SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume II, Issue 494, 13 June 1865, Page 5

SUPREME COURT.—Criminal Sittings.

MONDAY, JUNE 12.

(Before His Honor 8 r G. A. Arney, Chief -Tuitice, and a Cowmen Jury.)

HIOT POST-OrFIOB BREAKING, AND ABBAUXT. Moses' Hartley, George Hartly, Patrick Wall Thomas Bowo, George Brown, and Frederick Wharton, were charged with riotously assembling, breaking into the Post-office at Mongonm, and assaulting a police constable. Mr. Wymf conducted the proieenhon on behalf of the Crown. ■ ~ .._,.„ Mr. Be-rtridge appteHJd far tMfi fnumie.

The, circumstances of this case were very few, and were fully proved. It appeared that on the 13th ol March tho prisoners had been given into custody by tho captain of an American whaler called the Rovonue, charged with deserting that ship. Tho prisoners complained that they had been illusod by thoir skipper, and demanded to be taken at once boforo a Magistrate. This was on Monday, and although a Magistrate sat on tho following day, at Mongonui, no explanation was given in the evidence for not bringing tho prisoners beforo a properly constituted tribunal. On tho Thursday, however, the prisoners broko out and committed the offence deposed to. Ir. should bo stated that it was the wish of tho defence to have called tho captain of the whaling ship, but he has left the colony. Tlie following facts w re adduced in evidence:— William Crick, sworn, examined, deposed : I am a police constable, stationed at Mongonui. T was stationed there on tho 13th March last. I know tho prisoners. They wore at that date in custody, at Mongonui. They were confinod in tho common gaol of Mongonui. They were charged with being deserters from the whaling ship Kovonuo. They wore confined in one coll. I had occasion to go to their cell. Thero was another prisoner with mo. On opening tho door, tho six prisoners now beforo tho Court, rushed out in a body, forcing tho prisoner who was with mo away from the doDr. They did so all at onco. Tiioy Jmado straight" for tho building usod as Post Office and Resident Magistrate's Court, which is about twenty yards from the lock-up. Thoy took with them some a antlings which had beon thiown down by a recent gale. Three of them I can swear took up scantlings. All six made for the window of the Post (dlice. Thoy broko it in with the scantlings. They broke it altogether, glass and frame. Four of them entered tho building, two remaining outside. Moses Hartioy was ono of tho two mon romaining outside, and I think AV'altor wan one. I went off to get assistance. I returned with native assistance. About ten minutes had elapsed I found all six men in possession of tho Post Office. I ran into my house, got my revolver and returned to the Post Olliee. The Maoris remained at tho bottom of the hill, between thirty and forty yards. I beckoned to them and they ce.me with mo. The prisoners were still in the Post Office. I rushed through the window which the}' had brokon in. I had u revolver in my hand, but not in sight. I was met by Patrick Wall. They wore in another apartment. Patrick Wall charged me with a bayonet. To tho Court: I was not in uniform at that time. Witness : They knew me to be the constable. I am the only one stationed there. This was on tho ICth. I had seen them daily between the 13th and the 16th. He, Wall, had a'carbino with a nayonet fixed, he said you if you come through there 1 will luuyou through with this bayonet. I was through the window at the time. Wall was in tho same room. Tho others were following up. The point of tho bayonet was two or three inches from mo at the "time He held tho carbine at tho " charge." I called on him to surrender and pointed my revolver at }um. I said that the first man who would refuse to surrender, 1 would blow his brains out. lledroppod (he carbine from its position and surrendered. They passed out of the building before me. They wanted me to go first, but t refused. Thoy passed out through the window and were arrested by the natives who were waiting outside to receive them. They did not. furthtr resist. The natives were armed with spears and other weapons. I was going into the building. I was anxious to keep the natives back, and I received a wound from one of the spears. I assisted in searching the prisoners. They were searched. The stocking with a store in it was taken fiom Moses Hartley. (1 his article was produced, it was an ordinary worsted stocking with a large stone of conical shape in tho foot.) I took this coir from Frederick Wharton, (coat produced). 'Die pockets are full of stones. The men wero put back in the " lock up." Cross-examined by Mr. Bevcridge : Tho prisoners wero not detained under any warrant. They were apprehended on a Monday, and this took placo on the Thursday following. 1 had no warrant for their detention. 1 did not require it. They asked to bo taken before a magistrate. They said they had been ill-used at sea There was a magistrate in tho Courthouse of Mongonui on the day following, viz., on Tuesday. They asked to be taken beforo n magistrate on the previous evening. 1 did not take them beforo the magistrate. I had no other pari, of my uniform on me than my cap. It was tho undress cap of the police force. " The same as worn bore. It is a blue cloth cap. It is a plain blue cloth cap. I do not see any people in civil life wearing anything of the kind. "1 he make is somewhat different. The crown is smaller than generally worn. A man might or might not know that it was"a policeman's cap. 1 was present when they broke out. I was about five yards. I did not see them lift the scantling. I did not see them coming actually out of the door. I can state that Mioses Hartley had somtling in his hand. I cannot say that George Hartley had scantling in his band. I did not see Patrick Wall wi'h any scjintliug in his hand. I did not sec anything in the hands of Thomas Bowe. I did not seen anything in the hands of George Brown. Those men were inside. Wharton was the second man outside. I spoke to Moees Hartley before going for assistance. Ho was breaking the windows in with the scantling. I saw all six men going to the post office. I saw them break the windows but I did not 6co themi commence. I diet not see four of tho men go in. They had all got in when I reached the window. I was fivo or six yards from tho lock-up, «hen tho scuille broko out. 1 was prevented from seeing the door of tho lock-up by a corner of tho stockade. - eould do nothing" while they weio breaking tho windows. I was the only individual thero. I spoke to Moses Hartley to check it but he paid no attention to me. I was about ten minutes —certainly not exceeding a quarter of an hour looking for assistance. I brought ten or twelve Maoris. When I pr.sented the rcvolrer they surrendered. They attempted to chargo me with tho bayonet. I am quite suro the bayonet was raised in a threatening attitude. I" liavo not the slightest doubt it was intended fo strike, me with it. The prisoners were all alike. I will not swear that Gcorgo Hartley biolte the window. I cannot swear whether any one of them broko the window besides Mosos Hartley._ I can only speak positively to the acts of PatrickWall, mid Moses Hartley. I to-'.-k the stocking and stouo from Moses Har'ley. I took it out of his poc ket. Tho Maoris searched tho prisoners. The men were prisoners. I did not treat the men while (her were detained as desertirs, as prisoners. I did not treat them as prisoners until they broke out. Their rations were different. The lock-up is about twenty feetsquare. I will svear that, it is teu feet square, but 1 will not swear that it is twelve. 'I here v. ere eight prisoners in the "lock-up" at one time, between tho Monday and the Uhursday. I will swear that they got their rations—tho prison rations They were not rated as prisoners. Their rations wero a littlo better than those to prisoners who were at hard labour.

