SUPREME COURT.-CRIMINAL.

New Zealand Herald, Volume I, Issue 175, 4 June 1864, Page 5

SUPREME COURT.-CRIMINAL.

iM'iro Sir C. Alfred Articy, riiicf Ju.-lk-e.J I FRIDAY, J 1" N K ;l. IMIH. : i Bi'mniiss was resumed at ten oVloek preeiselv. His ' Honor taking his seal on the lienrh punctually at llu v hour. ! ; STKAI.INt; Ku(»M A mvKI.M.Vtf HOI'S]:. Kate Palm- r was placed at the liar. charged with J ! stealing lrom the " W-, n\ ar<i Bonn ling il tuiso" in ! Kebruaiy. hii;?. a ouantity of I'luiliim;, jewellery. iVe., ' the propirtv 4*l one Annie Maria Dunn, to tin* value \ ol ' : Prisoner, win) appeared much iillected, and was . accommodated w n h u seat during the tr:,iJ, pleaded not guilty. Mr. Merriman appeared as Crown Prolocutor, and Mr. Wvnii w;i> present on behalf of the defendant. A petty jury was thru ?\vurii, Mr. Alpc, being chosen jis foreman. Mr. Merriman in < -nthe case to the jury remarked that it was one of the moat trying i-ax's that p«?»i!»Iy ("ui'l I", I"r;i person like prisoner, holding a good station in life, to 1 arraign il on a charge ol so .-eri'-u- a nature ; they had a painful duty to p-T- i mm:, :cxi'i not « on.-ider the po.-ition of tlit* { pri>i;iit'i, i'iit art strictly up to the oath they had j taken, and wh« n triidgive their verdict according i to the ,-videmv brought before ihetn, which evidence , he had Ilu ile-ll;:tioii in >a\'ilig Would < learlv pl'oVe her guilt. in N<vember, Ihti'J, the pro>eeutrix was living at Mr. llavh-jj' dwelling, the " "Wynyard Hoarding iioUM\" and up<.n leaving shortly after, jeit >oiue property there, and when she returned in ( February. il was gone, and no traces of it to be found. When >he >puke to the prisoner about the ' tiflt, r-1 i«_• ■the ]iii>ouer) gave very contradictory aeeuiml> a> to u li.it had heroine ol" it, and tried to tim»w ; the hi. tiir on aiiotmt party. From infounation re- ! ceivul by ;ue pro>ecutrix Mlhse<pieutly a search war- j rant \.a> obtained and < xecuted, and upon searching ( the room oeeuj itd hy pri.-Miei, the property was ! found. J'nen it mu>t hi; remembered that the pris- ; i ojic;' gaw very nns.iti.-taetory accounts of wliat had i heeoi,,,- v»i 11 M'Vei a I times iiefoie, and then she tells I i !;:• e« n-'al/i'* that >he did not know what induced j : ii» v to t.iu, it. 'I'he (|iie.-iioji then was, whether she \ i was. •_iiii,y of stealiiiy troiu the dwelling or ot' simplo j . l u-o iiy ; the property was found in her po>se>.<ion, i j and sh' li:id jiteviou>iv elldeaVoUl'ed to thl - OW tile : | i-l.iiti'* mii another party. 1 1• • hoped that they would ! f w. II reii>ider the whuloea-e, and not 1m inllneiiced hy I any *v;npathy o:i account ot ii»-r portion, hut aeeoi'di:;g to tin- i vni- ncc j jind ie-r guilty <>r He wouid now j»n>. e.-d t.i »*;ilI the vvil«.>.-s an«l I'ntin i j,e I'videnee heiorr them he telt a.-sured it would clearly pruVi in r guilt. ile would call the jilt s' culiix - i Annie I aria Ihmn, >worn, «lepo>e»l : I am a m:ir- i j i i»-d w«'isiaii, and wile ot Mr. S iiuuel I)uun. living in i ! Auiixiand. in J-'ei-rtiaiy I was a woman, and redding at the 44 Wynyard iioarding j li"ii-e," Oil i i il li.iy, icejit by .Mr. llaylo: i was- ; ■- ior ..j.ooj five day>. Wh' Ji 1 h ft Ilavles' ' ' l. :i so'iji- ].rc.