MAGISTRATES COURT.-WEDNESDAY.

New Zealand Herald, Volume I, Issue 191, 23 June 1864, Page 5

MAGISTRATES COURT.-WEDNESDAY.

[Before S. Kempthornc, Esq. (Chairman}, Colonel . v i'kry, and Janus l'reece, Esq., J.l'.] AIiSEST WITHOUT I.F.AVi . C'has. "Wilson was charged with absenting- himself fro'u duty on board sliip " Ellen Lewis' on .Monday, 2A \ instant. ."Stephen Jii'lsyn said : lain muster of the 'Ellen Lewis.' Thu articles prudueed arc the ship's articles, 'i in.- prisoner i» entered on them. The uay before yesterday he applied lor leave to go on shore. lie said he wanted to see the articles and to see a doc* jr. He cat breakfast verv well, and showed no sign* of -ickn. <s. Jle used most lilthy language, and 1 told him when he behaved hiiii.-eif 1 would give him liberty and sunn- money like the otlier men, but for tne piv.-H'iit 1 would keep him on board. lie was disobedient and made tin; otliers as bad as himself. 1 am on a coasting voyage. I real thu entry in the i.llicial log. lie ab.-'ejitcd liimself from tho ".ship on Monday night without my leave, and on Tuesday 1 ioiihd him on shore, and gave him in charge. J!y the Hew h : Wages arc ratiiur higher here than 1 pay, ami tiio men want to get at liberty. i have i..ui u doctor on board, but me prisoner never saw him. 1 do hi't know what he meant by showing him the articles. William Koherts said : I Jim chief officer of the I ' Ellen Lewis.' Thu prisoner was absent without I leave on Monday evening last. .By Prisoner :" Vim did not ;isk me ; you said you weie gemg on shoic. ; The Bench sentenced prisoner to four weeks hard labour. ANuTIiKU CASE. Henry Simpson, for a similar ofl'ence, was also sentenced to iour weeks' hard labour. sTKAI.INC 1-IKEWOOl). AVillium ]J:iily, brickinaker, and Kobcrt Vincent, carpenter, of Howe-street, were charged by 8. Y. Collins wilh stealing lirewi,od, to tho value of 10s., lroin his pivmi.-es. _ Mr. Bevcridgo asked for a remand, in order to enable the prisoners to bring iorwarj witnesses in their deleiieu. They »wu remanded till Snturday. Tiail was allowed, two sureties in X'-JU eacii and themsehes in £100 each, to appear on .Saturday morning next. THE niKOLAItS. Thomas Thompson and Simon Peter Hums were charged with breaking into the lioiise of Mr. "Warno, in lYinei's-street, and stealing tlierel'rom various articles of jewellurv, ic, t<. the amount of £27 IU. . :.lr. Wvuii apjiJared for the prosecution, and M.r. lα-i: for the pr-soiier Burns. .Mr. Wynu said the lacts of the case were these: Mrs. Wanie came down stairs about, seven in the morning, when she found that a burglary had been committed the night boi.jre. She missed certain articles, which were iulorwards found in tho well. The"prisoner iJiu/is had been in and out of the house tiie whole of the day previous, and had changed a large amount of money. Before he left the house he •i.-ik"'d for eh miie of a £10 note ; Mrs. Warne thought it, strange, and'asked the reason ; lie replied that he was afraid of losing the note. On that night tho burglary was committed, anil tho propel Ly was subsequently found in a welt close to whore Burns and Thompson were living. Burns' object was evident'y j to kavu pn.pe-m- in the- house, and break in audsteal ■ L that night. Jle (Mr. Wvnn) had some imi.ortant evidei.ee winch would prove the case, but at present ho would say nothing iurther. _ Kli/aneth Warne was then called, and upon being sworn, stated : 1 am the wile of Uenry Waine, of tho "Jielia=t Hotel," l'ii.,ees-street; my husband is the t.-ii-iiit of that house. Un Sunday moiiiiiig, oth June on coming down stairs 1 found that the house had been broken into ; it was about seven o'clock. The sash was thrown up, and held open by a piece of firewood ; the curtain was thrown back and the door of tho same room was for<-cd open. It had been lucked the night previously ; that door led into the i,as-a"e. Anybody coming in that way would get next do n- of the bar parlour. A key was left in tho door, which did not belong to; it. That door being open there was no further obstruction between that room and the bur. 1 bail seen that all was right between 11 and V> the night before. 1 can stale posij lively that the window was closed the night boioro,

