COUNTY COURT.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 7, 23 August 1842, Page 3

COUNTY COURT.

Tuesday, August IGtii, before His Honor E. S. Halswell, Esquire, Judge of the County Court, for the Southern District. His Honour in addressing the Jury said, he could not pass over this opportunity, without making some comment (but that briefly) as to the nature of the Calendar laid before him, and he regretted that it contained a list of so grave a character as had not come before him in this Colony; crime he confessed was on the increase, and that too in one short month, the cases would demand the most serious attention of the Juiy. James Beckett was indicted for stealing from the stores of Henry Mai’tineau, a variety of cloth, wearing apparel, &c., the property of Thomas Bryson, George Wynter Blathwaite, and Henry Martineau, respectively. Thomas Bryson sworn and examined —I was storekeeper to Mr. Martineau in June last; I cannot say the date exactly; I went to the store on Lambton Quay about eight o’clock in the morning; I found the back door burst open; I missed a great many goods; I missed a ■quantity of shawls, a quantity of shoes, small men’s shoes, a quantity of ladies’ hose, a blue jacket and black vest, a quantity of pins and needles, a few shirts, a pair of small breeches, a quantity of ladies’ boots and shoes, some boxes of licifer matches, cotton wicks (patent), a large quantity of cottou cloth, and about eight yards of buckskin; I had seen all these articles safe the night before; it was the back door that was broken open, it was always kept fastened; the front door was fastened by myself and left secure; the property now produced is my master’s; I knew them by certain marks; I know the breeches; I know the blue jacket, it was mine, it is lined with flannel and bound with blue ribbon; the shawls are in every respect the same; there was one with a hole in the centre; I missed twenty-four pair of shoes, but there are now only five pair; I remember the cotton wick ; there is no other in the colony; we had needles, these are precisely the same as those we lost; I can swear to them; the cotton cloth and the buckskin is my master’s property, the hose I can identify by the private mark as to the price; the shirts produced are in every respect the same as those we missed; I accompanied the constable to the prisoner’s tent, and found there a piece of blue cloth, which I have before identified; I found a box of pins and the cotton wick; I went with another constable to the house of a person named Pascoe, who lives opposite; from something I heard, I broke open the box now in Court; it was in the house of Mr. Pascoe; I found the articles now produced. Cross-examined by Dr. Evans —When I went to the prisoner’s tent I saw him and his wife; I met with no resistance in searching the tent; Mr. Burgess Sayer told him he was his prisoner; the piisoner was a little surprised; he made different excuses, and said he got them on board a ship; I did not listen to what he said; I was looking for the goods, he held the candle; this was between six and seven; he said that Dr. Evans had seen the articles, but he afterwards said he did not; he said he had a little business to do with Dr. Evans at the time, but would not say whether the Dr. had seen them or not» I did not hear much, but I remember he mentioned the Dr’s, name; I swear I was sober at the time, and I swear that I was not drunk at that time nor since I have been in the Colony; I have never charged any body else with committing this robbery; I have never mentioned any other person’s name in connexion with this robbery; I remember a person named Cohen; I never said I suspected him of having committed this robbery; I never went on board ship to enquire about him; I never searched any vessel; I never went on board any ship that was about to sail for the Bay of Islands; I never applied for a constable to go on board such a vessel; I have seen Mr. Peter King, Mr. Martineau, and Cohen in company; I never saw them together in a room gambling; Ido not know a Mr. Mordicai; I never heard that name before ; I never saw any other person of the Jewish persuasion with Mr. Martineau; once Mr. King and Mr. Cohen came into the store to buy goods, and they were then in company ‘with Mr. Martineau; I have heard Mr. Martineau say that a vessel had been searched where Mr. Cohen was.