-,,-iiy bi.-iiind : a great many things, : j. n:<-Ji.r-i 11:' .n a ore--, cv .. in a bandbox, ami "il.ee -ewu up m e. r j it l> . I returned again to lla\les' ai>oui two or three monlit> aiti r, ami nun.scd lav goiid> Ih;.I i ha>l I*-it ta'.le. | iiilS:ed a hloach, bniKdi of ei;anii-, u sijk die-s.'s, and a seal. Y\"iieii 1 I'.-.L in .Novcnii»er, i i'.'lt the thing.- in the jMs«.;ige - i ti»e liou-*-. i .--aw the jJiiftonei- when 1 le- , t irneii in ]• ' , and on Lj»e .same day that 1 ; d tlie things. I >pol«j to iier about my loss. ! Wiieii 1 calm; UoWiL to .Mi>. llaycs, prisoner was in j . i,ei" room, and 1 mentioned the ciieum.-luiico to them, j and primmer .-ai<i .-he ua.-, vory . s orry ior my having 1 mi uiru.V tijing.-, aial Jelaarkcd that .>he iiail Se»:n . tae M i N'ant gii i at lay batidi'o.v. 111 oi ; information received MibM-ipienily, in April laV t i oh- ; taiuMisi sear.h warrant, and accompanied a policeman to ?earoii tiie p:i.v>ner'r> rooni in tia; '* V» ynyard li- aiding llou.-e." i had pn viou.-ly iuforiued the i 1 j.< >l oi my loss, in ISOX (Jorj»orai Scott, another , polioeinaii, -Mr. -Mr. I'aimer, and ?di'. Iht/trt, ! v.*t j(• jnex-nt wii.-n we si-atciied tin: room, j When we tir.il. went into tie: ruom, Corporal rfcott | l'ea«l the .-»;areii waiiant, and prisoner replied t.'iat.she- ' ; isad nothing oi'tiie kind; .-search was then made, and - ; the dros iojml hanging behind the door, (the same | : one now produced in Court), its value is ,112, and 1 • ; have only worn it twice; a bracelet and a brooch, ! now pioduceih, vaiuc- XIU, wi.-n: then Ijandi-o to us ' :-v [<ri-' U« r, she took tie.-jn out ot a box that was in lae rou,ii. We <tid not Imd the buncli ot gold Maim-, but a .-mall seal, value bd., which is also my piej.t rty. All the things now ]»ioduced are my pi'"- ' ].ei"t\'. We louiid tin- boily ol the dtess, winch was : on t"i;e dre.-s when I leltii, but since cot oil', m one : of iier diawers. Wiieu we were r-earehing for tie.- ■ t.iings pn: U.ier -ant hlie would J'ay tJm Jil'ice ol the ; on s.-> ami a.-ked me to forgive her. J am certain 1 ; i.-li ail things in liayle>' house wlien 1 leit in , ! November. ' by Mr. AVynn : I wa« ac(piainted ; v. ithtiie jinsuner before I ielt Jlaylen : ior more , ! than a year before : it was at Ilayles' that we were j ! acquainted ; i think it was ill December, lSlil, ' t hat I lust knew iier. Mr. Ilayles did not oceupy j tin; same house then, he had the * 4 ('laraiuont House 1 I'linces-sireel. He removed in dune, lyO'J, to the ' *' Wvnviii'd UJiicial Bay. When I letL in ! : November 1 seweil the tilings up and put them in the pas-age. When i them in 1 tfave c-rrect information <d" the robbejy to the police. Prisoner had not lodged in the house all the time since we were hr.-.l acquainted. i do nut Iwiuw whe-

