POLICE COURT.—Friday.

New Zealand Herald, Volume I, Issue 85, 20 February 1864, Page 4

POLICE COURT.—Friday.

[Before Thos. Bockliiun, Esq., 11. M.J Tim I.ATK WATCH KOIiKKUY. Joseph "Williams, a private in the 10th was chargcd with having olcn from the shop of "Mr. HartlcU, Shortlnml-.str«''<-t, on Monday morning last, iivu silver watches, valued :it .£3O. A. G. Bartlett, sworn, slated : I am a watchmaker residing in Sliortlimd-ftreot: On Monday morning last I was nwoko by a loud noise at about a quarter to six o'clock. I arose and asked my son had he knocked nnything'down. Upon receiving no answer 1 immediately dressed myself and went down stairs, when I discovered the door, leading into the Lack kitchen, open ; also the kitchen window fastened np with a piece of wood and a trick, i then went into the shop, and found seven watches, which I had placed there the. night before, to have been taken away. I immediately gave information to the police, together with the description and numbers of the watches. The live wafchcs now produced are mine, and out nf (lie seven that were stolen from mv hou-e 011 Monday morning last. Their average value is .to each. " " Joseph C'ardoch, sworn, deposed: I am a hands- j man in the OSth regiment. 1 know the prisoner ; I saw him on the 17th instant-. I believe he is a soldier ' 1 in tlio 40th regiment. On "Wednesday morning last I was on guard at the magazine, Albert Barracks, as acting corporal; prisoner was then confined a prisoner in the guardroom. lie was in the sergeants' room, and I saw him give another prisoner a" watch to sell for him. Prisoner afterwards got the watch back from him and offered it to me lor £1. This was about 12 o'clock. I ottered to buy it, and he gave it to me that evening. I gave him 10s., and was to give him the other 10s. next morning. The watch now produced is the same one. "Upon coming oil' guard, I went to Qufirtier's to sell it, and Mr. Quartier said it wanted repairing, so I left it with him. The police then came and said it was a stolen watch, and constable Green got, it from Mr. Quarlioi'. Constable Green stated : About eleven 'o'clock last Thursday morning I received information that the last witness was olibring a watch tor sale. I went to Mr. Uuartier's shop, where 1" saw the witness. Upon examination I found that the watch ho was selling was one of those stolen from Mr. IJartleU. Mr. Quartier then handed me the watch. I have shown the watch to the prosecutor, and he has identitied it. l''rom further information I received, I went to the magazine guard-room, where the prisoner was confined. 1 asked him if he had got any watches, and h;i replied he hud not. I then searched him, and found the four watches I now produce upon his person. ivlr. 1 iur;lett lias identified them as hi-i property. 1 attorwards apprehended prisoner on warrant. The sergeant, of the guard was present when ] searched him. Prisoner said lie had bought them from a sailor. Upon biting chained in the usual mr.imcr, prisoner stnteil: 1 was coming in from Otahuhu on Monday morning last, at 9 o'clock, when I met a sailor at the 'Junction Hotel;' lie showed me the watches, and 1 ottered him 7s. for one, for it would cost, a good deal to get it, repaired ; I gave him the 75.: lie then "asked rne if I would buy the lot; and 1 gave him JC'i 18s. for the other four. Prisoner was then committed to fcike his trial at the next, sessions of the Supreme Court. LAIICKN'Y. The nuin "Fisher, apprehended upon suspicion of being concerned in the robbery of jewellery, &e., to the value of .£IOO, from Lieut. Jackson, LSth regiment, at Otahuhu, was brought up, but remanded until Monday next, in order to enable- the Commissioner to .uako further enquiries.

