SUPREME COURT.

New Zealand Herald, Volume III, Issue 719, 5 March 1866, Page 6

SUPREME COURT.

Fbiday. (Before TT'*« Honor Sir Georpje Alfred Arney, Cliiel Justice.) His Honor took hiß seat at 10 o'clock. EMBEZZLEMENT. Richard «7. JFeltus arraigned in the dock, charged by Hidings and Dowden with embezzling whilst in their employment various sums of money, amounting to £12 83. 6d. Prisoner pleaded guilty. Mr. Beveridge, who appeared for the prisoner, said tliat he (the prisoner) expressed greiit regret at the crime for which ho lmd pleaded guilty. Whilst in tli« employment of Messrs. Hidings and "Dowden be had become respon<ible for some of his frieuds, and found himself called upon to pay certain sums of money for them, and he had gone to ITokitika with the hope of retrieving his position. The prisoner had hitheito borne a very good character, and he believed his friend, the Crown Prosecutor, was prepjred to »Bk his Honor to pass upon him as light a sentenco as was compatible with the offence. Hie Honor said that perhaps it would be advisable to postpone passing sentence upon the prisoner until Monday next, when affidavits as to character might be produced. BREACH or TEUST. Bernard M'laughlin was arraigned in the dock, charged "by John Robert Griffin with the above offence, by converting to his own use iwo cheque?, of the amounts respectively of £G0 aud £G, which had been given into his charge to bo handed to J. B. Davy, of Auckland. The p.isoner pleaded not guilty. Tn consequence of n statement made by the prisoner to the Court, to the effect that he had been on a sick bed for the last six we- ks, nnd whb then liArdly able to stand in the dock, his Honor postpt ned his trial nntil this day, if able to attend, and if not for a further period. rORGEKT AND UTTKMNG. Siep/iett Home appeared charged by John Butt, of the firm of Butt and Anderson, with forging eertnin receipts or certificates, purporting to show that he had delivered vnnous loads at the breakwater. There were four separate charges against the prisoner, to all of which he pleaded not gu'lty. This case was fixed to come on first thing this morning, IICfcSB STEALING. Joseph Falkncr, n native, appeared charged by W. Hikaro, a native, with stealing a gelding, the property of the prisoner. Mr. Wynn appeared for the prisoner Mr. J. W. Preeee was sworn in as interpreter. The Crown Prosecutor, Mr. Brookfield, having opened the case, ca led W. Bibiro. Wiremu Hikaro, being duly sworn, deposed as as follows: I am a member of the Aiawa tribe. Bemember being at Teko. I left there 011 the 21-t October, 1865, and returned to the Awa-a-te-atun, arriving there on the same day. I had a gelding wi.h me at the time. It was in charge of another nativo. I last siw the horse about the middle of the day on the 22nd. I know the prisoner and saw him on that day. We were all l>ving together. Isext morning the prisoner was gone. On the 30th December, 1 heard that the horse was at Tauranga. After losing it the man who was in charge of it went to look for it. When X heard that the horse was at Tauranga, I went to Mr. Nesbit, the Resident Magi?trato°of Maketu, and in sis or seven dayß after I saw the horse there. It was in the possession of Mr. Caldicott. By Mr. Wynn : I was in possession of two horses at this time. I got it off another native. I do not know how old it was. I am not able to auswoc tluit question. George Caldicott, deposed as follows : I am a lientenant in the 6Stli regiment. X was stationed at Maketu in tho month of October. I know the prisoner at the bar, he brought me a horaO about tho end of that month. He sold me the horse for £8. The horse remained in my possession for about three months. The pri?oner said was a loot horse from Te Tako, he brought mo wo to choose from. Tho horse was subsequently claimed on tho race course at Tauranga, and a few days after the last witness came to me about it. The hors.e was afterwards produced ftt the Police Court. T handed it over to a police constable. By Mr. Wynn: A pa had just been taken at Te Tako. John Flannigan, a police constable, deposed that he had received a horse from the last witness in January last. It was a light bay gelding with black points, and was claimed by Hikaro as his property. This concluded the case for the prosecution. There were two other witnesses bound over who did not appear, their names were called over and they forfeited their recognizances. ' Mr. Wynn, for the defence, contended that the horse had not been identified, the owner and the witness differed in their description of tho animal. His Honor addressed the jury at some length, remarking particularly on tho different descriptions given of the horse, and also relative to the fact that the country was in a disturbed Btate at the time, and therefore there was some ground for believing that the animal ►old by the pri-oner had been what was termed a "loot" !)