i I t!i'T:i7iy i>lll , els > h-ul occupied hot- m"iit. I was F j iiiirn-(I in January l ils t. My maiden inline was ; I'.v- Mr. M.rWm.-m : 7 }~|t inv tliinirs in " Wvn- !' ViiiU 1!, ): ,n1i,,ir lions.-," Dlliria! Hay. l'enjamin ("hallos Haylos, sworn. deposed : I dm . prnpn,•(,.,-of (hi' " W'ynyani ISoardinir !!"Um.\" and | . •'•' V- 1 ii s<! sin,.,. .1,,,,,., T,-,,.,.,.,, !r i X -sl<ip].,-il : in mv hon-e lor a length of tiin-• : she left my house i ' in November, !Sl,\>, ;, n .l lelt a l.aii.lb..x and .-.me i ' i thii.gs wrapped ii j> i,, calico behind her. In .-..ii.-,— ■ J ([tii-iuv (if information i oivod lnun la-t wilno ■-.<, I '! had ,i conversation with pri«nueral>-'ut sum.) pro- : pertv laat proseculiix had 1,,-t. In r'ehru:,: v, Ksiilj, , , :.Ii>:<(;-iniLT «-.•,!,..- :,,,,l f.ue.d berthing and I ompimncd oilier W. About that tint.- ! hcird a i roilvi'i-Miii.m between the prisoner, Mrs. Ihiylrs. and ! : the pio.-eciitrix, about the robbery. Prisoner loU. the i piwc.ifi-ix (liaf she. hn<! seen th.i servant nirl u» t" I ! her bandhox an.l look at her things. In the latter ! ; .n,l ol .\pril last, the prosceutrix and Corporal Sell I came to my house (<i search fur the tiling. The J search warrant was read liy Corporal sicott, and prisoner asked what it ini-int," and 1 told her that Undress which was h-iiu;-ing behind tin- du..r was Mi.-.-, , ( .aincr's. .s] :< . siii.l •■ it i< not, I have bou-hl thai at ; Ui-ahanrs." She afterwards ove il up, savin-.-be . would yive Kiivthinir for it tu 1,,., quieted, "and her husband not t<. know it. When the. jewellery was asked for. prisoner gave the tilings n< w produced tu ; Corporal Scott. Prisoner told lii:r husband she did ■ ! n..t know what hii.l induced h.M- to take them. After | ! further searehin". , , theseal. an, , , tlie body of t hi: dress. I was found, at:d elaiiued hv I lie proseciitrt\ as her J property. The •• \Vyiiyard Hoarding lloii:.c" i- ' j situated in Kdou Crescent. i Cross-examined l.y -Mr. Wyni, : I'ri-on.-r is mai- [ vied to a Mr. Palmer, survey.".!- t<, the Provincial lio- : venmient. ■ V>y Mr. Merriman : Prisoner was living in mv j hou.-e as a single woman w1,,.,, t| u . thin-s wci'c lost. ! Corpora! Scott, of the Armed P..lice, depose.l : On the I 'JC.th April l.t-t 1 received a searrh warrant to seaiee | I the a]iartnii-tit of Air.-.. Palmer, at "Wyny.ird 11,.u5,/' j liefoiv entering the room I stood at t"he d"..r an,l j read tin-warrant to prisoner; she replied that she hud j ! none of the sirtiel.-s i«,u:i.,ii,.,l in it. Mr. and Mr.-. ! J llaylfs, Mr. and Mrs. Dunn, w<tu pie-eilt ;.t ;l:e j time. (Warrant jiut in and read.) Almost immediately after reading th- wariant piis,,n<r sjave up j the sUin of the ilivss to the pi osecuti i.x liuni' hehii.il I j til,, door, and then w<-nt to a .-mall hnx an,! tooU out., < , hrooi-h and bracelet, askiuir her if that was u< r jiii.- I I jierty. anil Mis. Dunn said they wcie. (>.u lieiu- I asl;,-d for the hunch of chariuA, she .-aid .-li<- had net | I -ol them. In a sin ill box .<„ the div>.-in- table i I toun.l the seal now pr...1u.-ed, which -Mrs. lliiiiu claiiM.,l a> pail of h.-r bunch ol charms. In a drawer I undern..alh all the ..tlu.-r aitie:.-, 1 found th- body ..i I the dress. Pii-,,ner tlien wrnu- her hands, and .--i-d J -lie did not know what UnipUd her t,, take I j them. i ! Cross-.-xaiuiiie.l by Mr. Wyiiii : I was in the r..oni j ! all the time. I didm.t hi!.-ir"h.-r make any oilier re- \ I mark al».ut the dn-.