Eliza At well, also apprehended V'°" •" ; having stolen a revolver from t,ul Co 1" "V".'' Transport Office, was likewise remanded until tlm fSaturduv) morning. v * dkuskards.. Thomas Xolsou, ss. and costs, or 2 t hours hard |£r, Margaret Miller, Margaret Dickinson Marv O'Laughlin, 20s. and costs, or 48 hours haul •18 hours' hard labour ; this man proved to have deserted from Ihe company, and was ordered to U handed over to the Militia authorities. MOUI-K l\ MOUJ'E. William Moule, Major in the Waikato Militia, apneured to answer the charge ol Ins wife, Louisa Moule, with having deserted her and left her without any visible means of support, contrary to tlio provisions of Deslifide Itclief Ordinance. Mr. Merriman and Mr. George appeared Tor the complainant, and Mr. Wynn for the delcudant. liter some little time had been occupied m eiideavoui'iu" to settle the ease privately, it was announced by Mi°Mcmman that the ease must he procceocd ; Willi, and lie called on the first witness. ; Louisa Moute, sworn, stated : 1 run wife ot tlie-de-fenduiit; we were jiiairicl last. Lecember twelvemonths, at (Uoucester. We arrived last August m the "hip ' I'ortland.' We lived at Tarncll first. When lie went to Tarauaki he left, me here.'' Since my husband went away I have moved twice, but with his concurrence, lie lias given me no money (or my maintenance since last November. It was o.,ir own furniture in the house ; part of it is removed, and part remains. I hud to sell a poriion to buy food. My husband took the second portion away, lie also took my trinkets and plate, and mv father's things ; also heaps of very handsome articles, and my wedding dress. Tie "took them when he first came home, on "lie Gth ISov.; the remainder of the things he took last Tuesday. 1 have hail no means of support since last November. What his pay and allowance us an oiliccr is, ido not know. lie is now a Major iu llic Militia volunteers. He has often come to the house since November, but never resided there. 1 was at the house when he came last Tuesday to take the tilings. lie has not resided with me since November. Cross-examined by Mr. Wynn : lie has paid one bill for £1. 125.,/ for groceries and bread for three months, to Mrs. Conlcy. 1 reside in Othcial Bay. Major Moule only staved there with mc for two nii'hts. He has paid no other bill. Mr. Morrill's is still unpaid. I have the bill at home. ire might have paid it, as also Mr. dames', without my lmowled" e. fMr. Vv'ymi here produced a letter, which was shown to Mrs. Moule.] This is my letter; it is mv handwriting. [Another letter produced.] This is mv writing also. What is on the flileaf I deny writing. TA thin letter produced, and read, as follows Dearest one.—Conic at once' While you are aWay, minutes seem as hours. Him I serve from dutv ; but you from love and affection. Louisa." j I did not write that letter —indeed I did not. !_A fourth letter produced.] That letter was -written by me. It was written on the anniversary of our wedding day. It was not my marriage vow I broke. I vowed to lead my husband in the right way, and I have not. [A;doeiiment produced.] That is my writing. f Several oilier letters produced, all of which witness said were in her handwriting. This ; was done to identify the signature, ,'ic., with the one ; which she denied writing.] I know a Mr. j Howard. I iirst met him on the Wvnyard Tier. | I met him several times for some days; at length we i spoke. I was Oil the pier when I first spoke t'j him. ; I did not then know who he was. My husband was i at Tarauaki. "We never met by appointment. I went to church with him once, and we sat in the same pew. I believe that a friend of the servant earl's wrote some letters, and iinitatcu my handj Writing. I never wrote Io Mr. Howard in my life, or sent the servant to find liim. I recollect; a particular , Sunday when Mr. Howard accompanied me out of ! church. When my husband came trom Tarauaki, I ; told him 1 knew Mr. Howard, and pointed him out ; to him in the street. He had not visited me then, i but had stooped and spoken to me on the pier. Mr. j Howard w.s at my house twice. I was never out i j walking with him after dark, or left my house with ; him utter durlc. Mr. Howard was never in my house ! after mv servant went to bed ; she always: assisted me to bed; lie r ever called at my house atter I had retired to bed. He sometimes eame at eight or nine o'clock, bill always went away soon after. He only came twice after eight o'clock. 