hut not fastoned. Affer examining tho room I found tlio top forced off the chest of drawers which is in the bar parlour. One drawer, in which I kept cash, was drawn out, and from it the: vaiiou- articles had liceu taken. Papers, &c, were strewed all about tho floor. I identify tho things now shown as pi'opnrty that was in the draw tho night previously, with other things that are not here. I had a quantity of rupees. ] cannot say hinv many. I can swear to all the things now produced". I recognise the prisoners Thompson and Hums. I saw J!urns on the Satmday before the robbery. On the Saturday Hwiis came in and had some refreshment: he p-ifd for it. 1 d"u't think his left the house till seven in the ovening. 1 saw him at intervals sitting in the room. During-the iiftcTiinnu ),o clumped n CIO iiuto. To oblige me during the evening lie gave mo silver f'oi some, sovereigns. Unsaid he was near losing the £10 note, and took it from ;t side pocket, and asked for elianye, which J gave him. I took it from the cash box, which was'hroken open that night. He was in the parlour, and could see where: ] went to to get the change. It was after dark when he left. I. knew Thompson when he w;,s working for .Mr. Oni> ; ho has been in the habit of coming to mv house with Burns. By Lee: I changed a CIO note for Burns on Saturday, lie was stindinir by (he (able in the parI lour. There- was ,10 cue ,-lso in the parlour. When I I changed the note we were both in the parlour. 1 went t'i the drawer, took out. the cash box, put it on the table, and took from it the notes, and put the CM) with other notes in the: box, which I returned lo the ! drawer. There sir,; lour drawer* in the chest. The drawer opened was tiie top one: on tho left baud side. 1 will swear that I did not change that note over the counter, nor in (he bar. J can't sav what he! had k> drink during the time ho was in the house-, lie was takir- a little till day, but was not drunk ; 1 never stiw him to. By .Mr. "VVvim : When 1 took the cash box out anyone in I lie room could have seen what I had in the box. 1 had some quantity of money in the box, besides what I took out, there was more than £ 10. t can swear that I had between i'lll aud .CSO. JJy the prisoner Thompson: 1 should think I had not seen von fora week or two he , fore mv propel tv was stole"ii. 1 enquired of -Mr. Burns where vo'u were, and he said ho had left you shingling at Onehunga. ISv the lieiich : I give change frequently from that drawer. 1 am in the habit of doing «i". i cannot say whether I had done so on that Saturday before I changed JSurns's note. The parlour door was iiulookoiil'rom outside. It was the side parlour that had boon wrenched. People at the bar or counter could not see me taking ti-e easli tuix out 011 that Saturday. 1 heard 110 noise during the night. t'ouslahh- Meredith, sworn, stated : I am 11 Corporal in the Auckland Police Force. 1 recollect, the robbery at Mr. Warue's bouse diirin.' this month. In consequence of some information Uiad received, I made a search of the bouse in which ISurns resieles, on .Saturday last ; 1 made a first search on .June lllh. J 1 found one of the rupee-i in the bouse on that day. ■■ 1 can .