY. William Candy, a private in the 40th Regt., was brought up on remand, charged with stealing a purse containing a £5 note from the person of Robert McCrae. Mr. Wynn appeared for the prisoner. Robert McCrae deposed: I am a clerk, at present out of employment. Live in Victoria-street. I know the prisoner. Last Wednesday week I saw him at the Greyhound hotel, at about ten o’clock in the evening. Another soldier of the 40th was also with us. We had a glass of beer each betore leaving the hotel. I paid for it. We all three left together at about ten o’clock, and went down the wharf and on board the Devonshire, where we remained five or ten minutes. We ail three returned to the foot of Victoria-street, when I asked him for my knife which I had lent him coming up the street. He said that he had not got it, but he had the blade. He told me to feel in my pockets. I had the same coat and waistcoat on as now. I felt but did not find my knife. Prisoner then came forward and felt my coat outside, saying you had better make sure. On searching my pocket I missed my purse containing a £5 note on the North of Ireland Banking Company. Don’t recollect the number, but think I would know it again. The note produced is like it, but not recollecting the number I can’t swear to it. The one I lost had been split and pasted together again something like this. I turned and left them at about the time 1 missed my purse. I then came down to the police office, and told Sergeant-major Smith. I went up to the Albert Barracks with him the same night and identified the prisoner. After they' had searched the prisoner 1 saw the £5 note produced, and said I thought it was mine. 1 have not much doubt about it, but I can’t identify the number. When in the Greyhound the purse was in my pocket. It was in my pocket when I left the Greyhound. I felt it in my pocket alter leaving. I did not go near anybody but the prisoner and his companion irom that time to when I lost the purse, or speak to anybody except on board the Devonshire. It was not possible for anybody to have taken the purse but the prisoner. Besides him no person touched me. Cross-examined by Mr. Wynn: I was quite sober. The prisoner did not appear to be the worse for liquor. All 1 saw him drink the whole evening was two glasses of beer The o her man did not seem the worse for linum, mthe.t ( fii*'- him in tit., tiroylnnmd, Us *d 1 9 him, t him

as soon as I went in. I had drank one glass before that myself, and only one. The purse was a leather one with silk round it. I had seen the note half-an-hour before. It is a common thing for a note to be cut and pasted together again as this is. They are ottener so in Ireland than whole. I brought no notes of this description from England. I got this from a friend who come out in the same ship. He had another like this, and a Bank of England one. He took a number of these notes on board ship with him when he started. 1 cannot swear that this is not one of the others. I believe he had five or six with him. I lent him my knife to cut tobacco. .My purse was in the inside breast pocket of my coat, and ray knife in the waistcoat pocket. I did not miss ray purse till I felt for my knife. I don’t know how it was that any one could have put his hand in my breast coat pocket without my knowing it. I wont swear that the prisoner did it. It might have been the other man. The prisoner felt ray coat on the outside. It was between eleven and twelve o’clock when I gave information of the robbery. The prisoner was placed in the military guard room. I saw him the next day. Prisoner said he thought it would be better that ] should say nothing about it. I agreed with him. That was all that transpired between us. Another soldier named Lent said he would give me the money if I would say nothing about it. I agreed with him, and trok a £5 note of him instead of mv own. The man who was with the prisoner is in