By the Jury —I was not in the store after I locked it up safe the evening previous, which was between five and 1 six' o’clock. • ~ ■ Henry Martineau. sworn and examined—l am a merchant and storekeeper on Lambton Quay; the articles now produced I identify as my property, the socks in particular have a missprint on the lable, which were mine, and there are no others in the colony; the shawls are precisely the same as I missed; from circumstances (which I afterwards ascertained) I find it was on the eighteenth of June; upon searching the store I found the articles now produced were gone, the stockings I know by the private mark, the shoes are the same; I made no charge against any one; I applied for a search warrant to go on board a vessel called the Kate or Catherine , one of the two; the warrant was executed, but no goods were found. Cross-examined by Dr. Evans —I applied for a search warrant. It was on oath. In consequence of information I received," I was induced to apply for a search-warrant, to go over to the vessel in which a Mr. Charles Cohen was about to sail; I was induced to make this application, in consequence of having formed a very unfavorable opinion of Mr. Cohen, from some dealings we had previously had together; Mr. Cohen had called at my store, and proposed to purchase the larger part of the goods subsequently stolen, upon the consideration of my allowing him three months’ credit; having been refused, he frequently, in the course of the day, passed and repassed, my store, apparently taking a minute observation of the part of the store where these goods were deposited ; I have nothing more to state than this—but being impres-

sed that he had something to do \vith the robbe.y, and having communicated to Mr. Murphy the grounds of my suspicion, he immediately granted a search-warrant., which was properly executed, but nothing found. Ido not know where Mr. Cohen was residing when he was here ; he passed two or three nights at Peter King’s ; I had a little difference with Mr. Cohen at one time.

Burgess Sayer —I am chief constable; I know the prisoner at the bar; I had a warrant to search his premises ; it was sometime in July, about the latter end ; I went to the prisoner’s tent; I found one piece of blue cloth, which I had marked ; I found a bundle of cotton socks, the same now produced; a box of pins, with the name at the time.

Cross-examined by Dr. Evans—When I entered the tent, I told the prisoner I had a warrant to search the tent; that he was suspected of having robbed Mr. Martineau’s store; he said, search the tent, and assisted me to do so ; he kpew who I was ; he made, from time to time, observations as to the contents of the box; I found every thing as he stated in the box, and offered no explanation as to how he became possessed of these things ; a man named Bryson was present; it might be possible for the prisoner to have given information in explanation to Bryson, without my hearing of it; when I found these articles, I left him in custody of an officer whom I had brought with me ; I do not remember Dr. Evans’s name being mentioned ; the tent was a small one; Bryson did not mention Dr. Evans’s name; I have known the prisoner ten or twelve months ; I never heard any thing against the prisoner; he sold sausages on the beach; I have never heard any one speak against him before this charge was preferred; the prisoner said he had bought the blue cotton twill from some other place ;' but Ido not recollect the name; I believe he said from the Bay of Islands. William Caines—l am a constable of Wellington; I received instructions from the chief constable Sayer, to search a house in Willis Street; it was the house of Thomas Pascoe ; it is near the tent occupied by the prisoner ; I executed the warrant; I found a box which, in consequence of information I received, I forced open; I found the piece of cotton now produced ; I believe it to be the same; but I did not mark it; it was replaced immediately in the box ; I did not lose sight of the box until it was delivered into the custody of Floyd the gaoler ; I found a quantity of plaid shawls, a pair of shoes, jacket, and things, which were replaced in the box again. Cross-examined by Dr. Evans—The prisoner was not present when I made the search. Thomas Floyd sworn and examined.—T am gaoler at Wellington, I remember receiving a box from the last witness, it has always been in my charge, and has never been opened since it has been in my custody. Thomas Pascoe. living in Dixon Street, I know the prisoner at the bar. I have been in the colony five or six weeks, and lived alongside the prisoner four or five days ; he came one evening and asked me to take charge of a box, as he and his wife were going down the beach, and it was not safe. The box now produced is the same box ; the box was fastened, and when sometime afterwards the constable came to search his tent, his tent was about fifteen yards from my house ; some time afterwards the prisoner went away with the constables, in consequence of what I said and heard I was very uneasy about the box. The constable and Mr. Martineau’s storekeeper came and opened the box in my presence, 1 gave them leave; the box altogether was about an hour in my charge, it had not been opened until the constables opened it; I was at home at the time. Cross-examined by Dr. Evans.—l had been in the colony about five weeks, I had been acquainted with the prisoner about a fortnight, by merely giving him the time of the day; I had no intimacy with him. John Turner. —I am a Tailor, and reside in Willisstreet, I know the prisoner Beckett, I remember on Tuesday evening he brought in two pieces of cloth, a piece of striped buckskin and a piece of cotton cloth, and offered them for sale ; he had passed my shop selling sausages, and I bought some. I asked him if he wanted anything in my line—lie said he had some things for sale, unmade things to sell; he said they were one price of fine cloth, and a price of inferior cloth; he came at dark with some things wrapped in a white cotton cloth, when I saw them ; I found them to be the articles stolen from Mr. Martineau’s store. I know this buckskin from the mark to be the same stolen from Mr. Martineau’s store, by two prices being cut off at each end of the cloth. I had seen it before in Mr. Martineau’s store, with these prices for patterns and samples cut off. Cross-examined by Dr. Evans.—l was not present at the searching of any other premises, my wife said, when lie showed the cloth, is not this like the. piece of cloth you were going to buy from some person down the beach, which was stolen : I said it was something similar, but not exactly the same. I had reasons for saying so. Although I knew it to be the same cloth, I bought it of him, but did not pay for it; I agreed to pay for it on the following Saturday ; he did not object to leave the cloth after he had heard my wife’s observation; he agreed to leave it previously. Alexander Lyall. —I carry on the business of a butcher on Lambtou Quay, next door to Major Durie’s. I have known the prisoner between four and five months.— during the time I have known him, I cannot say anything as to his character—l never heard anything against him—l received no character with him—l was not in the habit of trusting him with property—rwhen I first knew him he was plying as a waterman at the South Sea Hotel; Ido not know the prisoner’s occupation. Burgess Sayer.—l have known him since he has been in the colony, about eight or ten months—what I have known of him has been good, he always appeared to be an honest industrious man. W. V. Brewer.—l am a Barrister on the rolls of the Supreme Court, I know the prisoner, I saw him ten months back at Coromandel Harbour, he was employed by Messrs. Abercrombie and Webster, as an out door servant —I never heard anything against his character, these gentlemen were in a considerable way of business at that time. Mr. Hanson addressed the Court. Dr. Evans for the defence said the prisoner found the bag near Barrett’s Hotel. His Honor addressed the prisoner in a feeling and impressive manner. He had been found guilty by an intelligent and pains-taking Jury, and he would not be discharging his duty to the community, in not awarding the severest penalty the law allowed. The sentence of the Court was, that the prisoner be transported for the term of seven years, to such part of her Majesty’s dominions as his Excellency, with the advice of the Legislative Council, should think fit.