-s. ' i j This was the ease for the prosecution. : Mr. ■Wynn then i,,.~e, and addrc.-s.-d the jury for ! the defence, .-tatinij that it was truly a caM- of a very j ! painful character, con-iderii.!.' the station ol life tl,',. I prisoner was pU-cd in. Me would ju.-t .-late to then, a few tacts, and simply invcsii-ale tin- statements ; thathadl eenpre.-eiuedtothem, fbrtlu- lalterpaitoi the i ease wore e, rtainly a vei-y sei-ret aspecT. 'i'neic w,-re ' three witne-.-es, and not 1,,,,, of them stated the s.mie facts, and v.,-iv all at variance. Sc.tl .-aid th.-re wa.II,) other exi.r".-sioii made vise of by the prisoner, e.\-i-.'ptin-, " Whatever induced tin- to take the tilings. " ■ Ttie other, llavle.-, had made quite a ditlereiit state- ' lueiit, and it wa.- n.itliim;- but natural that the police ', con-table's ■.•■w.lonro shoi.id b<. taken hefore llaylc,' ; ; but he did it. -t want toca>t : in v r.-lhvt lon on Havle.-, ' he mi-ht have fori-ott.-ii what" really did take p!a, e. Then there appealed iiotl.ii.ir in prisoner's conduit ; to arouse suspicion ol litT !ia\ in- .-tuh-.'i the aTtiele.- ■ li<-loni:iiiy: to Mr.-. Dunn. These aitid.-s w.-n- lest ! tlieie'bv'Mis. lnmn in lS(i-.». and -he never saw them ■ a-ai.l until Febi uai y. 1 Si.:!, wh. n tt.cy weied.>- | eoveie.l to havi; been stol.-n, and no suspicion was I cist mi the prisoner until April. ISM. And thin I what led to the .search warianl : What aroused the : lirststepr Something iiiu.-t have transpiieil. The: 1 dress w..s bun- behind the door, and not concealed ; ' 1 there fine Mk llavies nui-t have seen it, as slie was ' no doubt otteu in the lodger's room. Why was Mr.-, i llavies not pill in the witness box r It was nust ■ extraordinarv —for she must have known something i about it. Tiicn airain. why was not Uα- servant j brought as a witness r :i.- the prisoner said she had j I seen her at the band box. The only thin- against ; j tin; prisoner was the liniiiii- of the in a room ! I occupied by li.-r. Tha't was tlm only e\;- '• J deuce they could find her guilty on ; for there was 1 iiulhin- to show that she stole them, or that she had ! concealed them. The dr..-.- was lian-in- exposed , behind the door, and ii .-he had stolen it, it was n<,t ■ likely that she would hah- it there, w.icie every one \ Diat'enieivd the room eoiiid .-.•■■ it. Ki-litccii nionlhs ■ after the felony had b< en committed, the thin-s wci.j J found in a ronin oc.-upicd by prisoner, and no evij deuce liai* been -ivii to .-how that thcie was any i particular occupant of that rooiu, or whether it had ■ ) .-evi-ral changes. It on-lit to have hi ill proved how ; .-he !f«.t iJieni, and when .-lie -~t tiicui. That had : not been d(.ne. therefor., ~]„■ ,-ould not be found ; 1 L'uilty off.-loiiv. for no telonious intent bad been : proved. Mrs." llavle- siioiild liave been called to ! ,-tate whether she ever saw the prisoner wearini; the I ilii'ss in- Jewell, rv, or in anv way m.ikiu- use ol ; ! them, loi-h...; .-he don--so Mrs. jlayles must liave : ! M-ell her. l-'.ven when tlie policeman went 111 with ; the ,-earih warrant .-he did not, attempt to conceal ! j the articles, hut yo.-s and -ets iliein, and asks pio.