■ rse. The jury, without retiring, returned a Terdict of not guilty. Mr. Brookfield remarked that there was a second charge against the same prisoner for horse-stealing, hut he was not prepared to go on with it just then. TBUB BILLS. The Grand Jury returned true bills Hgainst Joseph Falkner for horse-stealmg; and James fctack, for murder —three different charges. This concluded the business cf the Grand Jury, as far as regards the present criminal calendar, and his Honor dismissed them until Mondaj-, the 12th inst when the native cases would come before them for consideration, LAI'.CEKY. William Curry, alias William Cullen, and Henry Surston, were arraigned in the dock, charged with having stolen five bars of iron, the property of ono Thomas Russell, Prisoners pleaded not guilty. - Mr. Brookfield briefly opened the case, and said that since the prisoners had been committed for trial another person had stated that he was the real offender, and had stolen the iron from time to time from Mr. Eußiell's premises, and sold it to tho prisoners. Mr. Wynn for the prisoners. Thomas Russell deposed : I am a merchant, rcniding in Custom-house-street, Auckland. I had a quantity of iron in my store in tho month of J'ecemher last, which I could identify: I missed a portion of it in the month <if J>ecember. I know a person of the name of Hawkeswood. I was at his foundry m and noticcd there two bars of iron belonging to me. One of tho bars had my inifaals on it; the other was marked E B. The bars cf iron produced are those in question. In consequence of some conversation I had with Mr. Hawkeswood, I ■went down to the shop of the prisoner, Wm. Currv where I recognised three more bars of iron belonging WrfV T 67 Tr,? ™ arked with tho manufacturer's . S?"" y ° ut ' and told him the iron waa_my property. Be answered that he had bought it of a man named Mack. He did not seem to know anything at all about the man except his name. Curry said that they had paid 2d. per lb. for the "f° n -. ? not at th e time sold any iron of the description to a man named Mack. The value of tho iron would be £3 or £i. J can swear that I never •old the iron found at Mr. Hawkeswood's, and also at the premises of the prisoner. By Mr. Wynn : I cannot say when I saw the iion last on my premisea. I might have sold one hundred bars of the iron branded MWfiO. I know I did not sell these particular bars because I did not sell any to the prisoners. Bars of iron do not change hands usually after X sell them. - 80me further cross-examination, ■ VM ? £ O 7 U F geß , ted t0 the Crown Prosecutor the ' advisability of abandoning the case, as be could not : •dnse the jury to find the prisoners guilty on such ] imperfect evidence. & J 3 I> " ) . 3ecu tor having signified his acquies- 1 •noe.lus Honor directed the jury to return a verdict 3 of not guilty, which was done accordingly, and the prisoners were discharged. t „ The Court here adjourned for an hour. - LARCENY. < __ John Enwright appeared charged by ene G-erge c SuJJie with having stolen two cheques, £2 in bank notes, and a pocket-book; * Prisoner pleaded not gfuilty. ? George Baillie deposed as follows : I am a laborer 1 In tfa« month of December 2ml I wrs at WJiatawhota, e

I remember the 12th of that month. X was in possession on that day of a porte-monie, which I had in my jijoclci t. I saw the prisoner both in the morning and afternoon of that day. I saw him in (he after noon botwer n five and six. In tho morning I saw him several times. I missed the pocket-book between live and six. A few minutes before that time I felt it safe in my pocket. X saw the prisoner close to ino going out of the door of the wharo just be/ore I f missed tho pocket-book. The cheques wore inside ' tho pocket-book. About ten minutes after I missed 1 the articles the prisoner was searched, and tho p*>cketbook containing some of the articles I misled were found upon him. The articles wero produced at tho i Resident Magistrate's Court, Whatawhata, and were identified by me. Cross-examined by prisoner: There wero some persons in the whare with mo. Sergeant Wolsh was in the bed with mo in the afternoon. Several other 1 persons enmo into tho wharo during tho afternoon. I was not c 1 ink. Serp If. Moore, on oath, sajth: I am a sergeant i:t tho 40th Regiment. Tho prisoner is a private in the saino Regiment. In consequence of inf i iiiation received, I searched tho prisoner on tho 12ih December, and found upon his person a watch and chain, up icket-book, and a shilling. Tho pocket book I found in hi» breast pocket. The prosecutor in tho presence of tho prisoner