court. By the Court: Charles Hamilton was the name of the friend who had the notes. He came out in the Devonshire. I don’t think it, was the other man who took it, though it might have been. lam not aware that he touched my person at all. It was Lent who asked me to go and see the prisoner the clay after the robbery. I did not see the prisoner searched. Richard Janies deposed: I am a in the 40th Regt. I know the prisoner. Hd is a private in the 40th Regt. On the'llth March the prisoner was on pass. On that night between twelve and one the Sergeant-major of police and the prosecutor came to the. magazine guard-room, and informed us that two soldiers of the 40th, on pass, had robbed the prosecutor in the town. I was sergeant of the magazine guard that night. On reference to the pass-roll I discovered that the prisoner and Lannon had been on pass. They had previously reported themselves to me, about half past eleven o’clock. I went to the prisoner’s room, and fonn i that, he was not there. I afterwards went to Lannon’s room, and brought him up to the guard room. McCrae recognized him as one of the men who had been with him, but thought he was not the thief. On returning again to Candy’s room, I found him in bed. I ordered him to get up and come with me to the guard-room. He had his clothes on except his boots On bringing him to the guard room I told him he was accused of a robbery and I wanted to search him. He said he would not be searched there, because he had a great deal of money about him. I then took him to the Sergeants’ guard.room, and there he turned his pockets out. He had two £5 notes of the Bank of New South Wales, 2 sovereigns, a half-sovereign, and a quantity of silver. I have not before seen a note similar to the one produced 1 asked the Sergeant-major of Bolice if he was satisfied. Ho said, no; he wanted to search the man. He did so; stripped him, and found a £5 in the prisoners boot. That is not an unusual place for soldiers to carry their money, but 1 have seen money there before. The Sergeant-major of Police took the note. The note produced is similar to it. Lannon was present when the prisoner was searched. The civilian said the note was his as soon as he saw it. I don’t recollect any of the conversation that may have taken place. Cross-examined by Mr. Wynn: The two soldiers were sober, but I should say the civilian was drunk. The prisoner put his boots on in my presence. I thought he was a long time putting them on, but did not observe him put anything in them. 1 had a light, and watched him all the time, but did not see him take anything out of his pocket. I did not lose sight of him afterwards till after he was searched. The sum found upon him was an unusual sum for a soldier to have in his possession. I don’t know much about the man, not being of the same company. By the Court; Soldiers do sometimes goto bed with their clothes on, hut there would generally be some good reason for it. William Smith, Sergeant-major ol the Armed Police, deposed: On the morning of Thursday week, between the hours of 12 and 1, I met the prosecutor in Queenstreet. He told me he had been robbed of o purse containing a North of Ireland £5 no'o. by two soldiers of the 40th regt. I proceeded with him to the Albertbarracks, and saw the last witness at the military guard-room. He produced the prisoner, and I searched him, and found in his left-foot hoot the £5 note, which 1 now produce; which the prosecutor identified at the time as his property. Cross-examined by Mr. Wynn: I have had the note in my possession ever since. It was two or three minutes after he took his boot off that I found the note. The boots were the last things I searched. The last witness, the other soldier Lannon, and the prosecutor, were also present when I searched the prisoner. What prosecutor stated just now as to his not being present, was not true. He was the worse for liquor. The purse has never turned up. By the Court: He took his boots off when the Colour-sergeant ordered him to strip. Mr. Wynn sail) this case amounted merely to a case of strong suspicion. It was not. even certain that there had been a robbery, for the prosecutor appeared not to know what he had been doing, and his evidence was to be taken with great caution. Then there was no proof of the identity of the stolen note, and another man had been in company with prisoner and prosecutor, who had not been called before them, leading to the conclusion that the man would have declined to swear he did not do it. He thought the Court would see that on the circumstances of this case, no jury could convict.

His Worship thought tha whole circumstances were such that a jury could scarcely do otherwise than convict. It would certainly have been better had Lannan been examined, and also i_/ent. Then the acts of the prisoner, going to bed with his clothes on, and separating his money, putting this note inside of his boot. From all these and other circumstances, the Court felt it, its duty to commit the prisoner for trial for larceny. THROWING STONES. Henry Reynolds, ahoy about 10 years of ago, was charged with assaulting a daughter of George K. Burnett, by throwing an oyster-shell, which struck her on the eye. Prosecutor said he would not have brought this charge had he not observed the defendant throwing stones on other occasions. On defendant’s mother paying the costs, and promising to chastise the boy. ho was discharged with a severe reprimand from the Bench, and a warning to him that if brought here again on such a charge he might be imprisoned for two months. drunkards’ list. Patrick D under, fined ss. and costs, or 24 hours’ imprisonment. Alice Murphy, 9 days’ imprisonment and hard labour.