-.wear to it. a; 1 marked it at the time. 1 found it in ii box in the bedroom occupied by UircuH-nt • ami .Mrs. Niolden. Hums was in the bouse the inoiniiig thai 1 I'nund it. Some lime niter ! I searched the well. The well is situated on die promises about live yards from the backdoor. The well wii, pivttv fulfof-wntor. there ua.sal.oul lO.n-l II feet vi' water. After bailiii',' it I w-nt down, ! and there discovered i)ie pi-.ip-riv pr.>.lined a:ri ] idem hied by Mrs. Warm , , a: the i>011..11: and round I the si.l-'s. lo'duod in Ihe brickwork, ev,..,, cue rupee, the cue i had found ill ihe l-00-n .iUA marked. M-,. j Warm- idoHtitied those uvli.-lcs as her pi-onei-1 v. \ By .Mr. Leo .—The search 1 made in Ih'al house on | the 1 Ith .luae, was the first search 1 ever made there. , The prisoner h::d been in the house, but was not j then as 1 bud pievioiisly locked him up. he was in j the house a lew minutes previously. Ii was beiw.-cn i 0 or tJa.in. when we made this search. 1 .-u.-.n- thai j this was the Ih-st time I had ever searched this house. 1 bad he.-,, „, the hon.-e the Sunday before. 1 suoar 1 did not search llie prisoner i'.urns. he was searched j in my presence by l.'onsiahle O'liaraou Ihat Sunday, i 1 do no! call I ha) bavin;,' scarcliod him myself, lie ! onlv se.irehed his poison, he did ne>t search boxe-. I or ' beddinc. There v.as som.-ihiic like LIT I found on him, but nothing of tlie property of Mrs. j AVal'lio. l!y }Jr. "Wyiin : 1 1.-ohVvo O'Jfnra iiil'iiialcd lo Ihe prisoner L tin is what the search was for. The prisoner Thompson was in ihe house. Thompson By the Bench : The house I searched was occupied by Thompson, Burns, Nieklen, Lovemenl, J'.mrna >>icklen and Maria jN'icklen. The premises are partly fenced in. The- well is one apparently in use. 1 did not examine the drawers that had been broken open in Princes-street. Constable O'Hara, sworn, stateil: I recollect the occui-ence of the robbery al Mr. Warne's house in rrinces-slreet. On .Suiitlsiy. sth instant, 1 received the information. 1 went in consequence to a house in Grey-stivet, with Constable Meredith. I found in the house I'tinis, IN'iekleH. Thompson ami the others: they were sitting in the back kitchen. That was between tho hours'of 7 and ■• p.m. I searched Burns and Thompson. 1 informed them thai they | were accused of the Belfast robbery. 1 f.uind nothing , on the 111 connected with that robbery. I searched I when: Burns slept, aud no win re else. I received no obstructi> n during my search. Kmiiia XiekU-nwns in the house. Emma Nieklen. sworn, stated : T recollect beins; in a house in Givy-slreet, when O'lTara came trul searched Burns and Thom]>son. I have heard of the rubbery in IVinees street, since- Ihell. It was on ,1 Sunday evening that Constable O'JJarawas then-. I know bulb Burns and Thompson. I'hev fxenerallv frapionted that house in Grey-street, for about lluvo weeks previous lo that. 1 recollect on the Saturday before 1 lie search, that Thompson was al home all day. I saw him several times-, t saw him with Burns at breakfiist between Kami 9, but not afler that. Thompson wtis at home nearly all dav. I heard Thompson and Uiirns talking in the kitchen on the Momlav or Tuesday afic-i- the- search, but 1 did not '■ hoar their words ;" I was in tho adjoining room. I did not hear anything said about a well. J! urns ' went out. Burns was out about five minutes. I heard the well lid open and shut again, lie brought nothing in with him. 1 beard nothing more alter he cam'- back. J By Mr. Lee: Uow T remembered that■ Thompson | was in the he.use the day named is because it was the day before the search. Jle v.asmostlv out throtcli the day. 1 saw Burns tome in, but not go out. iiui-es is only a lodger in the house. Tlie well spoken of is commonly used by the neighbours. By Mr. AVynn : I have not made any statement tlinl'l beard "Burns say that, he would put anvtbiii" down the well, but I bead him