Kc-examined by Mr. Wynn : The cap I wore was tho usual police cap. I kept the key of tho " lockup." I visited the prisoners four or five times a day. I only saw Moses Hartley in tho net of breaking the windows. I had seen the window about half an hour before. I saw the men nulling towards the window and heard a noise. It was a noiao of glass falling.

llenry Grover examined by Mr. Wynn ;—I am Postmaster at Mongonui. 1 know tho prisoners at the bur. I remember something happening at the Post-office. I had left the Post-office at one o'clock and locked the door. I went to dinnor. It was then in its usual state. Thero was a number of lei tors there. Then: was a clock there. In cousequence of inormation I received I ran out from my dinner. I w»s then about 20 y-rds from tho Post-office. I went direct to the Post-office. I found one of the windows entirely gone, sash and all I found two men there whom i believe to havo been the two Hartleys, and the constable. They wore standing close to the porch of the Post Oliice. Both had billets of wood in their hands. I heard some smashing—a great noi-e ins-idc a3 of tables aud things turned over. I spoke to tho men outside. I told them not to break in the place. They immediately turned upon me, raising the pieces of wood and exclaiming "you you are bribed." I told the constable to run for assistance. The constable wei.t for assistance. In about a minuto or a minute and a-half all the men came out. took to the right hand towards a public house. The constable hat gone the other wuy. I went into my house and armed myself. I subsequently went into tho office. 1 examined the state of the office. There was very little damage, but everything was in confusion. I saw the prisoners a^ain —one was trying to get into the "lock up." The others were standing round. They came back to the office again, and four of them went in, twv remaining outside