-c-I cutiix if tiny were her property. lie tiu.-tcd that j they would 'feel jierfectlv sati.slied that there was no ; : act.'of felony, lor there was no evidence whatever to i »h..»- it. fh- pri.-oner wa.- not in a position of life, I to be tempted to .-t.al any articles of this kind -. but ' : however suspicious the adaii looked, there, was no , ! evidence to convict liet-ol lelony ; and thciefoie he ; trust, d th.-v {the jury) would acquit her. Mis i10u".,, t|,el"l -Ulllllied lip, icviexvill- the eviI The'.jury "lii.'-n ""reti'red. :un\ after an absence of j alioiil ten minutes, returned with a verdict ot "- 11111_\ of simple larceny."' Mr. AleiTiinan having jiravi'd llie jiid-nicnt. of the (.'oiii-l, ' ■ ! Mi.- Honor addressed the prisoner somewhat as ] follows: — K.U.: Pahiier, tho j.iiV, in the absence of positive cMdcncc that \ou .-toll- III,' pi-openy from i tilt- dwelling of Mr. llavies. ani basin:; their verdict I on the i.o-.-i!iililv that vou mav ha. e become po--.-e.-scd of it out 'oi■;!,.■ dwebiu- hoi.-e, r.-iic.eyu I from l!,,- li.-iivierci-imc with which sou were coal-el. and enable me to milium- the scnlcnc,- the l.'ourl j niiijhl have fell it ils duly to have pas-ed upon you. , j'lle lad of you holding the pfopefl \ mi luii k swliioul ; ! KiscloMie,' il" is c:i|.al(l<- of 1 1> o liens: il infill imply ' ON the one hand li.i.t von ;i re :i vel-v liol.l llllcf, and i on the uiii.i- mind, be laken as evidence that i i _\uii are ii(.t e\]»eni'iiei'd 111 crime, as u>ll did Hot j ! take steps to a'\. fid of the evidence of your jjuiit. j J 1 am inclined to think that hail you been a woman i i of a vi-rv fjiidtv ini■ iil, or much experience in crime, I vou would have lound incaiis of rid •.(' llie j i properly and tui-nin- it luto money, a- probably a ! nio.e experienced thief would Inn., done. Miave J considi-rcd anxioiislv as lo whelltcr il. was not almost ; j my duly to set the example of dd'yin;,' thu law, and j : refusing to imprison vou, a respeclable married j i woman, in such u place a ? the Auckland prison, and : I ihus condemning you to sleep and associate with all | the woi-.-t women in the province. When I look i ! around and sec the mcivhaiil palaces creeled within [ I ii few sards from this court, house, a.-id the smiling i villas that cro.m tin; hills, I cannot but leei that a i j community s» wealthy, which condemns its t.-llosv ', ! citizens to such u place as tlie guol, is unilly ; ! of a crime iigain.-t their country far fjivulcT Ilian lliuL ! : for which you have been committed. The Court j I m\i>U however, do its duly, by awarding to crime iis ■ I proportionate punishment. I shall make a represen- | I tat ion of vour msu lo the Government, as I did on a i I former oe.'asion in thai of a ivspeeliilde young woman i I --and X hits i- no doubt il will be favourahlv enter- | ! tiiineil,—thut you may nol lu: taken from liial gaol, j a'ld he restored to your husband, after h<-iii- .