POLICE COURT—Friday.

New Zealand Herald, Volume III, Issue 892, 22 September 1866, Page 6

POLICE COURT— Friday.

(Ueiore vr. norne anq. o. jrreece, x/sq., o. sjDBTTNKENNE6S. 'William Austin was charged with tliis offence and ordered to pay a fine of twenty shillings and costs or in, default to be imprisoned for forty-eight hours with hard labour. This being his third offence he received an additional seven days imprisonment.. breach of tee asms act. John McCleary, a sergeant in the Royal Artillery, was brought up charged by Mr. Commissioner Naughton, an officer appointed, to lay information under the Arms Act, with having on Or about the 26th of May IS6O, sold a cask containing "251'bs. of gunpowder without a licence thereby being guilty of a breach of the 28th clause of the Arms Acu, 1860, and of the Arms Acts Continuance Act. Mr. Beyeridge appeared on behalf of the Crown. Mr. McCormick nppeared for the defence. The prisoner pleaded not guilty . Mr. Naughton, Commissioner of Police, deposed : —I am an officer appointed to lay information under the Arms Act, 1860, and the Arms Act Continuance Act. I received information of a quantity of gun and blasting powder concealed in a whare at Albertland. I received information from a person named Plummer, in consequence of which I sent Constable Ternahan to Albertland to institute a search in the house of the informant's brother. When Ternahan ■ returned he brought a quantity of gunpowder with him, the same now lying in Court. It consists of rifle and blasting powder, I then laid an information against the'prisoner in consequence of which he wis apprehended. Cross-examined by Mr. McCormick : The informant Plummer, is now custody on charges of burglary, housebreaking, and larceny, committed during a period extending some months back. There sro two of Plumrner's brothers now living at Albertland, whose occupatioa 1 do not know. This crime first came to ■liglit in consequence of a quantity of gunpdwdei about, 81bs. weight, having been found in the informant's lodgings. The information was laid after the arrest of {he informant; the information was not given willingly by the informant but in answer to questions. Const. It. Ternahan, deposed : A few days ago I went up to Albertland and searched a house in the occupation of a man named Plummer, in which I found a quantity of gunpowder in three parcels, (parcels produced), the same now in Court. I assisted in the weighing of this one, which contains 6ibs.. of fine gunpowder, blasting powder, and the other two parcels of fine powder, weighing respectively Slbs, and 4j lbs. Frederick Plummer, deposed : I lately resided at Albertland with my brother. I was residing in Edwardse-street, Auckland, in the month of May last. I was acquainted with the prisoner, who also resided in Jifdwardes-street at the time. lie is a sergeant in the Royal Artillery, During the month of May I had dealings with the prisoner. I. bought -libs, from him, a quantity of tools and gunpowder of two kinds—one coarse blasting powder, and the other fit for fowling purposes. The powder was in two kegs but I did not weigh it. The kegs appeared to be full when I received them. The' Kegs measure between 18 inches and 2 feet in height. I noticed an ink is arc. on the top of : them, but I did. not know what it signified. The powder eventually got to Albertland where I removed it out ofthekegs, and tied a portion of it into packages. The 61 b. package of coarse powder now produced is one of them, the packages containing Slbs. of fine powder is another. I cannot swear to the' other package, but if it was found with the others it was mine. I came to Auckland from Albertland about a month ago, leaving two of the packages which I have identified in niy brother's house. Cross-examined by Mr. McCormick : I bought a horse from the, prisoner which I afterwards returned. I gave him a promissory note in payment for the horso. He gave me a bridle in consideration of my returning him the horse, and I then gave him an order for it. I did not swear that I would be revenged upon him for compelling me to return, the horse. I bought the powder in a kind of yard close to his house. J think his wife was present during the transaction, but am not quite sure. Mr. McCormick, in addressing the Bench, for the. defence, said it was necessary every person should know the law under which he lives. (The learned gentleman then read the