POLICE COURT.—Friday.

New Zealander, Volume XIX, Issue 1972, 14 September 1863, Page 3

POLICE COURT.— Friday.

THE “ MAVIS ” CASE.

The investigation of the charges against Alfred Edmonds, of stealing sails, &c., from the schooner Mavis was continued.

Mr Munro interpreted. Ir. Merriman for the prosecution; Mr. Beveridge and Mr. Wynn for the defence. Joseph Scott, examined by Mr. Merriman, deposed: lam a carter plying for hire in Auckland. 1 did not cart any sails at the latter end of last month. The sail.) were never on my dray at all. I never told anybody that I had carted any sails. I brought some booms to Edmonds’ store. There were a whole lot of people on the wharf, and some one halloed out to mo to bring my cart for the booms. I could not say who it was. It was not the prisoner who gave me the order. I did not tell Mr. Brookfield that I received my orders personally from Edmonds. My brother, George, told me to bring my dray down. I saw the sails carted up as far as the end of the wharf. Believe a man named Broad carted them. When he got to the end of the wharf I went for my own dray. 1 delivered the booms to the storeman at Mr. Samuel Edmonds’ store.

Cross-examined by Mr. Wynn : The booms I carted were put into the adjoining yard to Mr. Edmonds’, and left there open to the air. Police-constable William Paine deposed: On the 3rd of this month I executed a warrant to search for the sails of the Mavis. I found them in the loft at S. J. Edmonds’ store. I found 1 jib, 1 staysail. 1 mainsail, 1 foresail, 16 blocks, and a quantity of rope. 1 also found 4 booms in the yard, with about 9 blocks attached to them. Those are included in the 16 I have mentioned. The sails and blocks are now in a room adjoining the guard-room, in the custody of the police. Constable liuddell, and Nutana, the captain of the vessel, were also present when I took the things. Nutana claimed the sails and the booms. Cross-examined by Mr. Wynn : I went to Edmonds’ store because the warrant so authorised me. I saw the prisoner there. Ho is not the owner of the store. He pointed out the sails, which I took possession of There were other sails in the store.' Mr. Edmonds pointed out the sails of the Mavis, and Nutana afterwards identified them.

Nutana, recalled by Mr. Merriman, deposed ; I was pn sent when the police found the sails in Mr. Samuel Edmonds’ loft - . - Those sails were bought at a pakeha’s in Queen-street with my own money.

Cross-examined by Mr. Wynn; The prisoner’s brother and Collins pointed out the sails lor the police. The prisoner was present. Ho was angry, and said something about detaining the sails. Besides the sails, there were ropes and blocks taken. The ropes wore not purchased with the sails ; but at a different time. The rope was not bought from the prisoner, nor the strapping of the blocks. I did not seethe prisoner give any of those things to me. As far as I know they belong to the vessel. I know nothing about Mr. Edmonds supplying those things, or doing work on them. I don’t know whether they have been paid for. I .:on’t know when they were put in. I did not see anything about those things. This was the case for the prosecution. Vlr. Wynn thought the Court could have very little doubt in concluding that this was not a case which should go any further. He would ask il there had been a single ingredient in this case that would lead any one to believe Mr. Edmonds meant to steal these articles ? The evidence connecting the prisoner with the soils at all was quite insufficient. The sails were iKt taken to his store; nor, unless the evidence of one active was to be believed, did he take any part in removing them and placing them in Mr. S. J. Edmonds’

store. It must have been apparent to every one that the native evidence was full of prevarication. He thought that, on the evidence which had been adduced, the Court would not think of sending the case further. Evidence of felonious intent would be necessary to a conviction, and as there had been no such evidence, it could not be supposed that a conviction would follow, and therefore the Court would not commit. Mr. Edmonds’ intent was evident —to prevent the ship from going awav till its owners paid a large sum which they owed for repairs. if the proceeding were a wrong one, still, as not being intended permanently to deprive the natives of iheir property, it was not a felony He would only call one witness, whose evidence, together with the whole circumstances of the case, would, he was confident, convince the Court that it was its duty to discharge Mr. Edmonds at once. George Nye, examined by Mr. Wynn, deposed : I am a storekeeper at Big Omaha. I know the prisoner. In March last I was engaged by him to take charge of the schooner Mavis. I took possession of her on the 30th March, and remained four days. Previous to me a European named Tim had been in charge The vessel was lying to the right of the Queen-street wharf. I was tiie only perso” in charge. On the 31 fc March all the natives left the schooner and went on shore. On the night of Thursday, the 2nd April, a number ot natives came on hoard, one of whom took hold of me round the neck. In fear of my life, I left the vessel in a boat manned by natives, and was landed at the Wynyard Pier. I next saw the schooner on Good Friday morning at Hunter’s Point. She had a large number of natives on board then. Cross-examined by Mr. Merriman : I have not seen the sails now in charge of the police. By the Court: Mr. Edmonds sent me on board the vessel. When I first went on board there was one native there. I think his name was Tamati.

