POLICE COURT.—FRIDAY.

New Zealand Herald, Volume XVIII, Issue 6261, 10 December 1881, Page 5

POLICE COURT.—FRIDAY.

[Before J. E. Macdonald, Esq., R.M.] Larceny.—Alfred Cluce was arraigned on three charges of larceny:—l. Stealing a pair of earrings, ralue 4s, the property of Elizabeth Harvey. 2. Stealing £11 2s 3d from the dwelling of Gilbert Dobson. 3. Stealing a pawn-ticket, value 4s ; the property of Sarah Hadfield. Mr. Pardy asked for a remand, explaining that the robbery took place in a brothel. The case was remanded for a week. Bail was refused. Assault.—James MeFebridge was charged with assaulting Jane Hunter by striking her and knocking her down. He pleaded not guilty. The assault was committed last year, and if he promised not to interfere with the girl again the charge would be withdrawn. The defendant said he desired that the charge should be gone into. Mr. Pardy said the girl was not in a fit state of health to appear, and with the permission of the Court he would withdraw it. The oase was dismissed. Receiving Stolen Goods.—Robert Best was charged with receiving, on the 26th of November, from John Ormstein, two bags of sugar and two boxes of tea, value £5 3s, the property of A. H. Nathan, knowing the same to be stolen. Mr. Pardy said Mr. Nathan had been systematically robbed, and yesterday he obtained a search warrant and a portion of the stolen property was found in the prisoner's premises. Ho was remanded till Wednesday. Bail was refused. THE CHARGES AGAINST PLUMMER. Fred. Pluminer was again arraigned on the charge of sending a threatening letter to Dr. Philson, for the purpose of extorting money. Before the hearing of the caee Plummer said he had been misled by the gaoler and the Rev. Mr. Hamer, who told him the cases had been put back till Mon.

I day, and he had been ill with a cold, and he took advantage of the explanation, and had therefore not prepared the case. He would therefore ask to have it pnt back till Monday. Mr. Pardy objected to tho remand. The accused had every opportunity to prepate hie defence, and fifteen witnesses had been subprenaedforhim, who were all in attendance, as well as the witnesses for the prosecution. His Worship said his defence cmild not be prejudiced by hearing the case for the prosecution. The case must go on. There was no reason why it should not. Mr. Pardj again stated the facts of the case as previously recorded. Accused demanded the sum of £23S as compensation for alleged injuries, and threatening in the event of refusal death to some member of Dr. Philson's family if he did not take the money to the neighbourhood of the Harp of Erin Hotel. The doctor not complying, the accused then wrote again arranging to send a boy for the money, which he did. Mr. Pardy then detailed the circumstances at length. He produced the letters, also letters sent by the prisoner to Mr. Williams, his landlord, by the prisoner in respect to the purchase o£ some property. j Dr. Philson deposed that on the morning I of the 10th of October he received a letter j demanding money. He receired it in I the usual way -by post. (Letter produced, j and read by the Clerk of the Court.) In it he stated that he had come either for money or life, and either or both he would have. Witness treated the prisoner while he was I undergoing a sentence in Mount Eden ten years a£;o, but he had not seen him since his transfer to Dunedin. Ho had not treated him as stated in the letter, four years. Neither the prisoner nor any other person could have the slightest grounds for making such a demand on him as was made in that letter. He did not proceed to Newmarket as directed in the letter, but handed the letter over to the police. On the following day, at the request of the police, he caused an advertisement to be inserted in the Star, and then left the matter entirely in the hands of the police. On the morning of the 12th he received another letter, which he found on his table at the hospital (produced and read). The writer repeated the threats, and directed that the money and letters should be made up in a parcel and delivered to a boy whom he would send. A duplicate of this letter reached the witness in the usual way, by post, on the same morning. (Produced.) These letters he also handed over to the police. The advertisement in the Star, which the witness had caused to be inserted, was also put in evidence. It was :—" Personal.—Did not get letter in time yesterday. Yes.