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COUNTY COURT, WELLINGTON.

BEFORE. HIS HONOR- E. HALSWELL; JUDGE.— CRIMINAL SIDE. [Continued from our last.} Wednesday, July 2, 1842. Robert . Wyeth undicted for stealing five pieces of scantling- and some blocks of wood, the property of Rowland Davis.' , R. R. Dayis, sworij.-rl am an engineer, and live at Lambtoniciuay ; lam erecting a house at Lambton-quay, and have purchased obout 40Q0 or 5000* feet of wood— sVantling, blue glum, and blocks- of wood (manuka) for foundation.; 45 feet from Waitf a Tyser, 10, 12, 19, 15, and six'of 20; I have missed a 1 portion of- this and 'other ' timber for these some months past — Question .put — was kept at the front of Mr. Perry?s premises ; the last which. l missed were lO^l2j and one of 20, and five- manuka blocks ;■ I' have not seen them since ; the house which I, now. occupy was fastened , by 4000, nails at the back, and locked in .front; the- carpenters kept their tools within," but every night the best part of the timber which was* placed therefor security * was taken, r ahd ttie back door forced open. Cross-examined.-r-There was no fence between the place wherethe timber was deposited .and the public road!; 'the manuka was placed some in the houseandi some at the back ; I missed five pieces* -and called the attention of ( the carpenters to the circumstance. Johannah Conriell, sworn.—]. 1 am daughter to Charles Connell of Wellington-terrace; turned fourteen ;.I was servant to Mr..Wyeth ; three or four weeks ago I left my place ;" I was in his service: four months; I went out to fetch wood for him; I .fetched some long pieces ; I got^ them from a heap near Mr. Perry's house;, the wood was scantling; Mr. Wyeth told me to get them ; some was burned and some was used in Mr. Wyeth's house ;• • on Sunday it was raining, and he said he had no firewood, and he said I must go and get some, if I went through iron ; I did go, and Jent to the heap and took hold of them and , <tygged it in j there were in the room when

to I-brought it in Mr. Wyeth and Mr. Canning; 31 I heard Mr. Wyeth say it was 20 feet long ; r _ nothing was said when I brought it in ; Mr. 'd Wyeth took it from me and took it into the ill kitchen ; he sawed it in half, and took it into in the coffee-room, which is in front ; the coffeeroom was not open to the public ; the prisoner |~ was making bunks ; he made partitions of it j£ "to nail the boards to it ; Mr. Canning was in il the kitchen ; I brought no more of that kind, »■ but I brought in some red-wood logs ; I got H these from near Mr.' Davies' blacksmith shop ; > a round blocks ; between two and three feet 11 they were I think • the prisoner was chopping, ■c up these- logs, Mr. Canning 'came down and £ said to the prisoner it was a great shame to chop up these logs, and he would get into n trouble about it ; I have never seen any other c scantling in the prisoner's house except what » I bronght in ; at the back of the house there ■[ were two short pieces and one long piece ; I n recollect that the prisoner changed two short c pieces for one long piece ; the prisoner gave c the long piece. f £. Cross-examined. — This occurred about three, or four months' ago ; he told me to go out and get some wood somewhere for the fire ; I brought in some little pieces first, and the ,•> prisoner said they were no good, they would 1 burn away quick, and go get some big bits, and then I fetched in the scantling ; 1 found 1 it near Mr. Perry's store ; I passed the front 3 door and went right round to the back ; it was about six o'clock on Sunday afternoon ; '? I recollect Mr. Batton asking him whether 1 he ■ might lay some boards , and scantling under his window for care ; it was on a Satur- • day after this occurred ; remembers no other 1 timber being bronght ; he brought three or four ■ planks himself, but Ido not know where they came from ; I do not remember any bullock- ' cart coming to the prisoner's house with timber ; I recollect some chairs being bronght, I ' was out with the baby, and had only just come j in ; I cannot say if timber was brought at that time; I noticed no. timber lying under the ) parlour window ; I don't remember any cart j coming with timber, but I 'recoiled a horse i and cart coming to' take away Mr. Batton's , timber; I do not remember Mr. Guthrie ) coming with bullocks to bring timber or carry • it away ; I remember being examined at the Police-office ; I don't remember saying that i the affair to which this investigation refers I took place three weeks before then ; I believe he tdok it into the coffee-room whole and cut • it up in there ; Mr. Canning is a lodger at ; this time, he' lived tKere longer than a week ; I think he lived there about three weeks ; Mr. Canning never sent me out to get fire-wood ; i I left about a month ago, three weeks yesterday ; I went away because I stopped out all night ; he said I might take my things, and take myself off; I left about a month ago ; three weeks before I left I told my mother I was taking the wood, and she said if I took any more she would tell Mr. Davies ; I wanted to light a fire t on the morning, on Sunday I went out and got some shingles; I took Mr. Smith's shingles ; there were some shingles of the prisoners lying on the'hen-hpuse, but he would not let me take them ; Mr., Wyeth was in bed and told me to do this, that a man who had ordered some coffee should have some ; I picked' the shingles oui; "of several bundles ; I brought in a block, and he asked me where I got it, I told him, and he said go and get some more, as I want to dress a leg of pork, and if I send it to Mr. Sellers he will take out all the gravy ; one day Mr. Wyeth lost some shingles off his hen-house, and the prisoner said if she did so again he would give it her, and so I was frightened; the prisoner told me to get some shingles, and J said where am I to get them from, he said go into Mr. Smith's, house ; I did so, and Mr. Wyeth then told me to make 1 haste and get some shingles from these, before the carpenters came in the morning;- 1 was not accused of being a thief at Mr. Wyeth's ; there was a piece of silver which Mrs. Robertson put on the shelf arid it wa3 removed away to another place, and then I was accused of moving it with the intention of stealing it ; I wasaccused of stealing a pair of boots belonging to a maori woman, I took them for a lark, and I was afraid and denied ,it, but I afterwards confessed it ; Mr. r Wyeth found the boots in the back place, and he took them back to Mr; Williams • T lived at Mrs. Hewitt's ; I was discharged because she could not afford to keep two servants, a boy, and myself ;, -Mrs. Hewitt never accused me of stealing anything; I have had no talk with Mr. Pode, he said to me at the Police-office, you have done a pretty thing my lady, take care you are not sent across the water, I said take care you are not sent across the water yourself; Mr. Pode is the prisoners brother-in-law; Mr. Wyeth never accused" me. of stealing from him and giving the things to to my father ; Mrs Macgreggor said in the Police-office, that she thought she saw me take tobacco or; something she did -not know what it 'was ;' Ido remember being sent to .get a £5 changed; he sent me out to get change one wet night in all the rain, J lost a