clause of the Arms Act under which the information was laid.) Ignorance of the law was no excuse for the commission of crime ; but he would submit that the punishment prescribed by this Arms Act was most extraordinary. A person might come out here, and, being unacquainted with the law, present a friend with a revolver, by which he would render himsblf liable tO.imprisonment for three years.' He would draw ■ the attention of the : Bench to another point. The whole of the evidence rested on IJje statement of one witness— a wi.tne.ss stood changed with having com;jfjjtted burglaries, larcenies, ' ancjL housebreaking wholesale ; it was on the evidence of such a person that the Bonol) was asked to poramit the prisoner. If the evidence of sueh a man were to be received, any worthless creature might bring charges against a person of the utmost respectability. The prisoner had pretended to be an unwilling witness, but it was his interest to be otherwise, and. no doubt he was fully alive to his own interests j . and besides this, he had evidently been influenced by malice against the prisoner. Then, the informant .had mentioned in his evidence that there was a third party who had witnessed the sale of the gunpowder — namely, the prisoner's wife,— well Knowing that a wife could not give evidence against her husband. Mr. Brookfield then said that if there was : sufficient evidence to commit the prisoner on ;his charge, he would reserve the second. The prisoner was then fully committed to take lis trial at the next criminal sittings of the Su)remo Court, bail, being allowed himself in £300 ■ tnd two others of £150 each. BOHGLARY. Fred. Plummer was then brought up charged : >y the Bern John Whewell» Wesleyaa Mioister, "i

with.having burglariously entered his dwelling. , house, in; Pitt-street, on .the sth September, and stolen therefrom, sundry articles, ..total, value about £'11. ■' Mr. Brook field for the prosecution. Prisoner pleaded not guilty. iter. Ji Whewell .deposed : I:am : a Wesleyan minister, residing in ; ' Pitt-street,. Auckland. I Was residing there on the stli of September. I retired to .bed on; that night at ; 8.15 p.m. Before going to bed I examined all tlie wiudows, doors, with., the exception of the study window. My reason for not examining the study .window; was, because I had fastened it on the previous night, aiid had been out: during the day... ,1 did not examine it, as X was, accustomed to do. In. going to bed I had no ■ doubt as to the safety of all the doors and windows; in the house. I rose about 7 on the following morning, and having ; dressed went into the study, und on entering I observed that the : window was partly opened, . and I missed the table cloth, yalue. .between £1 . I and £1 10s. I also missed an eieht-day clock from the mantelpiece, value about; \5 guineas ; also a portable writing-desk, containing valuable papers* Afterwards I missed an enema, value . £1, a box of drawing instruments, value 10s, a paper knife, value Is, four small pamphlets, ■ value about 6d, and a nail knife. These things were in my study on the previous night. I next saw the clock ■ at Mr. llick's, in Vulcan Lane. It is that now produced. I identify the case cf drawing instruments, enema, and the other articles now produced as my property, but.l cannot swear positively to the table cover. P. A. Hicks deposed: I iim a watchmaker: carrying On business, in Auckland.' Ot remember seeing the prisoner about six o'clock in the evening of September, the Btli, in my shop. He came for the purpose, of upon goods, namely, an eight-day clock, a case of drawing instruments, a revolver, and a watch. I recognise the case of instruments and other articles now produced as , some of those he offered. 1 asked him if he bought them from the last witness. William Crick, deposed: I am. a detective attached to the police. From information received I apprehended the prisoner on the night of the 11th September, on a charge of robbery, After being so charged by me, and cautioned in the usual way, he made a statement, informing me where I Could find the property that had been, stolen from Mr. Whe well's. In consequence of his statement I went to an unoccupied house in the; New North, Road, and with the key Which I found on his person. I opened tie doer. ; I found the table covers concealed between the roof ansl ; the ceiling, Afterwards I went to the prisoner's lodgings in Kdwardes-strcet, where