—A.B.C." The other letter produced he received from Mrs. Philson when he came home. It was:—"Please give bearer the A.B.C. parcel." Witness had a family residing with him, two daughters and a granddaughter. The effect was that his wife and family were very much alarmed, and they sent the granddaughter home to her mother in consequence. He though they were unreasonably alarmed. The prisoner was in good health when he went to Dunedin, and during the time he was in custody recently no request had been made for his attendance. By the prisoner : After receiving the letters his suspicion did not rest on a particular person. Of course, he cast about in his mind as to who the writer could be, as the charges were entirely unfounded. James Nash, hospital messenger, deposed that part of his duty was to bring letters from the post-office to the hospital, and to Dr. Philson's house, and he did so on the 10th and 12th of October last. Peter Peterson, night nurse at the hospital, deposed that during the night of the 11th of October, or rather about 2 o'clock in the morning, a letter was brought to the hospital, addressed to Dr. Fhilsou, and he left it at Dr. Philson's office in the hospital. He did not know the man who brought it. He had a long dark overcoat, buttoned up, and a hat pulled well down over his eyes. S. B. Biss, Chief Postmaster, Auckland provincial district, deposed, that two letters (A and C) passed through the Auckland office. Both were posted at Newton, and would be taken by Dr. Philson's messenger in the ordinary way. John Hawkes, a boy nine years of age, was examined as to the nature of an oath, and was sworn. He deposed that he lived with his parents on New North-road, and went to school at Graf ton-road. He recollected a man sending him with a letter to Dr. Philson's. The man met him at the corner of St. Sepulchre's Church, Kyber Pass-road, and asked him to take the letter, and he would give him 6d. Witness took the letter, and the man told him to be quick. He was to bring him a parcel. Witness gave the letter to a girl at Dr. Philson's, and got a parcel from a woman, which ho took back to the man who had given him the letter. He was still behind the trees where witness had left him when he went with the letter, and he walked down the road by the milliner's shop, where witness gave him the parcel. The men did not give him the 6d, but went through an opening of the fence, and got out of witness's sight. The next person he saw after the man got through the fence was Constable Jones, and he showed him which way the man had gone, and went with him in the same direction. He saw two girls on the hill. He had since seen the man at the police station, and identified the prisoner as the same man who had sent him with the letter. There were four other men with the prisoner when he identified him, but he did not know either of them. To prisoner: Constable Jones brought witness to the police station, and told him there was a person in the yard dressed in light clothes, and he wanted him to look at him. To the Bench : He told him to look at the man nearest the fence to see whether it was the man who had given him the letter. To prisoner : He came to the station on a second occasion. The prisoner submitted that the boy's evidence was of no value, thai; he had been literally stuffed by the police. The lad, in reply to the Bench, said he told Jones he was not sure the prisoner was the man. He did not know that prisoner was the man who gave him the letter, but thought he was the man to whom Jonee called his attention as the man with, the light clothes up against the fence at the station. Mr. Pardy said he was surprised at the boy's answer in the first instance, for he told him distinctly that morning that he did not know the man. Jones would altogether deny what had been stated by the boy. At this stage the prisoner asked that the witDeeses be ordered out of Court. Miss Ethel Philson recollected the boy bringing the letter on the 12th of October. She took it from him and gave it to her mother, who opened it. She identified the letter produced, which she selected from amongst the others, and she identified the boy. She did not see Mrs. Philson give the boy anything. To prisoner : It was Wednesday, the 12th of October, that the letter was brought. Mrs. Philson deposed to receiving the letter from her daughter. She spoke to the boy, and gave him a parcel. Constable Jones was in the house when the boy came, and she showed him the letter, and she gave it to Dr. Philson when he came in. Martha Kershaw, domestic servant at Dr. Philson's, remembered theletterbeingbrought on the 12th of October. She saw the letter and read it, but did not see Constable Jones when the letter was brought, nor did she see the boy, but after she saw the letter she went round the back in consequence. The boy and Jones had then gone, and Mrs. and Miss Philson were going out the gate. She saw the man near the top of Grafton-road, near the corner of a fence