note which' I afterwards found again with a when I returned first Mr. Wyetti told 'me there was a pound short, and I thought there was a£2 note ; I went back by Mr. Wyeth's orders, and said Mr. Brown had only given me four pounds, he said there were £5, I went back and- told my Mistress so, who said run out and see if you have not dropped it ; I went without a light first and afterwards 'took a candle, and went to the side of a barrel "where I had stopped before^ and stooping down I found the note ; I was paid on the morning I left, in all he paid me one pound one, there were two -months' wages and about, a weeks. (R. R. Strang, Esq., produced copies of the depositions which he proved.) . . -. Wittness continued. — When I called for •my wages.on "the Thursday after I left, "the .prisoner said he had got into great trouble through the wood; he asked me, when I brought the wood into the house, if there were two men in the coffee-room. This took place in a little room through the bar ; he sawed some of "it ; I cannot think of- any word* I said at the Police-office ; the wood he sawed he took from near the bed room he had lately erected for his wife, it was part of the partition, aud fixed with nails. I pointed out the wood which I had taken, and he took it down with a hammer, cut it into lengths, and put it on the fire in the kitchen. John Canning, sworn. — I am a cabinetmaker : I know the prisoner at the bar ; I lived at his house ; we were partners together about three or four months ago ; I was there when a piece of wood, about two foot long, such as they use for foundation piles or blocks ; I sai.4 to the girl, where did you get the piece of wood from ; she made no reply ; I said that piece of wood belongs to Mr. R. Davies, and it cost the man 6d. or Is., and it is a shame that it should be burnt when he wants it for his building; after I said this the prisoner said, dont mind taking it back, but dont get any more; I said mind if this is burned, I will have nothing more to do with it ; I got up and went away out of the house ; the prisoner was building up some bunks ; scantliug was employed in it ; I saw scantling used. . Cross-examined. — About four or five months ago there were four or six pieces of scantling, about 16 feet long, left- at the house when Jfysent up to the-oorth ; I knew of this prosecution at Otaki ; Burgess told me my name was mentioned as being connected with a robbery of timber ; I heard that there was a warrant out against me, and I went .to Burgess, and afterwards fined on bail ; I appeared next morning before Mr. Murphy ; I was discharged, and told to appear as a witness ; I was seven or eight months a partner to Mr. .Wyeth ; I went to his house and had some breakfast ; I arrived here on Saturday night — perhaps it might be Friday — and gave bail immediately ; I lodged at' Mr. Couper's ; I received my property from Mr. Wyeth on Monday ; I have lodged since at Mr. Young's ; I placed my property outside Mr. Perry's, afterwards I placed it in Mr. R. Davies's house ; I never said- to _ any one at any time that I would not be' surprised to see Mr. Wyeth across the water ; I never did use the terms to that effect ; all I said was, that I f was sorry I had any thing to do with it. Richard Harvey, sworn. — I am a carpenter, and live in Willis-street ; I know Mr. Davies ; I was at work at the hpuse he is putting up ; J remember his receiving some scantling ; there were some 10 feet, some 12, 14, and 20 ; I have missed some ; we have missed one 20 feet length ; there were some blocks ; I do not know if there were any missing. Jury. — The size of the 20 feet scantling was 2| by 4 ; the girl Johanna, I think, could drag a piece of timber of that size. ; Robert Gutch, sworn. — I know the prisoner at the bar; I boarded in his house some month's ; from my. own observation, I have always considered him an industrious thriving man ; he was punctual in his payments ; I lived there five months, and during that time I saw nothing which could induce me to think that any dishonest practice was going on; from the time Ispent in the house, I think, if such practices were going ton,. I should have seen it; lie purchased boards^of Wade and" others since, hie has occupied the prisoner's house; I .believe he had a small quantity of scantling left after finishing his house ; I know. Mr. .Willis ; I saw him using scantling at Mr. Wyeth's house about April last : I know Johanna Connell ; she lived at Mr. Wyeth's as a servant ; she lived there about four months ; I would not belive her on her simple statement, unless I had' known it, to be true ; I know that she was charged with stealing a half dollar ; I remember hearing Mr. Wyeth saying that he had found her secrete a half dollar and placed it under a small box ; he asked Mrs. Robertson if she had placed any thingpn the dresser ; she was taxed with doing it, and went to the shelf, lifted the box, and turned it ; I think

