MAGISTRATE'S COURT.-Wednesday.

New Zealand Herald, Volume I, Issue 197, 30 June 1864, Page 5

MAGISTRATE'S COURT.-Wednesday.

[iV'k'ii; Gishurne, Km|., (.'<'!«'licl cillery, .mil J. I'leere, l'.sq.] hisi'xk aki>s. Kmily Kii-liy mid John Wishart. wore fined -Os. and eoAs, i.r JS hour's inipi-is-i .1 Wishait was 111 lmmirht tip, charged with hu ;u ii of discipline en hoard tile ship ' lieserve, C'.iptain Jietts, :inil pleaded not gr.iltv. Mi'. AVVilli appealed tor tiie complainant ■, and stated that cilciiii.stal.ces had led tiie master to coiiieoi! shore, ami going into the Waitriiiata Hotel, he ieund tile mate with two or three oi liie clew, ami I', m. nr-Uati d with him on leaving: the siiiji without ;,„v tliß . ~11 ih ;.nl to take 'Mi' i 1 it in the liver, aim h.-'uow hreuuht him up under tile' -!- chiiir-.-of the Merchants Slsijij'il!!; Art, that the <Vmt miu'i.t deal summarily witli til- case «•» th.- charge of being ah-eiil from his ship without leave. 11.-i.rv l'..tts, 111■ iiilc sworn, d, ]».s. d:-I am master of the barque * now iu the I oil ot Auckland. ,lohu i-s tao mate ot the ship. Y»!e.-<l;iV 1 .«>v ship, ami came ashore. 1 left it last between 1 and ■> <> clock. M hell 1 It'll defendant was on hoard. i did not give him permission to conic ashore. He didn't ask permission I intended to return to my snip aoeiit 11 o clock, t

called on my way at the NYanou.uta Hotel. Queenstivct. I saw mv chief ollieer, second ollieer, stewav., and two of til'.- seamen, all drinking t'.gethc!;. 1 asked prisoner what business he had aside. ■■■" 111111 was ilit Din; in eharge ot the ship. W hen ' V 'i:V lT t<> tin; f-liip, tin. 1 ; M/cninl iiiiiio tit* 1 11 11 any «>iu; l>ut tmo <r;mKU ashore. 1 had lint given the second mate pel mission. Tlie Court was of opinion that a most grave elioint hail lieen committed in leaving his ship, and tlieulun.! senteneed him tit ten weeks imprisonment with hard labour. lUKC.l.Altlrs. Simon Peter Hums, Thompson, John T.oveman. John Nicklen, Joseph Xicklen, anil Maria Nickloii. were charge.l with the burglarv commiltetl on the premises of Mr. Joseph Coelirun'e, on the 22n.l .May, amongst the things stoli-n, was a box ot sham geld rings, and a iiu.ul.er ol' rings exact] v correspondin.; wilh these rings, were found on their persons, some they were found to he wearing, some were found 111 a well. The prisoners when taxed with stealhcI hem altered that they bought these rin-s ol' a i\ l'.utl.-r, who denied having ever sold them, andeui swear to having seen them on tlie pa-sulis of the prisoners. Joseph Cochrane, being sworn, deposed:—My stoie is at the em tier of Durham and (fiieon-street. (In the 22nd of May, it was broken into, fin the Sunday night my attention was drawn tr> the fact that my store was open. I (hen went round and examined tho plan', and found the place in great disorder, especially about the writing desks, the contents ot' wbieii were scattered about the tloor. I locked fur what might be most valuable, and missed some promis.-ory notes. 1 atterwards ascertained that a box of imitation gold rings was missing'; they were exactly similar to those 11 i\v produced. I bhould .-■•appose there would lie about a dozen of them. Tlu IV was also a watch mi-sing, and a chain. I believe a book similar to the one now produced was in my store, eoiTcspondingin title andsixe;to tho best of mv belief, that book is my property. It was disci -veil d that tho door between my place and Ml'. I.l.trie's was open, and that they had obtained access j thflt by getting over the partition division of my

store, from Mr. Laurie's, at the top of which thore w a small aperture. The bide next Mr. Laurie's its not lined, the timbers being left exposed, the persons entering must have clambercd up these timbers, and let themselves down by a rope on my side, the lopebeing suspended from the roof. It is a-strong i ope by which a person might let himseli' down. The front door was loft open. 15 y Mr. Lee:—Fnr tho prisoner Burns. Xt might have been a Tve-k since I hnvu seen the rings, when tV-y y.vic t.-.ken. 1 believe they were left in my •-'•"is t"i' siii". " v mii;,.- !•»•»«>n whom Ido not know. i i!'.' i ...at J examined had the same device and pattewi, :\s tli'>.~e new produced ; that was the only Ir'X i.i rings I had. 1 am in the habit of selling parcels of liooks in my auctions. 1 hadn't seen tho book produced for some w.el.s before it was -tolen. It is ii<>t possible tliat book could have been sold by me, in a pam ! of others as it is a book "hat would haw been sold l»v itself, or with some of a similar character.

