POLICE COURT.—Monday.

New Zealand Herald, Volume VII, Issue 2004, 21 June 1870, Page 4

POLICE COURT.— Monday .

(Before J. Naughton, E?q., iiml G. 1'- I'ieree, , Esq., J.l'.s.) J , DRr>TKEXNK33. I ( Jnmog Everv, Henry llopkinson, and James Kelly were loch fined ss. and costs, or to be imprisoned 21- lioure with hard labour. Jo'.in Francis, for u>eeonrl offence, wus fined 10j. and costs, or to be impri- >;ic 1 IS li.-.i:r* ; mid Mali i l.'an(l:tll and Hle:i Vr[,oiii, for tliinl olfence, were each fimo 1 nn-1 im-j, with seven clays' ndditioiin.l. VAGHANT ACT, lSli:!. George H. Shepherd was charged with having no visible nirans of support L'h-ade I guilty, nnrl was sentenced to imp month'.-" iinprisoiiiiu'iiL. DEDWOOI) IIIC.IIWAV KATES. Thomin Shove was charged with a breach of the Higways Aels, in neglecting to pay the -inn of CI lti-i. 5',d., hoing rates dm-on α-rlain properties in ihc'TVdwu.ul Highway Hi-'iict, for the year IsOO. Mr. ile-keth for complainant ; Mr. Wyiin for defendant. Mr. lleskelli put in evidence the Highways Art, I.S(i7, and th.< Owtte of August 21, IMS, and GirMte of April 5, ISG7, and the •Viiirndmeiit Act. of IS7O. Thomas .-hove called by Mr. Heskoth, deposed : I am sued for rates this morning ; I do not, owe them; 1 know Mr. Jenkins, the collector; lie npplied to mo for rate-", mid I told him I had paid them; 1 did oxe them at (■no time ; the lots specific I nre my property ; have onlv paid one year's rates y<'t ; that was in la.t August.; it- was 10s. 3d. 1 then paid ; that win for the whole of the properties mentioned in the information; have been applied to for another sum, but it is not due ; I told him the Board was illegally constituted ; he applied to me for a totul of £2 10s. ; I tyld him that I liad pail u portion of it. It win three or four weeks after this Unit I refused, because the Board was not legally constituted. Thomas Jenkins deposed: I am the complainanl in this rn<e, mid collector in the I>edwood Highway District. 1 called at the place of business of Mr. Show, and gave a notice paper, with the amount of nites. He told me he did not owe any arrears ; that he had paid tho rates and got a receipt. This was for the arrears for 1868. I asked him to show me the receipt, and I would take the year's rates for ISG'J. I afterwards applied for tho rates for ISoO, n« I found that the rules for ISGS had been paid. On the first occasion he told me his mine- was not on the assessment list ; on the latter occasion he again refused. I produce the assessment list for 1809, finally settled under the hand of the chairman. (Tendered iu evidence. Objected to by Mr. Wynn, who alleged that the name of defendant- wii3 not on it, the name there being "Shore" instead of "Shove." Mr. Hrsketh argued that tlic insessment list was onU priin.ifarie evidence, and he had proved liability from defendant's own mouth. The Bench overruled the objection.) Mr. Wynn further objected to the list as not being the original. Mr. llesketh argued that it. could not be the original that must, be produced, but the printed copy, inasmuch as it is enacted that the list is to be published in the (lasettr, posted up in places, Ac, to be amended, ultered, &c, to such extent as to be unreadable. The Bench decided fo receive Ihe Gazette in evidence, on the grounds that it did not state on Ihe list when the rate wis struck. F. J. Von Stunner, deposed : I was chairman of the Dcdwooil Highway Trustees. The list produced bears my signature as having been settled. It was'posted at the Suffolk Hot.-l for one month; the week after the mouth had expired, the objections were heard. This list is the assessment list for ISHO. I know Mr. Shove. This rate «os made on the second Tuesday in October. Bv Mr. Wynn: The original list was sent to the Government and not received bark : it has not been compared. This is the actual copy, approved and posted up, being signed by me as chairman. (The Bench now decided to receive the list in evidence.) This closed plaintilT's ease Thomas Shove deposed : I paid tlie rate to Mr. Douglas, collector, as per receipt, His .'id for the term Jan. Ist to Sept. 30th, ISfft, paid in July ISGO. To Mr. Hrsketh : I do not know that, this was the rate for 18C.S. I have been the owner of this property for six or seven years. (Letter put in by Mr Wynn, purporting to be from the Board, asking payment for 1570.) .Mr. Hcskcth argued that this was simply a mistake iu the receipt ; the rate then paid was for ISGS, that the rate for ISOO was not struck till the October of that year. Mr. Von Stunner recalled by Mr. Hesk,>th : This receipt was a blunder of the Board, from considering that they were striking a rate from October to October, in?tea I of its being retrospectiTc. The rate struck in October, 18IJ8, was for that year, and it was for this the receipt was given. Tho Bench Mated hat. as the receipt was given for ISO'.), and the chairman in his letter claimed for IS7O, they would d smissthe case. Another case, by same Board, against W. J. Fatcrson, for rates, was withdrawn. CHAUGi: OH FKAfDI'LEXT COX VKItsIO.V OF HILLS OF KXCIIANCE. George Hall was charged bv Joseph 11. Greville, with having, on the "7th of June, finudenlly converted two bills of exchange, each for tho sum of £07 HV. Mr. West on appeared for the pro.