Willis had used about -four 'or -five -lengths "of 10 feet long about the month of April. Cross-examiued. — The scantling was used fo"r rafters; I have seen scantling long between Mr. M'Gregor's and Mr. Wyeth's; I am not aware whether I owe him. money now ;• he owed me money, and I have been indebted to him ; I am sure Mr. Wyeth does not owe me money ; I will not swear whether Ido not owe him money ; Mr. Wyeth. has made a number of small things ; remarks, were made in the presence of Johanna ; he has made statements which the girl has denied ; she remained after the charge of the half dollar was made against her ; he said that he ' could not get another, thatshe was fond of the child ; there have been alterations made in the house ; there was some repair put upon the roof of the house. Emma Robertson, widow, sworn. — I know a girl named Johanna Connell ; I was present when a charge was made against her by Mr. Wyeth ; it was about a dollar which was laid by me on the table, which was removed ; T made enquiry after it, and M. Wyeth asked the girl if she had seen it, and she said no ; ' there was a search made for it, and the'girl took it from a shelf ; it was under a box or basin where I had not placed it ; I did not know whether it was a half dollar, I took it ' to be a half-crown ; Mr. Wyeth said he saw her put it there, and she told a story; I know nothing against the girl except upon that occasion. . Cross-examined. — John .Wyeth asked her if she knew of it, she denied it ; I knew it was only half a dollar, by subsequent enquiry. . John Ellis, seaman, sworn. — I live at Mr. Wyeth's house ; the day of the investigation at the Police-office, I remember Johanna coming for her wages ; she came to the back door where I was sitting ; she enquired for the child ; Ido not believe the master spoke to. her ; I saw no scantling cut down or burnt on that day. Cross-examined. — The accident which I am suffering under, (viz. the fracture on the head and broken leg,) took place five weeks ago ; the girl was living in the house at the time ; she was going to be discharged about a pair of boots. Sarah Jackson, sworn. — I live at Wellington, at Mr. Wyeth's, as his servant ;' three week J s yesterday, I- went there ; I remember Johanna Connell coming on a Saturday, to the back door ; she asked to see the baby ; I never heard Mr. Wyeth speak to her ; I was in the kitchen; it was not possible I think for Mr. Wyeth to have said any thing to Johanna without- my hearing it; I saw nothing put in the fire while I was there ; I saw no saw ; I saw nothing taken from the partition ; nothing I think could have taken place without my seeing it. • Cross-examined. — It was about one or two o'clock when she came, and staid one or two hours ; it was on Thursday ; I know the day she came, we were washing the day before ; I have had no conversation about what I was to say when I came here ; I have not been asked what I would say ; no one has ever asked me ; I have not told any one what I would say ; I wwass s brought here because I> was in the kitchen all the time. Arthur Heywood, sworn. — I know .the house Mr. Wyeth lives in ; a piece of timber 20 feet long could not be brought into the back kitchen door, and thus enter the coffee room. The Judge in his charge to the jury told them, they must dismiss the fact from their minds, that the prisoner was tried on a former occasion. That they as jurymen, as well' as he, as Judge, must attend to the evidence only, and all parties discharge t their several duties according to their oaths, however painful it might be to their feelings. That the prisoner (Wyeth) had received an excel-* lent character from persons of credibility at his former trial of which he would have the benefit. The Jury after a short consultation returned a verdict of guilty, recommending him to mercy. . The prisoner was then sentenced to two. months' hard labour. This case closed the criminal cases before the Court. The Judge in discharging the jury, thanked them for the patience and integrity with.; which they had discharged their duties. He (the Judge) took the occasion to remark upon the late fire, which had occurred at' the Court ' House, and he begged to assure the Court, ' and the public through them, that the whole . of the papers and deeds connected with the Connty .Court, as well as the preliminary proceedings of the Supreme Court, were safe. Since the commencement of these proceedings, all affidavits, — warrants of attorney, — ' judgements, — deeds, &c , and all matters counected with the administration of the effects ofMeceased persons, were carefully deposited in an iron box, and were kept at his private house until a safer place could be procured.