and behind it.' Mr. Pardy put in a plan showing Dr. Philson's house, the corner of Grafton-road and the gully. The witness had a clear riew to the corner of Grafton-road and Kyber Pass. The man ran towards the direction in which she was standing, and when he noticed her, he stopped running, but walked quickly « the direction of the gully, and turned round several times and looked at her. Ho disappeared in the gully, and she next saw i" m at the other side of the gully going in e direction of Mr. Glover's. He kept turning round and looking behind him. He tried to jump a fence, but could not do it, * nc ? *J? n went in amongst some pine trees in tne direction of Glover's, but she did not see him afterwards. She couJd sec Glovers place from where she stood. Te A^o t large gate to Glover's garden. *»?*&££ see ham near the gate, but she saw .NW and the boy come from the •»•»" **SffiS the prisoner. She told Jones foie £<™°\ he the prisoner went, and ho vent u gully after him. She man at the police-station, amongst of others, one of whom she t" ghe saw tified the prisoner as tno had aQ SyStt/t t WSS aUite tTnihehabitof To prisoner: . &b V letters, but she read reading her «"*«»•£££it was coming, this one because *e wewnad been able*

, ' i-f, him She explained she did not ldC " % b m when she first saw him at the tocf but she identified him when he passed >Hn "0 or 30 yards, and turned round to totoSk It her, to see whether she was watehinfcat?'Kelly, domestic servant, in the employ of Mr. Glover, Symonds-street, denied ■ Dr- rhilfon's house ra at one side £f the gully and Mr. Glover's at the other. On a Wednesday in October, she was not quite sure that it was the 12th, she saw a man come to the gate facing the gully. He tried it but could not open it, and lie tli-n went and opened the vegetable garden gate, and went throuch the garden and went through another gate into the yard at the back of the house, and thence into Symoiidsstreet round the corner of the. house. \\ itn«33 was standing at the kitchen door which opens to the back yard. The gate which he first tried to open led into the yard. Alt<-i----irards Constable Jones and the boy Hawkes came up in the same direction. They wen; about 3 minutes behind him. A couple oi days after ske saw the same man in the cemetery sitting down. She was sure it was the same man. ' She afterwards saw him in . the police station and recognised him am. I identified him amongst several others. She i identified the prisoner in the dock as the : same man. j To prisoner : It was after 12 ocloc-.; j when she saw the man come through the j yard. One of the gates was close to the I kitchen door, about three yards from it, ana that was the closest she .saw the man. S::c had never seen the man before she saw him trying to open the gate to get into the yar.i. There was no conversation passed between Jones and her before she went into the police yard and identified the prisoner. Constable Jones deposed that, on the 12*.ii of October, he went to Dr. PhiUon's residence, in consequence of a threatening letter' that had been sent to Dr. Phils.;:! He saw the boy Hawkes going away with the brown paper parcel from Dr. Philson'.s house, about a quarter-past four in the afternoon. Witness went out at the back door, and saw the boy running up Grafton-road. Witness r.iu after the boy, who was I.jO yards in front of him. The boy turned sharp round a milliners shop, at the corner of Kvber Pass and Graf ton-road, and _witness 'continued running after him. When he got round the corner, he saw the boy about five or six yards past the shop, on the Kyber Pass-road, towards Symoudsstreet. He saw do one else about, but the hoy had not the parcel then. Witness asked him where the parcel was, and he said he had given it to a man who had gone through the fence next the shop, and ran away. He pointed out the direction the man had run in, and wituees followed on after him, accompanied by the boy. Hesaw Martha Kershaw, who told him the man had gone through Glover's garden, and he followed to Glover's house and through to Symonds-street, but did not get sight of the "man at all. la reference to the statement of the boy as to what took place, the witness stated that the boy and his brother came to the station. There were four men in the yard. The boy and his brother were put into the yard to have a good look at the prisoner, as the boy was too short to look out of the upstairs window. Before he took them into the yard he had no conversation with them about identification, but afterwards when they left tiie station he had a conversation with young Hawkes, who told him he could not" identify any one there. Witness described to them man hy man, and referred