Hcnare Ngapipi deposed ; I know the prisoner. I know Tutere and Anania. I know the schooner Mavis. (Agreement between Tutere and Alfred Edmonds put in, dated in February last, and chartering the Mavis to the latter for 18 months.) I have seen that document. It was rendered into Maori by the prisoner before it was signed. I saw Tutere and Anania sign it. Shortly after that Mr. Edmonds had possession of the vessel by Tlucre’s consent. Carpenters had been sent on board by Tutere before the document was signed, Tutere having requested Mr. Edmonds to allow him to do so. I was employed by Tutere to work on the schooner, but the arrangement was made by the prisoner. The prisoner paid me for what I did. I was working at the rigging and strapping the blocks. Don’t know where the blocks came from. I was employed three days.

Cross-examined by Mr. Merriman : It was a long time afterwards before the natives had possession of the vessel again. It may have been more than a mouth. It is a long time ago, but I don't know exactly how Ipng. Perhaps she has made two trips since.

This was the case for the defence. Joseph Scott, recalled by the Court, deposed: I have not yet been paid for carting the booms. Mr. Merriman. in replying, read passages from Archbold’s Pleadings in Criminal Cases, to show what was includ d under the term felonious intent, and submitted that this was a case which should go to a higher tribunal to decide on the nice question of intention.

The usual form having been read over to the prisoner, he declined to say anything. His Worship said there was no doubt, though there were several peculiar circumstances connected with the case, that there had been a wrongful taking, and it was right that a jury should have the opportunity of saying whether Mr. Edmonds had a colour of right or not. The Court felt it to bo its duty to commit the prisoner to take his trial at the next criminal sessions of the Supreme Court for larceny. Bail was accepted in two sureties of £250 each. A JUVENILE THIEF.

William Webb, a boy of nine years, pleaded guilty to Hie charge of stealing a turkey, the propeny of Win. M‘Xinstry, on Wednesday, Sept. 9th. His Worship told the father of the boy, who was present in court, that lie hud no doubt this, as well as most other such cases, had arisen from the neglect of the parents. The father said he had always taken great care of the child, and sent him to school, but he was perfectly incorrigible. The evidence was then taken.

Samuel Frost deposed to missing one of bis turkeys, and identified the bird produced by the constable. Stephen Foat deposed to buying the turkey of the bov for 3s.

The Court reprimanded the witness for making such a purchase of a child. The prisoner was then, ordered to be imprisoned for two months, with hard labour; his Worship requesting Mr. Naughton to see that he was kept apart from the hardened offenders. , CITY ARABS. Four boys, named Duncan MTntosh, William and John Southwell, and Joseph Young, whose usual employment is hunting for bottles, bones, &c., were brought up in custody on a charge of larceny. The Commissioner of Police said these boys had been given in charge for stealing a quantity of iron from the hack premises of Messrs. Cruickshank and Smart, which had been purchased of them by Mr. Coupland, a dealer in old iron, &c. The iron in question consisted of tank lids, which had been broken since they were stolen, Messrs. Cruickshank and Smart have lately suffered loss in this wav to the extent of £2O. Mr. Beveridge said he appeared along with Mr. Smart, from whom the property had been stolen, to inform the court that Mr. Smart did not wish to,proceed against the boys, but he had thought it right to bring them before the Court, to call its attention to the existence of such a traffic amongst children of this class, and the improper conduct of jMr. Coupland in taking metal of this kind from boys. His Worship sharply reproved Mr. Coupland, and handed over the boys to their parents, after cautioning them as to the consequences of neglecting their children. STRAY HORSES, PIGS, &C. Samuel Thornley was fined ss. 6d. and costs, Jerome Cadman 5s and costs, Richard Taylor, T. Warner, and John Higgins each 3s. and costs ; and John Russell, Edwin Dunn, Thos. Broad, John Moore, and Francis Conolly 2s. 6d. and costs, for offending against the I3tb danse of the Impounding Act, by allowing horses, cows, and pigs to wander at large in the streets of the city. The costs in each case amounted to 6s. 6d. DRUNKENNESS.

Two drunkards were mulcted in the customary penalties. _________