We have been taxed more than once with being " a Company's paper "—"" — " Oh, you are Company's men." Well, and so we are. Why not ? We firmly believe that we represent the opinions of " a Company's settlement." This is not a Government settlement;, and, as things go, we think we may justly add thereto — thank God ! There is nothing . anti-Government about us. It is the Government that is anti-us. We have never opposed the Government ; but we have been actually obliged to hold on by something to save ourselves from being forced down, trodden out by Government opposition and discouragement. Why not, then, attach ourselves to the Company ? We do not think — we have never said — that' the New Zealand Company or their representatives are immaculate. We often ask them for things which • they have not yet given us, and find fault with them for not having done that which they should have done, and for doing that which they should •not have done. Ditto the Government. What, then, is the difference? Why just this. There is a Latin and a legal word — animus. We hate to use either Latin or legal terms, but the word says what we wish to say, and that is enough for us. It is the animus that makes the difference. We have faith in the Company ; they have given us reason — the only foundation of- a just faith. We believe that they do wish the advancement of their settlements — that their » measures have been taken with the sole view to that advancement. But how of the Government ? Why just the contrary. Who made arrangements that the best possible site should be selected for this settlement ? The Company. Who Sid all-in their power to frustrate that end? The Government. Who took — who are willing to take — all trouble and responsibility in securing to us the title- of the lands which, we now occupy ? The Company. Who have done — who. are doing — their best, or rather their worst, to destroy the validity of rliat title, and to disturb it by stirring up native opposition to our occupation? Tie Government Well, but the Government is a conscientious Government, and will look after its Maori subjects as well as its Whiteyman ones — Oh, of course — and therefore it will have no native reserves. Paternal Government ! — wooing, with open arms, the embraces of the dark children,- to whom at the same time it denies the means of "future subsistence, for the, purpose of spiting the palefaced sons who have angered it, and whom it spurns with angry foot from its august presence. And therefore and for this it is that ive are " a Company's paper," ay, and shall he until — but that is unnecessary, there cannot he two such unnatural parents, in the word. — Nelson Examiner.

Noble spirit of British —We noticed last week the arrival of the 'Orestes, from South" America. The Constitution and Potomac, two 60-gun American frigates, were lying at Rio a few days before the Orestes sailed ; and their captains had mustered their -ships' companies, and told them, as a .war with England was almost certain, it became requisite that they should practice more than usual with their great guns. The whole- of the Englishmen as if by mutual understanding, stepped out and declared they would not fire a shot against the flag of their- native country — against any other they had no objection, and would be glad of the opportunity. More than half the ship's company of the Constitution, andva great many of the Potomac's, were Englishmen, and many of them old English men of war's men. — Naval and Millitary Gazette.

" I can't find bread for my 'family," said -a. lazy sinner in a public company. " Nor I, " replied an industrious miller; "I'm obliged to work for it."

The Isis. — At Cobberley, near Cheltenham, is a stream called The Seven Springs, said to be the highest source of the river Thames; near this spot is generally to be met an old womaa,ready to point out to the curious the supposed source. Whilst the old lady was attending a party she was asked if it were clear that the stream had any connection with the Isis? " Ices' 1" exclaimed the dame, •• nothing to do -with that; the water never freezes, and I will teJl you for why-r-you may put a snowball or a piece of ibe in the water, rand it always melts directly."

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Bibliographic details

COUNTY COURT, WELLINGTON., New Zealand Gazette and Wellington Spectator, Volume III, Issue 166, 10 August 1842

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COUNTY COURT, WELLINGTON. New Zealand Gazette and Wellington Spectator, Volume III, Issue 166, 10 August 1842

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