say that " 110' would do away with it," and afterwards be went out. i By the Bench : I remember that Bums was out on I the night of the robbery, his was out all day. I ! -.vent to bed at 10, be bad lint returned then. Thompson went out about 7 o'clock, and came home tipsey; j lie was not out after that. The Court then adjourned lill 2 o'clock. On its re-assembling, Mr. Lu; addressed the Court for 111-! defence of the prisoner Burns. lie said that the-Court bad b>oll asked to commit Bui 11s on (be evidence addiicr-d, bill Ibis was altogether insulliclent as it only went lc: show that certain goods, had been found in Ihe well of a house in which he 'J'h is well was ope.l to anyone: who (liose to use it, and although a rupee was found therein, and supposing this particular rupee were: identilied, there wa.s nothing to prove that it had over been in Burn's possession. The piisoiier Thompson on being asked if he hurt any witnesses to call, —said ho had not, and did not consider it necessary, as be had not beard a wont of evidence; that could implicate him. Mr. Wynn, for the prosecution, said—that fhe> evidence showed at the least, a .strong presumption ofuruilt.. The prisoner appeared to have been perfectly sober. Jle took m> refieshnu:nt, but changed a ten pound note, obviously for the purpose of discovering where Mrs. Warm; kept her cash-box. No attempt was made on any other part of tho premises exeopt the drawers that contained the cash. This was afterwards found in a well contiguous to the house wherein prisoner resided. No honest person could be supposed likely to bide money m a well. He re-retted that the house had not boon more thoroughly searched, when perhaps other criminatory proof might have been discovered. Burns had said to Thompson—" I'll do away with it," and immodiiitoly afterwards the sound "of shutting the coverof the'well was heard. The woman'.-* evidence, although clearly intended to .shield Thompson, was altogether against him, a.s Burn's had stated him to be away at dnehunga shingling, when the woman shewed him to have been at home;. Burns was committed for trial on the charge ; but Thompson was discharged for lack of evidence. j

Thomas Thompson, .Si.'n-ju Petor Uunis, Xicclen. ,T,,L I: a u .! ; ;o ;i , _\i,,ria and John L,oyuu.aii \v.- n! thc.-n charge-d with hurgUriouslv entoiing fru stce of .Mr. Willi , m sjwmton Laurie, and stealing therefrom certain epmntities of boots and ten. r,M Ml '' } V >' nn prosecuted. Mr. Lc-o defended Burns. Ihe other prisoners wore undefended. Umiel Mun:o sworn, stated that he was in charge ot Mr. Uuirie'sst.n-e in Durham street, immediately 1 ,!-'' l ',"",' S ■ N ' l ' Cuchi-aiicAs miction mart. 1-ivos in J Wellesley w:ls ltwolil . hy u . v ,;,.,. n , hc jii.y, and ac.onip.mie 1 them to Uie store, wlirte lie luiiiul a halof tin: zinc roof had been drawn iq, from whore it had boon nailed and thrown back, leaving an -mei-uno ciuitc- lu-'e enough for the entrance of a man. It was his uufv to soo the store eWd before- leaving. 11,; left, thestore ;ibui,t ■! o'cl.jck in tlie Hiieniooii, ho was the last person ln UlO place, and it wa.s then all right. Ho had ehai-gc- of tho key. 1 tad sold no boots or ten tej any person after the departure of Mr. Laurie, about 3 o'clock. Mr. W. S. Laurie said he resided in Upper Symond s street. His store is in Durham street, under the same roof as Mr. Joseph Cochrane".