-üb-jcL-led for a lcnytlii'iu-d period to the conlaniiiauiug 1 lullucncc of assoiiaiioii wiih had women. Tin; sen- j tencc. is, tluil you be imprisoned, and kept io hard •; i labour, for a term of nine calendar mouth-. ! The prisoner, who seemed decpH alfected through- ' I out the trial, was then withdrawn. i I i j KTEAI.INC 1-IKiM A l,\Vhl.l.lN(i lllifSE AMI A CUIItCH. | i John James and Mary Oarkson v.en: charged with stealing from thu dwelling hou.-e of H.-niy Ucrou, at- thu llauku, on the lsl l>uhruary last, one ' barometer, out: (lower va.si; and stand, and emu I hack-aininon hoard. j Tin: iniilu jirisonur ]iluadcd guilty; tho woman pleadud not imilLy. Mr. j;.;veri.i-i;"api.carcd for tbo pri.-oucrs. ) The Judge statid tliut no c> idence api>Laied upon j

— 3 tlte dcposiUoius stiilicH:,,t to ~m v; ,.t ,iio prisoner, and theretore r,:.oininended thu jury to i-otum a \omict Kccor.tiufilv. A verdi.t of not R uilty wa.s retui-ned. Ihere was another charge airainst the prisoners of felomouslv entunnpr aml stealintr from a chmvl, a t j thu Maului, on the siimn date, a h■■•■■ ,-o ■!-,•:,;„., i S ,\'.™ ( n ( !j .^?' , " ;ehold art '"''''«. also the pro], n, :.| the To (his .-liar-,, the male prisoner pleaded piiiily. Ihu woman jilwid..,! i,ot guiltv, iinil was awpiittod uy the jury. A chai-e of sacrile-o was also included in the indictment, but whs subsequently withdn.wn by Mr. . ....-rrimaii. thu c,,un5...l for the" prosecution, on tho I i;t. uikl oi the evidence not bein- auiUeicnt to uup- ! l>0! t it. a ' j Scntemvdei;n-c,l. STK.SI.INfi TOl-.ACCO. AVilliam Syl.es »■;,., diar-cd witb Meal in- fi-.m a store at Kapau-a, Coromandel. on the Mill of U-L-imber, IS.;;;, ,„,,. llnv . ( , r tobar.-,-.., of thu value of ! .1,. (in- pi-opcriy 01'.M,-. ].:,lss-ard Wood. J Mr. Wynn app< ,red for t:.e prisoner: llr. Jl.ini.iiMi j>rose L . u ted. The following witnesses wore called • — I Mr Iv.lwai-d Wood deposed: [ n ;h» momh of i Poceinber last , kept a store ii ('n,■„,„.•,nd,-l. About : th.; iiii.ldle of that month I saw the prisoner who ! was residinir then. The prisoner was ear, i na « 1I'.r meat that time. 1 do not Know ssh.-iher he !■.•<•• ived any - |s for me at that time, hut I had tobacco and other (r,,,,,j s .••.nsi-iicl to me then, from Auckland. i rccoiv.-d them all iM-ept the tobacco. Tlie weight of the tobacco ( ;o,iM-ncd tome was -Jo lbs. | 1 sued the pris, r in the Hesid.-nt Magistrate's | Court lor the value of the loliai-e... In that case I was non-suitcil. Kroin in formation I iceeived. I afterwards plae.-d the matt -r in tin- hands of the ! police. It occurred to me to -o and see Marv Ann Co-1.-110. and then I laid information a-ain',t the! j prisoner. I can identify the tobacco now produ.-ed | i in Court a- l>n- same " produ-.-iI in ti.e Nesnlent i i Ma-i-lrat<.'s Court at ('..roinanii.-l bv Corooral j Ilaslie. ' ' ! Hv 11,,. prisoner's counsel: All I l;now of the tobacco is fr,,;n the inv. ice. I Know ibis tobacco to j bc-ihc same from its :'cn,i-al appearance. riyl.es is j a general carrier at Coroinandcl. There an-'several [ stores uh, iv tobacco is soal besides icy own. j j Marv Ann Co.-tcllo said: hi Mav last 1 „< ! ] llviliM at thc,>rison,-.-'s ho.ise as >i scr.anl. I re- j I colled a di-Murbancc t::ki:i- nlnce about some tobacco between Mr. Wood and the prisoner. About that | time I saw some tobacco in SyKcs's hoii-e. Jt was a short time before the se-ir-li warrant was brought 1 cannot say bow loin;. The toba.