1 never informed my husband of these visits. The first time I told him was in a letter, when I said I was guilty to a certain extent, ilr. Howard never came to my house when 1 was ill in bed, or never came into my bedroom. I was told he was in my room, but I was too ill to know. He has been to the house since that, but how often Ido not know. It was the seivant told me ; it was long before tea time:. I never told my husband j that Mr. Howard was in my room. Upon all occasions when Mr. Howard was there after dark, there was a light in the room. Neither he nor I ever blew out. the lamp. I was always sitting sewing. He never came to me when I was undressing. Mr. Howard never sent any presents, nor any oysters. He never partook of any refreshments. an,i always came alone. My husband had come to Auckland during the time of these visits. I know the servant's brother, but lie never conveyed messages for me. I never told him to watch for .Mr-. Howard, and tell him when the major was coming, or in town. I never took any steps to prevent my husband and Mr. Howard meeting in my house. I recollect one night when Mr. Howard was there a knock at the doer was heard, but Mr. Howard staid in the room, and did not go into the hack kitchen. This was in the evening, after dark. Mr. Howard never took oil' his boots and left tlio room when a knock eame at i the di'.or. I last saw him about. 10 weeks ago. Since j this affair Ims been discovered I have never seen Mr. Howard to speak to. By Mr. Merriman: The vow 1 speak of as being broken does not allude to any marriage vow, and 1 have been guilty ot' nothing but the indiscreteness of receiving- his visits in the evening. "When I was en the pier my maid was always with me. ; J. Howard, sworn, stated : I know Mrs. Moult-; I first Saw her on the VTynvard Pier ; I do not recollect ! the date; 1 think it was in or about tin; month of November; she had a servant girl with her; Ido not. recollect if she had a dog, the first time I spoke to her she had not. 1 subsequently went to her house. T do not think I ever spoke to her before going to her house. I was not aware that she was a married woman. I never bad anv improper connection with Mrs. Moule. Cross-examined byMr.~Wytm : I received a message from a boy, and in consequence went back to the house at dusk. I went in without knocking at the door : I saw Mrs. Moule ; I "went into the parlour : there was nobody there but Mrs. Moule; 1 remained a_ quarter of an hour in the house; that was the iirst time I ever spoke to Mrs. Moule : half a do'.'.eu time; after that I saw Mrs. Moule: I never heard from her that she was a married lady ; I never recollect, during the times I saw her, addressing her by anv- ] name : I know her name to be Louisa ; I was never there later than eight o'clock, and never as late as 10. 1 went to the house on an invitation received through the servant ; I saw Mrs. Moule in her bedroom ; shew-as in bed wide awake ; upon my addressing her she told me to go away out of the room ; .1" shook hands with her and went away ; the servant also was there. I was so confused at seeing a woman in be-.l that I have lit tle recollection of what occurred: I might have kissed her hand. 1 did not see her again lor a month. The servant met me one day, when I enquired whero Mrs. Moule lived then ; upon her tailing me I immediately went to herdiouse, ami saw Mrs. Moule. I never saw Mrs. Meade's writing, and therefore could not. recognise her writing. 1 think 1 have received five or six" invitations from the servant. I was once in the kitchen ; the servant was there; but it was not the servant that led me there. • 1 was there not more than live minutes. Mrs. Moule was not there, and I went into the kiteinm to see the servant. I have been out walking with Mrs. Moule, but. 1 do not think from her own ho\i«e. I have been in the Domain before f> o'clock. I met her in the Domain by appointment made between us in her house ; we were home by 0 o'clock. I did not go home with her, but left "her at the (-.mined Uiambere. I recollect being at church with her once; we met going in; 1 walked out after church, and accompanied her home; 1 forget whether I went, in or not. 1 novor recollect huviim* anv eou- I verxitton with lier thou. 1 don't hvr 1 meeting me partly dressed only. 1 was never in the room with her in tlio dark, JCxatmned by Mr. Merriman : "When I wen t to the bed room door Mrs. Jloule seemed much offended, and told me to come 110 further in. I never received any letter purporting to come from Mrs. Moule, except one given me by herself iu the servant's presence. L-never read it. When I wis with her in the Domain we kept to the public path. I repeat that., beyond the ludescrction of' meeting her thus clandestinely, 110 other impropriety took' place betw.'cn us. Iu sumau.-.g up the Court c'n theui-.po- j

priety of bringing such a case into the Resident v tratfc's Court; neither husband, nor *dfe would h' 5 ' blame and disgrace ; but reviewing the, Court must come to the decision that t)ii. r ,. reasonable cause for the defendant descilinl T-' wife, iind that it could not therefore intPrforc t/ -pel a • Ktintonancc: of tlie wife. J cori'l-