I found the csse. containing the enema, one paper cutter, four pamphlets, and one nfiU-knife. T)>° dravyr ing instruments and the clock I received from Mr. flicks on the morning of the 20th.' '' '; i Cross-examined by the prisoner X found the table cover in the unoccupied Ijouse rer ferrcd to. The evidence having been read over, and the prisoner having been cautioned in the usual manner, he had nothing to Say, ANOTHER, CHARGE. The same prisoner was then charged' by John Shepherd with having burglariously entered his premises in the Cabbage-tree Swamp lload on the night of September 7, 1866; and stolen therefrom several articles to the value of £16 17s. Mr. Brookfiekl for the prosecution. John Shephei d deposed: I was residing : in. the Cabbage-Tree Swamp Road on the 7th and Bth of this, month. I know the prisoner. He has visited my house several times on business. I remember Friday, the 7th September. About 10 p:m. that night I retired to rest.' To the best of my knowledge the windows and doors were, all safe. I bolted the front door myself, but I did not fasten the back, door, though I am certain it was shut. There were two boxes at the foot of my bed, measuring about 2 f .tpef in length by li m depth. Tfiese were quife safe when; I retired to rest oil the night of the 7tl\. I arose before 6 on the following morning, and first noticed that the bedroom door had been Opened during the night, also that, a chair had been, removed from the position in which I left it, and placed along the: floor. I missed the two boxes I have already referred to I also missed; two ladies' work-boxes of different dimensions. G|n proceeding to the front door I found it had been unfastened, and I also niissecj some books and papers, which 'I Sufoequ'entljf found, on the ground outside. I also luissecj thp rifle, doublcrbarrelled gun, t'oqst rack, wr[ting ease, canister of powder, four silver table-spoons, two plated dessert-spoons, silver ! butter-knifo, plated mustard-spoon, gold, ring l , with ruby stone, now produced. There were other articles missing, which, have not; been : heard of. Most of the articles produced were in the two boxes referred to. I also lost £2 in cash- The total value of the property stolen from me would, be between £lq arid £24}. ■■■. : Johii Plannigan deposeij : I am. a boot shoemaker "residing in Edwardes-street. ' Tlig prisoner has lodged, at my house from time to time during the present year. He came there five weeks ago. I remember detective Crick coming to my house, last Tuesday night week, tip to which time the prisoner had lodged in my house. I pointed out the rooms which the prisoner occupied. . Detective Crick deposed : On the night of the 7th or Bth I received information that a robbery had been perpetrated in Mr. Shepherd's.house. In consequence of this information I apprehended the prisoner. On cautioning him in the Usual manner, he. offered to tell me where the property could be found. Erom. what he told me I proceeded to an unoccupied house on the New North Eoad, which I; opened with a key I found on the prisoner's person: I had also fbund on liis. person, in. addition to the key, a ladies' gold ring with ruby, which has since been identified by the prosecutor. In tlic Unoccupied house on' thd New North Eoad I found a double-barrel gun, a single-batrellecl rifle, and a papier iiiarhe writing case, concealed between the roof and the ceiling, I brought the articles into the police office. While in my custody the prisoner informed .me that he lodged in the house of a man named Flannigan, in Edwardes-street. I proceeded and searched the rooms occupied by the prisoner, where I found the boxes referred to by the prosecutor, and which X opened., by means of keys which I ha(s found on the person at' the prisoner. In one of them I found .the following articles (the witness, here enumerated several of the artioles which had been produced in Court, and sworn to by the prosecutor.) ■ . :> ' ■";> T'liig was the case for the prosecution,The Court then adjourned for half an hour. . Onlhe're-openingofthe court, 'Mr. Brookfield .said thdi,'having already substantiated two' charges against the prisoner," it iyoul4 b& unnecessary to proceed with ,the other charges against him, .The prisoner was then committed to take his trial at the next criminal sittings of the Supreme Court on charges of' burglary and housebreaking. This concluded the business.