to the man who was in the light suit next the wall. That was all that took place. The witness said the boy was half an idiot. It took two or three luinutes before he could make out from him in what direction the man had go-.io through the fence. Had he been a sharp boy he would have been through the fence in half a second, and have a chance of catching his man. (The prisoner reproved the witness for speaking so disrespectfully of the boy. There were expressions of applause, but the magistrate told them if that was repeated lie must interfere with their amusement, and turn them out.) Kate Kelly was re-c.illed, and questioned as to the "time she saw the prisoner go through Mr. Glover's yard. She said it was after 12 o'clock, but she could not go nearer to it. Mr. Pardy was the next witness. He produced a letter which he found in prisoner's house at the time of his arrest. (Letter read.) It was a letter from Mr. J. Williams, Victoria-street, to prisoner regarding a proposal by the latter to purchase a property. John T. Harper, house decorator, residing with Mr. Williams, tailor, Victoria-street, deposed that he had known the prisoner since the 13th of May. He took a house in Brown-street, Ponsonby, from Mr. Williams, witness's son in-law, and witness went there to work. Prisoner was then living there, and asked witness if Mr. Williams would sell the property, and he told prisoner Mr. Williams muht take £400 for it. They ■went on for some weeks, and at last he dropped a letter to Mr. Williams, offering £350 for it (letter produced). Witness got the letter from Mr. Williams, and wrote a reply in answer, the same letter produced by Mr. Pardy. To accused : He could not swear prisoner ■wrote the letter. Joseph Williams, tailor, Victoria-street, deposed accused had been his tenant about six months. He received a letter from prisoner, offering to buy his property in Ponsonby. He receivod it by post. It was signed by G. F. Bayley. Witness sent an answer to it (the same produced by Mr. Pardy), and received a reply to it (produced), signed by G. F. Bayley, through the post. Owen Mahon, drill-master, in the employ of the Board of Education, and secretary to the choir of St. Francis de Sales' Church, Newton, deposed that ho khew the prisoner by the name of G. Bayley or F. Bayley. He first saw him at the Catholic Church, Newton, at a choir practice. Something was said by Herr Schmitt. They had only four copies of the mass which they were practising, and witness said he might be able to get the parts copied. Bayley offered to copy some parts. Two days after witness gave him the manuscript, which he took away, and the music produced was returned to the Presbytery. He saw prisoner afterwards, but had no conversation with him. In cross-exami-nation he said he could not swear the prisoner wrote the music. Mr 3. M. Hastings, boarding-house keeper, Grey-street, deposed that prisoner lodged in her house in February last, and passed as Mr. Bayley. He used to play on the piano in the evening, and had one music-book (produced), which he left at her house. She believed this was the same book, but could not swear positively. He left it in charge of Mr. O'Burn, clarionet player. Prisoner called for the book on the 3rd of October, but she was from home. She afterwards gave the beok to Detective Jeffrey. Prisoner said it might interest the Court to know that the book had been the property of Cyrus Haley. Constable Strathern deposed that on the morning of the prisoner's arrest, he remarked on the way to the station that Jeffrey had a music-book of his. He thought Jeffrey had a good cheek to take his music-book out of Mrs. Hastings' house. Witness, in reply, said they had a music-book of his in the office. That was the book produced. Fredk. Battley, secretary of the New Zealand Loan and Mercantile Agency Company, deposed that he had been for nearly 20 years connected with banking institutions, and had great experience in comparing various handwritings. He had compared certain writings together, the letters written to Mr. Williams and the writing in the music book, and that in the sheet music put in by Air. Mahon, and was decidedly of opinion that they were all written by the same person, and was also decidedly of opinion that the three letters sent to Dr. Philson were written by the same person who wrote the music, and the letters sent to Mr. Williams, and signed by G-. F. Bayley. The letters were all written on paper of the same size and ruling, and bearing the same water-mark. The witness was cross-examined by the accased, as to how he arrived at the conclusion that the handwritings were the same. The Court then adjourned. 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