By llr. Wynn :—I b< lieve the book was in. my >:.■>: • for my own private use. X have never sold that book.

liv the Bench :—The whole value of the articles might have been three pounds. Thomas heighten, sworn, deposed:—l am Mr. Coehrane's storenian Mid clerk. On the 21st I leifc thest ii e about six o'clock. There are two desks the >t 1 ri•. \\ hen 7 1";t the desks were sorted in th.- usual business way. On that . on the ."lunday moining 1 li<.- store was broken My altentiTJi was first called to tho burglary on* ilojidiiy i/inrpjng. When I left the store on Si>>.urc;a v evening the front door was fastened by > bitacross the the other small door at the side was There is a door connecting the witj.".Mr. Laurie's, that was locked too, left." '-J.'jy'ie was a rope hanging down from in'e ratters side of the partition; there was no. se.oh a *ope when I hit on Saturday evening. It is' part of my duty to see that everything s lelt I made an examination on M'iiuiay morning to S(|'o what had bee-i stolen, and I missed a quantity of rings that- hi.Ti iieen ina box, they were large imitation gold rings, these produced ale the same rings, there wi-tv a dozen, these are j.n ci.-ely tho same lings in ev.-ry lespect, they lit ttie box in the same manner as those stolen ; the pattern corresponds exactly and the engraving also. J had last seeu these rings on the Saturday night before they were stolen, they were in the desk. 1 believe these produced are the same lings. I li.ve never sold or seeu any like them, before. T missed also some playing cards ; 7 or $ packs wen? gone, of similar quality andd'-sign to those now produced. Mr. Cochrane had iti his store of the same character and title us t\e one now produced. It was not tor saie. j

Tlie cuse was here :ijjournal for the purpose of attending to (In! usual Ijiceiisiug meeting. I j>• >n thu Court again ;t>->L'iiii ilijiir, Constable Murphy being sworn, stated:—l am a constable of the Armed IVlire. 1 was on duty on the night of Sunday, May, in Queen-street. 1 know 3lr. Cociirane'sstoreat tin; cornerot 111 u htm a:id Que oil Streets. On the night reterred to, my attention was attracted by observing' the door open. It -was about a quarterpast nine. I shoved the dour a little wider open and entered, and struck a light. I searched the place for auyuiie who might be concealed, and found no one. J tound a hat, apparently anew one, burnt inside and covered with spots of caudle grease. I called another constable to stay there while I went and reported, the ease in the guaid-ruom. I did nothing to disturb any of the property in the premises.

Corporal .Meredith sworn, stated :—I know 'where the prisoners resided ; it was it C-irev-street. In conoi siuiiu lutbrmiition I received another robbery, 1 proceeded oil the lltll June to search the house. It was between live and six in ti.e morning:. I went with Constable O'Hara. We knocked at the door. It- was opened by Emma Niciileu. AVe went into the room where John Nickleii and Bums were in bed. We did not search, that i'"om nt that time. We arrested tile two upon another charge. Constable O'Hara searched John ISicklell in my presence. I saw him iind the purse produced, with threu rings in it, in his right haud breeches p icket, lie said they were given to him by Mrs. Butter who had taken them out of the well; he alluded to a next door n- The rings produced have been identified by .Mr. Cochrane as a portion of the property taken il'Otii ids premises On the night in ijuettion. I found another ill !1 box OU t mantle piece in the parlour of the same house. In the room occupied by tne prisoners Bums and Nicklen, in the socket ol a pair of trousers, 1 found another. .Alt the l ing's are precisely similar ill patteM and device. Ti.ey are imitation gold rillgS. In another room occupied by Loveman and Mrs. jN icklen, iu a box X found tlie four packs of cards now produced. In a box in the same room I found the book produced. This was all ttie property in connection with, this rubbery. Jiy the Bench:—l had been in the house on the •Sunday previous, but did not search it. The two pi isoners, .Burns and Thompson, were searched in my pie.-eiiee by Constable O'iiara en that day. Xothing was then tound oil them relating to this affair. The pair of trousers was net claimed by any of the prisoners. M rs. Butler being: sworn, stated : —My name is Ann Butler, wife of James Butler, who is a private in the Military Train. I reside in Grey-street, nest door to tlie house lately oeeupied by the prisoners. I know tiie prisoners by "sight. I recollect their being arrested. Before" their arrest I have seen one of the prisoners, John Aicklen, with a ring on his finger. It was a big thick ring. 1 think it was one similar to that now produced. Xieklen never spoke to me as to how lie got that ring. 1 have ;uways seen a ring on the linger of Burns ever since 1 lirst saw him,

1 <uI cannot say what kiiul oi' a ring. I have been inside their house. J diil one day sec 11 ring on the mantle piece ot the kitchen. I have never given Niekleu any iter sold one. Nor have! ever found one. i was never possessed of tliree lings similar to those now pioduced. r. Lee in defence of prisoner Bums thought ilie evidence would he found defective in connection wiiii iiim. Tile evidence could not bnngthe robbery home to him in any way whaiever. file only evidei.ee wa> that in tne pocket of a pair of trousers in the ru"in where hums slept, a ring was iiieri' is no evidence lo whom the trousers belonged, and iJiiins at the time the ioi.ni was sealed was ;iunv at the unald-1* 1 'in ill eustodv. r»-al therefore tile,;, was rvuilv no evidence- to .V.iviot Burns Of V• eillin any way implicated ai tho robber} ui :-T have not .-eeii anyone come forward to aec.se me vet. Jlv name has never been mentioned. 1 was not present when tin' house W<U> Mr. C \Vvnn remarked with to Joseph Nekit'ii tiiriv vms no eviduui' wlut.vver ag;unst mm, find, as i-ir w«* eoni'criieil might be at onco dis-cllL*'r.--Court observo.2 that there was no evidoncQ on which to con vie: Thomas Thompson and Joseph N icli lei I. but that ijimon Teter Burns, John bidden, Alalia Nickh-.ii and John Lovoman were committed Kir.mi Xicklen was also orderel to be dischorged. ,l'..M--.ih Miekleii on bc-inur discharged at once applied ;.)!• permission to iind bail lor liis mother, which, application was refused. , , ... Mr Wvnn observed that that last of these burglary* cases that he should bring tho I Court. J-~v-