»*- [ )? J T intloWß - J lllin,c °"0 °f th ° Hartleys aid " Bring the keyu, you ,or I will smash your Lrams out," raising his stick. lam not quite sure what it wag. I could not givo them the key. I had not got it, Patrick Wall said something to me. These two men wont into the office Tho countable cumo with assistance. Tho constable went for his revolver, and having obtained it jumped through the window. I heard him call on the prisoners to surrender, which they did after a short time. When 1 entered the Post-office I found tho glass of the clock broke and the face sma-hed in. 'the scales for weighing tho lett'-rs was broken to pieces, a cliairwis lirokon up, and sov.-rid letters were torn up. Those scraps of letters produced are the remains of live letters. The other two were only torn in two or three places, a 7nap of the Northern portions of New Zealand was torn to pieces, also a book belonging to the office. The Post-office placards wero for the greatest part torn down. 1 mean tho "notice boards." Two windows inside wero also broken. Everything was thrown one on top of fio other. There were a nuMiber of stones and h. :;e pieces of wood lvin» about the office. ' ' °

Cro-s-exaininel by Mr. Bevoridge: The namo of the vessel was the Revenue She was an American vessel. I cannot Fay \vl ieh of the prisoners broke the window. I nannot eav which, ordered mo to bring the key. Tiioy wanleJ the key of the " lockup." It was locked. Tim constable's wif; (old mo sl'.o had locked it. They did not get into the lockup ; they were afterwards put up. Constable Quick re-examined by the Court: The prisoners broke out between one and two o'clock. His Honor having summed up, tho jury found all tho prisoners guilty, but rocornmended, them tj tho mercy of (lie Court. Mr. Beveridgo reminded His Honor that the prisoners had already been imprisoned for thrco months. His Honor in passing; sontonce said ho could not in considering the character of the olfenco and tho recommendation of the jury pass a merely nominal sentence. Tho scntenoo of the Court was that all the prisoners be each impri onod and kept to hard labour for the term of four calendar months. This taken with tho three months they had boen in prison, would bo equivalent to seven months' imprisonment for their ollenco. 110HHF.UY IX A. DWEI.LIXO. I'reihrick Levis, 35, was indicted for stealing from the General Camoron Hotel, Albert-street, 14 onepound notes, 1 live-pound note, 15 eavoroigns and hilf-sovereigns. Mr. Wvston conducted the prosecution on behalf of the Crown. Mr. Wynn defended tho prisoner. The following evidence was adduced for the prosecution :— Mr. David Henderson, examined, deposed : I am proprietor of the General Cameron Hotel, Albertstreet. 1 was at that house on tho 11th of May. I went away that day. I left a considerable sum of money there. (The witness enumerated tho items of property set out in tho indictment.) Thero were also live pounds in silver. I put it into a cash-box and plai.'ed it in a drawer in a chest of drawers. The eash-bo:c was not locked, hut the drawer was locked. I gave the key to my wife. I went on b arel ship fjoing down the coast. I returned on Sunday evening, the lltb. On my return I went to the drawer, ami found two half-sovereigns only in a corner of the cash-box. On the Monday morning Sergeant Molloy showed me some money. It. consisted of 11 onepnun.l nod's, 1 five-pound note, and lo sovereigns. Ido not know the number of one of these notes. I know several of the notes by appearance. This (notes produced) is n one-pound note of tho Bank of Auckland, and is torn ; this is a note of the Bank of Auckland —it is ulso torn in the centre, and turned down. Cross-examined : I have known tho prisoner four years bo tor. T have no money of his now. Thero is money in tho Bank of New Zealand which his wifo brought to mo to place in the bank. The amount is £53 some odd shillings. It was brought t me tht 'i ues.lay after ibis chargo was made. Tt was placed by me in the bank in the tiiimo of Biehd. Hopkins. I know that woman was living with the prisoner. The prisoner generally put. up at my house when ho came to town. I cannot'i'dentily the fivo pound noto The five pound note is on the Bunk of Zealand. 