-eculirm ; Mr. IJcvcridge and Mr. Joy (instructed bv Mr. McGregor), appeared for the defence. Joseph Jlenrv Greville, deposed: I am a contractor residing in Auckland. On the Mill of Juno I possessed I wo hills (if exchange —those mentioned in the information. One lull was drawn by K. A. Whititki-, diil.-.l 7th June, on one Lundon, for O>7 Kls., parable one month after date, at I he liauk of Xcw Zealand, Shortland. The bill was clamped. If was endorsed by F. A. Whitakcr. Tho other bill was precisely the Mime, only it was payable at two months. It. was for tho same amount. On the 11th June they were in my possession and my property. 1 saw prisoner after the receipt of tho letter (produced) at Onehunga. He told me ho had seen Watson, and told me that he had iold him that he (Watson) was prepared to discount tho bills. 1 then camo into town with him. 1 gave him the bills for the purpose of having them discounted. On our arrival in town wo separated. I saw him again latf in Ihe day. lie told me Watson was busy and could not attend to the bills. 1 also saw him on the following day, and I asked him what lie was going to do about the bills. He was then alongside the Koyal Alfred. I asked him what, he had done with the bills I had given him the previous day. lie told me Watson would not discount them. I then asked him to return the bills. He refused to do so; he refused several tinus. He told me he would discount them at the Thames. Hγ had no interest in the bills. I said to him, 1 would not allow him to take the bills away. I told him they had only been given to him to bo discounted by Watson, and that, as he had failed to do so, I required them back. I told him if he persisted iu taking the bills to tlio Thames, 1 would proceed against him criminally. Both the bills were stamped. 1 piuv Whitaker and Lundou sign the bills. Cross-examined by Mr. Beveridge : I wasou great terms of intimacy with Mr. Hall for some years past. 1 sweiir I had bills of exchange signed by Messrs. Whitaker and Lundon. I purchased the forms in Auckland. L bought the stamps myself for the bids. I saw both signatures. They were granted for a building I was putting up for Mr. Lundou at Onehunga. The two bills were for only a very small portion of the contract for tho building. The prisoner had nothing whatever to do with the contract. He never paid the wages to the men. Ho lent me money to pay tho men's wages —one sum of £25, and one sum of £22. I have no doubt that, the amount 1 borrowed went to pay the men fur the completion of the contract. I have never paid it back. Tho prisoner was only to receive bis money back, aud not to

receive a portion of the profit on the contract T was to return the money when the contract was con hided. He !old me he was going to the Thames to discount the bills anil deduct the money I owed him. I swear that he refused to give them up. I said to him at the steamer, " If you are dubious about the money, keep one of the bills." He replied, " One would not be enough." He would have been satislied with the cash." I should certainly hive been f[iiite satisfied if he had hamlet! tho amount of the bill?, less his a'count to me. Ke-eximined by Mr. West on : The prisoner has no interest in the bills. The amount I owe the prisoner is £17. The bills of exchange were not in existence when the money was lent me bv the prisoner. By the Bench : There was no consent in writing or otherwise as to the time '.he prisoner was to discount the bills. This closed the case for the pro-ecution. Mr. Bcveridge said that as the ease for the prosecution hid closed, he expected his learned friend, Mr. Weston, would withdraw from the prosecution, as no case was made out against his client —of larceny. Mr. Weston, in reply, said that he strongly urged the Bunch to commit the prisoner for trial, as he n aintaincd a prhna facie case had been made out. Mr. Bcveridge here objected to his friend making one of his usually long speeches at this staze of'he proceedings. The Beru-h intimated that the deposition of the prosecutor should bj read over and signed. Mr. Joy very ably addressed the Bench for the defence, and said, that a more cruel case of prosecution had not come before the Court. It appeared from the evidence of the prosecutor that