POLICE COURT.—SATURDAY.

New Zealand Herald, Volume I, Issue 5, 23 November 1863, Page 3

POLICE COURT.—SATURDAY.

[Before Tiios. Beckham, Ea.j, E.M.] EMBEZZLING SHIP'S STOBES. Michael Hoglies, a seaman belonging to the ' Helvellyn, remanded from Friday, was again brought up and charged by Captain Dalisou, of the same ship, with embezzling, on the 10th August last, a bolt of convas, value ,£ 1, part of ship's stores. Mr. Merrimun appeared l'or the captain, and Mr. Lee for the prisoner. Portion of the evidence for the prosecution was heard ou Friday last, and appeared in Satin-day's issue. It was resumed by Mr. Merriman calling arid examining Andrew Bern - , who stated: I am sail maker on board the ' Uelvellyn.' I was in charge of the saillocker, and when I put the sail there, it was in ono piece. I afterwards found over 20 yards of it in the prisoner's berth, and the remainder down below. The canvas produced was a portion of the ship's stores. Cross-examined by Mr. Lee : The portion I found iu the prisoner's berth belongs to the bolt, for I hare compared the cuts. I always kept the key of the sail-locker in my possession. The sail-room was perfectly secure and locked up at the time when the eauvas was taken. I first saw it on the top of tin: prisoner's chest.

By the Bench : I could not say when the canvas was taken, I never found tho sail-room door open. After the canvas was stolen the door was found locked apparently as I left it. I live in the opposite side of the ship to that which prisoner does. The carpenter and engineer (prisoner) reside in the same cabin.

John Wavrow deposed: I am carpenter of tho ship ' Helvcllyn.' Prisoner shared the same cabin with me, but was expelled about tho 10th of August ou account of drunkenness. I knew nothing about the thcl't of the canvas until I fouud it alongside tho prisoner's berth, close by my own chest. Cross-examined by Mr. Lee : I found about twenty yards of it at the end of my chest. By the Bench: I went immediately to the Bailmaker and gave information of it. For the defence Mr. Lee called Albert Canter, wiio being sworn stated : I am a seaman on board the * ITelvellyn.' I recollect about the middle of August last some inquiry being mado about some cauvas. I know Rogers, another seaman on board the same ship, and I know the prisoner. [The deposition being ruled as not evidence, the witness withdrew.] Mr. Lee then contended that no evidence had been given to convict the-prisoner; and the man was charged with theft because it was found in a cabin belonging to another nun besides himself. No one saw the prisoner take it; and other parties had portions besides. His Worship ruled that there could be no doubt as to the guilt of the prisoner, for upon looking over the dill'erent witnesses' evidence, it was conclusive, and lie should therefore sentence himto twelve weeks' imprisonment with hard labour.

ASSAULT WITH INTENT TO COMMIT MUItBEIt. Albert Canter was then charged by Captain Dalisou, of the ship ' llclvellyn,' with assault ing Carl Schmidt on the high seas, with intent to commit murder, by endeavouring to throw him overboard. The same counsel appeared in this as in the other case. Prisoner pleaded guilty to the assault, but not lo the attempt to commit murder, when Mr. Merrimau said that as he had pleaded guilty to the assault, he would withdraw the other charge, and requested that His Worship would defer tbs two sentences until Monday next, as he had another information (mating' the third) to lay against tin; prisoner,-viz., larceny. Remanded until Monday (tin's day.) Sllll' DJiSKItTIOX. William Lemaire appeared Lo answer the charge of Captain Funnell of the ship 'Ganged,' ofdraeitiug from his ship on the 18th ultimo. Prisoner pleaded guilty, aud wa3 sentenced ta twelve weeks' hard labour.

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