-co was imderneiiih the prisoner's bed, in a small square box. ■Not so lariii , as that ])i-oiluccd, but about seven } inches wide, six deep, and eleven Ions;. H ! remained under the bed till Mr. Wood said he was noil.- ,„ get a search warrant. He told .Mr." Svkes this. I don't know how Ion.; it icmaincd there, but 1 ihink il was about „ week iUlci- 1 lirsl .-aw it. It was taken assay by Mr. ."Mlics. Mrs. Svkes wassvilh liiin at the time, lie [ml it in it sack", a'ml tool, it out of the house, into the stocKvard. a few yards from the house. His wife went will, bin,. She came back and asked me Cor a spade. 51,,, look il to »here (he prisoner was. ] dul not see what they did in the stockyard. 1 sasv no more of the tobacco until Iho civil case wa.s over. The toliiicco was taken on' of the house before that case v. as l.i-ouu'ht. After I hat I saw some tobacco fcrouj-lil back int.. tin- bouse by Mr. mid Mrs. Sskvs It was put ever the is iiidow to dry. It was similar to the toha.ro now produced. When hroimhl back il svas all wet ami miiddv. Il rvsnnblecl that I saw under the bed. IVoss-examincl by Mr. Wynn : I did not see Mr, Svkes put the tobacco under the bed. I knew it was taken assav because I looked in the room and missed it. 1 ilim't r.-uieinbcr what day it svas tiikrn. The !.:i..' sv.-is like thai ,en pill wheat in. The box wi,s in the Imu when it "as laken n»:iy. I have not n lh- box since. Ido not know'what quantity ss-.-i- in it ;il was full, li »as taken assay about S o'clock in the rsvnitii:. I luard llr. Sykc's toll his wife about the search warrant. It 'was the day after that tin- civil . a-e ca-:u- on. The tobr.eeo was brought back in 11 Iα- nluuil a dav or two lifter that 'cas<- was decided. S\ kes is in the habit of storfloods tor his ctisloui"|-s. I sasv llie tobacco torn iniiiuteor l\so beforcit uas taken from under tho bed. 1 took paiticu'ar notice of the tobacco because I knew Mi-Sykcs ncv. r had .-o large a quaiilitv in the bouse before for his own use. I hud lived at Mr. Svk-cs for about six months. 1 had no quarrels with I hem while there, but while I livid with them they ,o-t a pair of trow.-rs, and Mi.-. S\krs accused nieof neglect in the matter. They also missed a pair of blankets. Ido not reiiieinb'cr the dav on which the i..b:i<-eo was brought bad;. 1 lirst .-'poke about the I lohaccfi to Mr. llas'ic llie conslahlc. | Uy the C'oiirt—When I spoKeoflhc search ssarranl I meant the summons for the Civil suit. Thoma- Fiirivll, i-worn : I am a sailor. In October last I was u.aslcr of ilie .utter • Wanderer.' I brim.'lt: -.iinii' "oods from Auckland lo Coromandel in December la.-l" cou-igncd lo llr. Woo.l. They , onsisicd of from tsvclse lo lollrlcell cases. Amongst I hem was a bos such as tebae o is usually paclied m. I delnered lh.-bo\ lo the prisoner at the landing place at <'of mandel. Thai svas about the middle of I're. iniier. Siib-i'<|u:'nll;. I maic enquiries about the I. \ of the pn-ouer. who put me in mind of when I dcliscnd it to him. and he .