the prisoner had lent the prosecutor money to the amount of £17. and on another occasion a sum of £8, and for l ''at kindness the prosecutor had endeavoured '° place the prisoner in a common gnol. Was 't not natural that the prisoner should bold over the bills until he was paid the amount owing to him ? The prosecutor had dragged the prisoner from Shortland for the purpose of disgracing him, and it was done maliciously. Mr. Joy quoted from the last edition of " Iloscoe on Criminal Evidence, ISO'S,', maintaining that the prisoner charged on this information was not a. bailee under the Act. Mr. Jov, in conclusion, hoped the Bench would dismiss the case, and doing so would severely censure the prosecutor for his disgraceful piece of ingratitude as shown to the defendant. He would leave the case entirely in the hands of the Court, feeling coufident the Beneh would disinis9 it. The Bench in giving their decision said that they lur.l given this case their very careful consideration, but they failled to see that the prosecution had made out the charge of larceny, either fraudulently or by wrongful conversion, and although they would not attempt to censure the prosecution, as advised by the learned gentleman for the defence, they would dismiss the case. The Court then adjourned for fifteen minutes. THE WHOLESALE ROnBERV IN SHORTLANDSTEEET. Francis Falcon was charged by Henry Probert with having, during the last month, stolen aud taken away from his store, in Shortland-street, goods" to the value of between £50 and £100; and Joseph Smith was enlarged by the same prosecutor with having stolen ami"taken away from his store, within the last three mouths, goods to the value of about the same amount. Henry Proberl deposed : I carry on business iu Shortlaiul-street, as a general furnisher. Mv attention was drawn to my premises by my next door neighbour, Mr. Rayner, and I 'examined the premises in consequence. I found a considerable number of goods had gone, eliielW china. I had frequently missed goods before, and could not tell how they had gone. They had not been sold. I found foot marks over my fence, quite fresh, on the morning of the Stb instant. It is behind my premises, and about fourteen feet high. There is a kind of rails on the outside. It was upon there that, I found the footmarks. I then gave information to the police. On the arrival of the poli."I showed them the premises. Next day Detective Ternahan brought mo to the station, where I identified certain goods which I had lost, viz , china cups and saucers, earthenware. Those produced I identify as portions of them. There were ten or twelve dozen, which 1 identified on the IHh. I then went with Detective Ternahan to l>riimmond's, in Chanccry-ttreet. I discovered eighteen or nineteen ba-ins. similar to those produced, and which were brought to tho station. On Saturdav, the 11th, 1 lound there also half-a-dozen chairs similar to what I have lost. They were brou 'lit to the police station, bv the same "detective. produced are similar to those I lost. Went with Mr. Ternahan to Eliza Keaue's in Vineentstreet. Found there jugs, meat dishc, pie dishes, sauce turecr.s, wine glasses, china basin?, china plates, and a chamber, which I had onlv unpacked, being of a set yel unpacked in my place. I can swear to the chamber, ?auc tureen, butter bc.it and plates as my properlv. \\'e then went to Sarah Mills, in Market' Square. Found half-a-dozen cups and saucers, similar to what 1 had stolen ; they wrre brought to the station ; those pri_dueeci are the goods. There was also a lookingglass found, I don't recollect where. I identify the glass produced as like somo 1 have had stolen from my place ; it bears my private mark. I went with Mr. Ternahm"to the house of prisoner Falcon, off Chancery-street. Found a i-hnmh -r, wash basin, cups and saucers, jugs, and a large quantity of e»goups, and two images. i can swear to t": o chamin-r pioduccd, as I was obliged t> sell the set without it. The eggcups produced are similar to those so! 1 from my place, they have the paper on. I always take off the paper when I sell eggciips. I believe we got the swing glass produced next door or next door but one to prisoner's. We discovered the glasses produced at. Druiii'mind's, near the Supreme Court house. The stand c-f looking-glass produced was found in Druinmond's house in Chancery Lane; it is one of the stands belonging to the glasses found in Drunimond's Btore. 1 can swear to the six plates produced as found within this last, wci-k iu a place in Chancery Lane, next to Priimmond'*. 