-, mart. Tho store was broken into on the night of bunday, the of-May. He examined llie premises oil the Monday illuming, and found tho ullicedoor, which i.s an inner door, broken open. Tin: eash-bux was broken open, the drawer ~f the com,tor wrenched oil', and all tlie papers scattered about. When he left Ihe store on' Saturday atloniuon, it wa.s all correct Oil exa.lliui.lsr tho promises on .Monday mornim-i missed a deposit receipt of the New Zealand Bank tor £000, six pair of men's elastic side hoots, double soled, imitation laced up the-front; two pairs of mon'c, 11-Ollt l.ieod boots, with hovelled edge-, clump soles, steel sprigs, h,;,-l plates, and brass eyo-let hole.; ; also or eight pounds eonunon bltick congeu ten. The deposit receipt has not been found. The tea was laken from u half-pound chesi, and was of a similar kind to that now produced. Judged by tho appearance of tho chest, that about six ox- "eight pounds had b.-cn taken .-ut. Tho boots: produced were exactly similar to tho.;e missed in mw: aud quality. Jle had examined the. dour, and found that if had been forced open wiih a ohUel, the maiks ctorres,ponding exactly with tlie .jaggvd edge* of the chisel now produced. by Mr. Lee. There weie <J8 pair of clastic Liclo boots in sl-.re, of which six wuro missing, and 17 pairs similar to the two pairs missed. Boot i with elastic sides wore not very common ji.M uow. .No one was in charge of the "stole, hem ,Satiirday evenmij till JMondtiy morning. The roof remained open during that time. Corporal Mereduh of the; armed police, said he knew llie prisoners. Allot them, with the exception of Thompson, who was then in custody, resided in (Sivy streel on June lllh. lie searched the house ! between. .} and li o'clock on tiiat morning. Found the chisel produced oil a bench in a room wneio Burns and John jSicklen were apparently asleep, l/ound tue bag of lea under the mattras.s at the loot 01 tho bed whore Loveman and -Mrs. Nioklen were sleepiiiif. 'I'm; woman said it was part of lOponmis/she had bought irolu Mrs. Rodliiiin, who Ku'-jis a stoic- at tho corner of Chapel unci f,»,K Mi-col-. Mho boots jirodueed iv.iu rolled ui> m liie swag owned to by Jsi.ii 11s as his own. Jhe other* we re in a Mt.oi-i kit, under a bench in a room u.vupu-d by liiiins and .John -\icklen. Another ]>air wen- it.und in ihe ptu-lour, under a sola, and were claimed by Hue:.a .Mciweii as her own. One pair were at 1 he lii-cpla. e, in lilt- kitche'i, as if placed th.-rc to dry. and another pair uuuer tin: bc-d where llui-ns was hing. Jo.-,-,.,i \.'iei,!eu was not in tho iiouso when it was searched. -Mr. L.iurie iib-nlilii-d all the boots as being like those he had lc st. J'atrick U'lliirra, a (-instable in the Auckland Awiie.l Tolice, eonliinieci tile Matemeiit of tho other const. ,l,le. M 1 s. Jane Jli.'diuan, store-keeper, proved that Maria -Niefile 11 wa.s in Ihe haUl ol binrng about hall'-a-pouiiel 01 lea Hum her every wceu, but never in 1 ag.i c|ua,iti.ies, and had last 'purchased it from her on'liio tola -May, v\ .iicii she kne-w by relereneo to her j.ass l-.oi.ii. Tho te.i now produced was not of so lino a cpidilv as tiiat she solu. Kiuiii.c said she waJ the daughter of the piisoiier Ai.ciia -Niekieii. I I,e boots ploUneed were t,.> her, alioul a iouiiight before tile Search, by 'J'liiiiiijison, wlio s.uci, •• \ 011 can have them, if they tit you." I |,ey weio uien new, aud had not been wo'iii. Thompson told her that ho had bought the 1..-.i i.t an auciioii, but cud not say what 1111011011. Joseph Niehleu had nol i>cc.-n living with her mother, tis man and wile, lor N or l J years. This cl'i.-e.'d tlie cse lor tlie piosc ration. Mr. J-.ee had nothing to urge for tho defence 01 Burns. 31r. Wyiui said the Jiou.-o in (irev-s.ieet was evidently tc den ol thieves, and tlie evidence so clearly brought home to, at h.asl, live of the prisoners, that the Bench could not do ol!i,:\vi.,e than send them for Iri.d on M.-vera. counts ol Ihe charge. The whole of tbem, with tile exec:, .1 LMI ol'Joseph Nieiiioii, were: accordingly remanded till Saturday, when they will be again brought up on a charge, of brcauiug into Ml. Joseph Cochrancu's. store.