identified the pocket book as his property, subsequently at tho Resident Magisirato'B Court. Tho prisoner made a statemont after the 'rial to tho effect that he found the articles upon hio bed, where the prosecutor and Sergeant Welsh had been lying. Cross-examined by prisoner: Sergeant Welsh was in my company when you came to too him. Wo wero in the cinteen. I paid for some drink in the canteen, but did not take any into the whale. This was tho c:»se for tho prosecution. Tho prisoner in his defence said that he had taken the articles for safety, thinking tlioy belonged to Sergeant Welsh who was lying drunk in tho whare. The prisoner also handed a written statement to his Honor, which his Honor read to tho jury. Tho prisoner then called Patrick O'Toole as witness for the defence, who stated that the prisoner before he was searched statod that he had a watch belonging to Sergeant Welsh in his possession. In answer to his Honor, witness said that ho had known tho prisoner for about -1 years. Patrick Collins deponed that lie had seen the prosecutor in bed with Sergeant Welsh, in the whare, on tho day in qne-tion. Mr. Hrookfield briefly addressed the .jury, remarking that if there was any truth in the prisoner's statement, ho thould liavo called r-'crgeant Welsh here This ho had neglected to do which looked very much j as if tho prisoner kuew that ho would not corrobj- ' rate it. His Honor in addressing the jury said thatthecase came bcfo t o them under very peculiar circumstances, none of tho articles alleged to havo been stolen had been sent down from the Resident Magistrate's t'cTurt at Whata Whata, strange to say too, tho cheques named in the indictment were not found uponj tho prisoner although two others which it is said accompanied them were. The jury retired to con-itler their verdict, and after an absence of about fifteen minutes returned into Court with a vcrdict of guilty of having stolen the pocket- book. The prisoner was sentenced to six calendar months' imprisonment with hard labor. LARCENY. I Tcter I'lynn, a soldier attached to the Military Train, was arraigned in tho dock charged by Lewis W. Fisher, with stealing various articles from his trunk on tho 9th .Tanuary last. Lewis Walter Fisher, deposed : I am a Captain in tho -10th Kegt- Immediately prior to January of this year, I was stationed at To Awamutu. I received orders to come down to Penrose. I left my baggage behind to be forwarled to Penrose, and when it arrived I missed from it seven Crimean shirts, two table-cloths, and various other articles. 'Ihe articles were in my possession before any luggage started by To Awamutu. Tho table-cloth produced is my property and ono of those Btolen from my portmanteau. I havo received no other portion of the property which was stolen, and the value of which would he about £10. By the Prisoner : I do not know that any of Iho Transport Corps had access to t''io baggage besides the Military Train men. I do rot tnow which corps brought the baygage from Papakura to Peurose. Isaac Riley, deposed : I am a privato in the 40th Regt, and servant to Captain Fisher. I remember being directed to pack up Captain Fi.-her's baggage. I did so, and ctmi down in charge of it. The prisoner was one of tho convoy from the Queen's Redoubt to Papak\ira. He was not driving tho dray on which Captain Fisher's luggage was placcd. On arriving at Papakura, I unloaded tho luggage and put it od ono of tho Transport Corps drays. It was quito safe at that time. The luggage started for Penrose about six o'clock tho following morning. It was lying in charge of a picquet tho previous night. I did not see tholuggago again after putting it in tho dray until it arrived at Penrose. Wheu it arrived it was in the same place on the dr'iy, but it had been broken open. [Witness here described the articles that had beeu tuken outot tKo trunk.] I am 6ure all the articles wero in the trunk when it left To Awaiuutu. When I saw the box at it did not appear to have been broken open. I have since s' en the table-cloth now produced, which I identify as one of the articles that had been stolen. By the prisoner: When the luggage was at the Queen's Redoubt it was in mj- charge. There were some of Captain Fisher's things on your dray coming down from Papakura. You could not have taken any of the things out on tho road without my seeing it. I saw the trunk placed myself on tho dray at Papakura. William Walker deposed as follows: I nm proprietor of the Globe Hotel, Papakura. The prisoner came to my hotel on the sth January, with a tablecloth in his hand, which he wished mc to buy. I asked him where he got it, and he answered from ono of the Commissariat. That he was a married man, whom he had let havo some money, receiving this cloth in