1 have not the slightest doubt whatever that all the goodsnroduecd are my property.and werestolen from niT place. The goods which the police have now in their han;!s belonging to me are valued about £33. I havelostconsiderably more. 1 hud a conversation with Falcon in the Police Station on the 13th inst. Mr. Ternal.au was present. He said he had purchased some things from me. I recollect that he had purchased a few shillings' worth of plates and mugs, which I left at his house. I said to him, being such a cripple, he must have had some one to help him to get over the fence. He said, yes, I know that. I had assumed, from what others had told mo, that he was the person who had robbed the house. To the Bench : I identify the chairs by the way iu which they are put together. Alexander Drummond deposed: I am a dealer in Chancery-street and at the Market in Queen-street. I know prisoner Falcon ; he lives about two hundred yards from me. 1 do lioL. know where Smith the prisoner lives. I hud dealings with Falcon lateiy in crockery, deir, chairs, looking glassej, two ibzen basins. He came to mj shop and told me a man had sen!, him some crockery to sell, and told me what sort they were. He told me to come up to the house to see them. I went. It is at the back of Chancery-street. I bought six. dozen cups and saucers, at 9s. a dozen. Those produced nre the same. I bought also two dozen basins, iive looking jjlasies with stands, half-dozen chairs. I identify them a 9 now produced. I bought (hem at two separate times. The first time wns about the loth of May. Tbe second time was near the end of May. The two prisoners brought the first lot to my house. 1 first saw Smith that morning, about eight o'clock. I gave the articlei up to Detective Ternahan.

To the Bench : Both prisoners were together in sellin<* the goods to me; Smith carried them, and I paid Falcon ; the latter was alone the second time. Eliza Kune deposed : I am the wife of Owen Kane, und reside in Vincent-street. I know prisoner Falcon ; he came to my house on the 26th or 271h of Hay. He said he would mate me a present of some furniture to furnish my place; he said he would send them h\ ?Jr. K.irpe:-.- the goods came; I identify" I'.'i-iu ;1 = ''"«' Induced :—a dozen ihiiiii cups and saucers, half-a-dozen dinner plates, and half-a-dozen desert plates, three jugs, half-a-dozen eggeu;'S, half-a-dozen wine-glasses, two basin?, tureen, and butter boat, chamber, six pie dishes, two images, and «ix china plates. I gave them up to Detective Temahau. C. F. Rayner deposed : I am a butcher in Shortland-strcet, next to Mr. Probert's. I reside on my premises. On the morning of the S'.h my wife awoke me up, and jumping up I anv'a light in Sir. Probert's window. When liressinjj I opened the window and saw a. man goin* down the lane between my shop and Mr. Probcrt's, airl towards the end ot it the light had disappeared. lie was a man that walkrd very much like the prisoner Kaleon, in the deformed way in which Falcon dor?. Detersive Terinhan deposed : I know the two prisoners. From inforiiiatim received I went to various places. From Drummond I received the goods produced, viz. : —Nine dozen cups and saucers, china ; two dozen and fire odd cups, china ; three dozen and two odd cup?, delf ; te:i odd eups; 23 basins, china ; five looking-glasses, witli stands, 6 cane-bottom chairs. From Eliza Kane those produced : —one dozen de'.f plates, 1 sauce tureen, one chamber, one dozen eups and saucers, half-dozen china plates, hilf-dozen eggcups, two china basins, three jugs, six piedishes, tno saucepans, one lialf-dozen wine glasses, one lustre teapot, two images, one look ing-glass. From prisoner's house I received the following produced : —Six delf cups and saucers, four jugs, five mugs, one dish, one wash-hand basin, two dozen and thre> eleven basins, two dimities, one lookmt;-g!ass and stand, two cane-bottomid chairs, one chamber. The house is one room, 10V feet by Hi feet. Prisoner Smith has been slopping with him. A person entering could not avoid seeing these goo;ls. There are no cupboards or hiding places in the room for them. I had a. conversation lust Holiday with Falcon, in presence of Mr. Probert. On apprehending prisoner I cautioned him. lie told me he did not do this all himself. On the 12th, after my caution, Falcon said that Smith had gone into the place ; that he cou'd not himself go over the wall. To the Bench : I heard Mr. Probert say in evidence that he had lost the articles now produced within the last three -months. rfmitU and Falcon have been living together during all this time up to the beginning of the present month. Falcon used the upstairs part and »le;it there, Smith slept below. It would be difficult for the prisoner above to do anything without the knowledge of the man below. To Falcon : You said th-.t Smith was the man that brought the pojds out for roil. This closed the case for tho prosecution. Remanded till to-morrow. The Court rose at a quarter to five.