-aid he delivered it to Mr. Wood, and thai he uas MimicoiiMMi; him for it. Uross-e\auiined by Mr. Wynn : I thought I had put it in the s'oiv as I usually do, but he ranunded me what I had done with it. Henry lumbar Johnson, sworn : The latter end of IVeember I kept a s!oiv at c,,r0.,,:in,1el for the prosecutor. In consequence ofiufoniuiti.m I revived 1 went down to ('oromandcl beach, and inquired of the prisnmra'ioiit the tobacco, lie told me he had dc-i-.svn-l it mi the hill w ln-re goods arc usually lauded. | 1 recollccl a civil suil L>eii>!i I,n,light forth.; recovery ~1 the iob:u from the prisoner. lie said lit the | Cert that he had delivered on the hill. There was j m>l a box of 10i.a.-eo among , -! lh<- good- so delivered. : The oi her packages I tool.cl at. and ascertained that ' iocs were correct, and took two packages myself, j an.i told a. Maori lo bring Ihe rest to the si..re. lie , bro.ighl liiem on lo the serandah. I did not miss' a-is goods in pla.Mi.: iliein i:i llie store. I ihink I .-li.'iidd have done s<. had any been lost. ; I Yo-.s-eviiniih .1 b> Mr \\inn: I believe the cisil ■ ,■:,., ua- tried aboul' March. ' I had no insoicc oftlu- I ;_,„. |. ~l |l,c lime I l-.-c.-ivd ih.-m. liv Mr. Merriman: The prisoner told me alj M'i'hei'".- thill I here w, IV a crrlaui nuiniier of boxes, ; !is Iho .lu"\ : I do not keo« wlril time elapsed ! lielsvecn Svke"s delisering the good.- and my jmtlinIheiii into "the -tore. ! lieorgc lla.-tic : I am il colislalilc, rcshlini; at Coi'oiuiuidel, I'oi-mcrly a coipofal llii-rc in the Ariui'd I'oiiee l'"oire. I scal'vllcd the pri-oncr's house in the l.Ulei-ctKl of March, and fiuiud the box svilh the 1 >l,ac.-o now produced, und-r the prisoner's bed. I took it in charge, and kepi ii till the iMli of April, when I bunded it. over lo (.'.instable Wallace. The and lobacco wore ihu Mime us those now produced. Con.-lable John Wallace then deposed: I uin n police constable, stationed at Coromandel. I recoivedtlie tobacco from brother of l«si witness, mid it, has been in (he possession of the police ever since. I can swear to its being the Mime loUicco as 1 received at Coromandel ; il had ben in my possession till 1 came to Auckland, when 1 placed it at the J'olioe ollico. The man I lvcciscl it Iroin is a police (.■oustable. It is nosy in the same stale as when 1 delivered it at the police ollicc. JJv Mr. Wvnii: It was at the lock-up at Coromiiudel when" I received il. It was ihcrc from the ."rd April to the liuth of May, Jo my knowledge. J numbered the iigs at Coromandel. I call swear to the tobacco by the general appearance of tlie piuce.-. I also counted llie number of pieces of tobacco. This concluded the case for I he prosecution. 111. Wvnii then addressed the court on behalf of prisoner,'urging that no case had been made out agaiiiM his client. Mr. Merriman amended the indictment by substituting the charge of simple larceny for thut of stealing His Honor llie Chief .lustice then summed up the evidence of the iiisc, remarking upon it at some length. The jurv retired, and after un absence of about ten minutes, relumed with a verdict, of" iNoi guilty " His Honor remarked that, the vcrdiet was a very proper one, mid ordered the accused to be liberated. The court then adjourned till ten o'clock this day.