1 cannot swear that this is tho one I lost. The total amount left by me in the hou e o in notes and gold was £36 Ifls. I will not swear that was the exact amount. I swear within one pound that was the amount. Mrs. Margaret Henderson, sworn, snid : I am wife to the last witness. Ir. member the 11th of May. Mv husband gave me tho key of tho drawer in which the money was kept. It was in my possession up to twelve o'clock en Saturday. I then saw tbo money all right in the cash box. I had occasion to give my little boy the key of tho bed-room to fetc'.i n watch. '1 hat was a different business altogether. He di 1 not bring me back tho key. I heard u musical-box a-going in tho bed-room. I told the boy to bring mo the key. The boy brought me the key, and the boy followed him into'the kitchen. Prisoner handed mo a £i> note to take what ho owed me, saying that he was going heme. I said I would keep the note for him. I went into the bed-room subsequently to get change of a fivo pound noto and tho money was gone. Somo time afterwards the prisoner saw me crying. He said, " don't make such a noise about it, I will mako it up to you." He knew that I had lost the niei'.oy. 1 sent for Sergeant Molloy. Mr. Molloy searched the man who brousht 'up the music box which the prisoner had purchased of Mr. Lewisson. Prisoner remained in the house tho whole of that afternoon. I had no suspicion of him until towards evening. In the evening the prisoner said when a man is in drink he will do anything. I sent for Sergeant Molloy a second time. Sergeant Molloy came in, searched tho prisoner and took tho money from him. The monev consisted of a roll of notes and a handful of sovereigns. I know these two notes produced. Sergeant Molloy took the prisoner into custody. Prisoner came to the house at It o'clock on the Saturday, and he remained until he was taken into custody. Cross-examined by Mr. Wynn : I gave the five pound note to the prisoner because Sergeant Molloy told me he thought I should have to give it up. He said he was going for his money. 1 know Bridget Hopkins. Mic has been living with the prisoner two years. Sho is staying in 0"r house now. She came to the house on the Surdny night after the robbery, she brought £53. She gave it my husbsnd to keep for safety, and he thought it not safe to keep it in the house where there were so many people I have not received any money fn m Bridget Hopkins. She has not paid her account. Sergeant Molloy deposed fo being sent, for by Mrs. Henderson, and taking the prisoner into custody, and finding on his person the money produced. Mr. AVjim for the defence submitted to tho jury the facts that the prisoner did receive £30 from Henderson and Macfariane, the defective identification of the property stolen, the improbability of a man after th* commission of the robbery returning to the house, as the prisoner had done, and also different character in certain particulars of the money found on the prisoner from that which bad been stolen, and further that the same motive did not e ' .or tlio robbery which would be imputed hud the prisoner not been possessed of a very considerable amount ot money. Mr. ( harles Alexander, examined by Mr. \Y ynn : T am r ashier and accountant in the office of Messrs. Henderson and Maef,rlane. I know the prii oner. He had been some timein the employment of Messrs. Henderson and Macfariane. It was the Saturday before the prisoner was charged. I gave him six £•■> notes. I believe ir, was between twelve and one

° ''Cross-examined by Mr. Weston: I cannot say whether nil the nor.es were- on tho Bank of SSexv Zealand ; some were. Mr. Weston replied upon tho wholo case. Tho jurir after a short deliberation found tho prisoner guilty. , . His Honor in passing sentenco, expressed nis opinion that tho jury by their verdict had o.Jy discharged their duty to tho country, and ordered the prisoner to ho imprisoned and kept to hard labour for a period of two years. LAi:C :;sy. Robert Snmcden was inlictod for storing from Emma Wilson, a prayor book and a gold nu£, raluo £3 10s tho property of Emma WiUon. The prisoner pleaded guilty to the indictment. Thore was a second indictment against the prisoner for obtaining a pound from James Spry, by representing that ho was a tido waitor in the Customs, that he had nine pounds and want d a tenth to purchase a share in a yacht, which represonta.a m proved to be falso. , . The prisoner pleided gu ;l )y to this mdictnrnc ialso. ~ , Hi Hon i sentenced the pris mr tn 1.! n O iN)> mprisonment ior each offence, both BSiitin: s O run concurrent. . Too Court adji/arned at ton minutee past nvo-.