return. I asked the prisoner" what ho wanted for it, he said six or seven shillings, and I gavo him 6s. for it. The table eloth produced is the sume one. I looked but could not Bee any name on it. I afterwards handed tho tablo-cloth over to a police eonstablo, and identified tho prisoner whilst on parade at Papakura By the prisoner: When you sold me tho tablecloth you did not in any way try to conceal tho namo marked on it. You came about three o'clock in the afternoon. Mary Anne Grubb: I know the prisoner, and ramber seeing him at Papakura. He came to my house with a hag of clothes, containing gei.tlcmen's drawers, socks, &c. He had also a table-cloth with him, similar to the ono now produced. I did not see any name on it. The prisoner wanted to sell mc the things, and said they had been given to him by a man at the Queen's Radoubt, and that I need not be af<ud of buying them. This was a voluntary statement on the part, of the prisoner. I did not buy any of the articles. I had not seen tho prisoner previous to this. He was brought to my house two days after, and I identified him. Thomas McCaffery, a constable in the Auckland Armed Polico Force, stationed atPapr.kma, deposod that ho had been present when Mr. Walker had pointed out the prisoner on pirade, whom he had , then apprehended. The pruoner first said that ho had got tho things at the Queen's Redoubt, and afterwards that a militiaman at Papakura had given : them to him. He also said that ho tliould be able to find somoof the ajticles where ho had lolt them the night before. He pointed out a place but I found ■ nothing theie. j i his dosed tho case for tho prosecution, j The prisoner on being called on for his defence. , handed in a written stntameut, which his Honor read j to tho jury, a he coDtcnts of which were to tho effect I that the articles had been given to him by some of ( his comrados on the road down. The prisoner called tho following witnesses for the ! defence. ' _ Corporal James Davidson deponed : That ho was in i charge of the convoy between the Queen's Redoubt ' and Papakura. He had not seon the prisoner leave i his dray on tho road to go to any other drays. Had 1 not noticed liiin unload his diay at Papakura. Did t not believe the box could havo been opened on tho i road without his seeing it, j Hy Mr. Brookfield : When unloaded at Papakura t ;he baggago was taken in charge by a sergeant of the c transport Corps, and placed upon their drays. The c Irays were in charge of two men and a corporal. L'hore were six drays and the guard had also cliargo c >f th 6 Military Train horses. j Corporal Michael Connor deposed : That he was on t juard during tho night, the Transport baggage in c [ueetion wasat Papakura. Had seen no man of tho c military Train about the carts during tho night. Tho v Mtp wsi'fl within 10 or 18 yards of ths'gu&rd-rootH, I

By Mr. BrookCeld: I was not in chargo of tho basrgage, T w in charge merely of the stables.

' Corporal Henry Clements deposed that he had been with the piisonor at the Papakura Hotel on the ' night of tlio second January. Had asen him drinking 1 thero with two uien of the Transport Corps, who, on ■ returning to the barracks called him out. "Witness ! was in the prisoner's company at the time, and heard tho men nsk him if he would hare eome grog. Also heard tho mon say that they had somo things for sale, and saw them give tho piisoner a bag. Tlio men faid they wero married and did not want to ta.lto the things with them, and that the prisoner could sell them if he liked. By Mr. Brooiifield: This occurred about nine o'clock iu tlio evening. I have seen the men before. They wero both members of the Transport Corps. The men wore in amongst tho fern about 20 yaid« from the ban neks at tho lime they handed the tiling* to the prisoner. James Francis deposed that he had been in thePapj.-kui-A Hotol on tho evening of tho 2nd Jan. Had seen , the prisoner drinking with aomoTraneport Corps men About twenty minutes past nine had seen tho prisoner with these men. At this time they had a hag ill their possoSßion, and told the pri-oner that'lie could have tliom if he would give them some money for them. Had heard tho prisoner ask them to whom they bolonged and they answered that thoy were their own. By Mr. Brookfield : I was standing within live yards of tho men. X heard one man called Bartlntt. I do not know the other man's namo, but should be ablo to r- cognize him if I saw him. Mr. Brookfield briefly addresßed Iho jury, and his Honor having likewise dona so at snme length, the jury, nftir an interval of a few minutes, returned a verdict of not guilty. His Honor concurred with tho decision of thejury, and the Court adjourned at a quarter to six o'clock until 11 o'clock on Monday next.