James Wragg was next indicted with stealing a lamb, the property of Mr. M'Hather, his master. On the indictment being read, and being about to be given in charge to the jury, the Judge interposed. Stop ; let me see the indictment. Are you defended by counsel ? The prisoner replied No.

Then withdraw your plea for the present. The Judge remarked : I have some doiibts as to the indictment being so formed that we have any jurisdiction in this matter. The prisoner is indicted for stealing a lamb® This offence was formerly capital, under the statute ,of 2 and 3 William IV. c. 62 ; but 9 Geo. IV. c. 65, enacted amongst other things, that any person stealing horse, mare, gelding, colt, or filly, bull, cow, or' steer, bullock, heifer, or calf, or any ram, ewe,'sheep, or lamb, and being convicted, shall be transported for the term of his natural life. By the Ist Vic. c. 91, the punishment is commuted to transportation for fifteen years, or imprisonment for three years. Therefore, how are we to proceed ? It is not in our jurisdiction ; but it must be tried in the Supreme Court. The indictment had better be withdrawn, and the prisoner had better be indicted for embezzleing his master's property. The Sheriff remarked to his Honor, he was so indicted to be committed.

The indictment was so prepared, and the prisoner being duly charged to the Jury— The Crown Prosecutor addressed the Court, and said —lt appeared the prisoner had already suffered one month’s imprisonment; and as the man was drunk, and from the nature of the evidence, some doubts might arise as to the converting the property to his own use, he would decline calling any witnesses. The learned Judge then directed the Jury, there being no evidence, to acquit the prisoner.