SUPREME COURT. (criminal sittings.) December 1, 1849. Before Mr. Justice Chapman.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 453, 5 December 1849, Page 3

SUPREME COURT. (criminal sittings.) December 1, 1849. Before Mr. Justice Chapman.

1 he Court was opened with the usual formalities. William Bannon a private in the 65 tb regiment was indicted for having stolen a gold chain, two gold pins, and other articles the property of Captain Smith. The following witnesses were examined :—: — George M'Connell private 65th regiment sworn, I am servant to Captain Smith ; I was in his house on sth September, he was out ; about 8 o'clock I was in bed ; I heard a noise in my master's quarters and asked who it was ; not receiving anj answer I went down stairs ; I went to the kitchen door, it was closed and I got out of the kitchen window ; I saw some one going out of the yard ; I think it was the prisoner, he seemed to have on a shawl, and he had on a cap ; I did not see his face, I had no previous acquaintance with him ; when I was in the kitchen I saw the man go away ; the man at the bar, who is the one I saw at the police court, was to the best of my belief the man I law ; I went into tfe bed room and . saw two drawers broken open and the place in disorder ; I went to Captain Wolfe's but he was out, I then went to Mr. Gordon's, Captain Wolfe was there, I told him what had occurred, and they told me to retutn to ray master's quarters ; I then went back, I found a pistol case, and a lot of silver spoons and forks wrapped up in a napkin, they were at the door in the passage. The canteen was broken open and lying on the parlour floor, and its contents were lying about in confusion. Captain James Lewis Smith, 65 th regt. — I remember the evening of the sth September, I was dining with Captain Collinson ; Mr. Gordon of the 65th informed me, my house had been robbed. I proceeded borne with Mr. Gordon, I met Mr. M'Donogh near Te Aro church and we all three went to my house and went in at the front door, of which J had the key. I went into the sitting room where all was in confusion ; the canteen was broken open ; I found at the side of the room a mahogany pistol case and some forks and ■poons wrapped up ready to be carried away. I then went into my bed room. Two of the drawers were broken open ; in one of them I kept papers of valte, in the other trinkets ;

• I kept money in the drawer with (he papers ; two purses were lakeu, one containing £25. the other some silver ana five half rupees, the money was £14 in Union Bank notes, £8 m gold, and £3 in silver ; the purse produced is the one; 1 missed a gold chain, a brequet key, and two pins. The witness identified the property produced in Court as belonging to him. John Anderson, barman at Young's South Sea Hotel — I was ai Young's on the sth September, I remember a gold chain being offered to me for sale by the prisoner ; the chain produced is the one ; he asked to see me in a private room, I went into a roum, when he offered me the chain for £10 ; I informed Sergeant Hopwood of the Police. John Conroy, prirate 65th regt. — I remember being ordered to take a fatigue jacket and cap to the prisoner who was in confinement, I found two gold pins in the jacket ; I swear to the best of my belief those were the pins 1 found ; I gave the pins to Corporal O'Dounell. Cross-examined by the prisoner — I got the jacket as being yours. Examination continued — The prisoner took the jacket without objection and gave up his regimental coat. Other witnesses were called who proved the transfer of the pins to the adjutant. Henry Hopvrood, Sergeant of Police — The pins I produced I got from the adjutant in the orderly room ; in consequence of information I received I apprehended the prisoner, 1 took him to Young's where he was identified by Anderson ; I then took him to the Police Barracks, I searched him and found the brequet key and £6 19s. in gold and silver in a Mnall leather bag. The prisoner was found Guilty and sentenced to seven years transportation. Richard Rose, Henry Tucker, David Dennis, and Thomas Simpson, were indicted for having broken into the store of D. P. M'Eucn in Mulgrave- street, and having stolen therefrom 12 pairs of n oleskin trousers, 2 dozen regatta shirts, and other property belonging to the prosecutor. The Attorney-Geueral conducted the prosecution. Mr. Ross defended Simpson. Sergeant Hopwood produced sundry property named in the indictment. David Painter M'Euen, storekeeper, Mul-grave-street — On the llth of September at II p.m. i heard a^ noise, I got up, and found the back door was fast, the front door was aljo fast, I heard footsteps and asked "who's there ?" home one answered " the watchman," 1 knew it was not the watchman so I opened tiie door ; soon after thr^e men passed ; I saw nothing wrong and I went to bed again ; in morning I found one of the shutters had been removed aud a pane of glass broken, I also found a quantity of goods on the floor which had fallen down ; I missed some goods which had been 'aken out of the broken pane, 1 dozen pairs moleskin trousers, 2 dozen regatta shirts, 1 dozen blue Guernsey shirts ; I the property produced by Sergeant Hopwood was examined and sworn to by witness ; there are no other trousers of the kind in the market ; all the property was safe that night when I went to bed. Cross-examined by Mr. Ross — I went to the door, I remained a minute or two ; I subscribe to a private watchman, his beat is from my house to Munn's, and his hours from 10 till 4 ; I do oot know his name ; I have many articles in my shop like these ; I know the articles by marks on them, one shirt has no mark but the button corresponds ; I have sold similar ones, I cannot say whether the shirt is oue I have sold, or one stolen ; 1 have sold a packet of the trousers ; I have sold a dozen of the shirts. Wm. Thompson; I am a shipwright, but have been whaling ; I have been here three months; I know all the prisoners; I had borue conversation with Simpson at Young's ; it was Rose that first mentioned the robbery ; he said he had a deal of property, that it was near the burial ground concealed io the tomb ; we had some conversation near the 58th barracks ; he said — can't you sell some of these articles, won't you buy some; I mentioned to the constable before this that I thought a robbery had been committed ; Simpson said once he could uot stay longer, as he was afraid of the constables ; he said he would not play cards as he could get a pound easier ; this was at Young's ; Rose spoke to me three times about the property ; I also gave information to Mr. M'Donogh about the robbery ; I mentioned Rose and Simpson in particular. Cross-examined by Rose — 1 first saw you in Pimble's; I never slept at Simpson's; I did not inform the police the first time you told me ; I had not information enough ; you told me you had a deal of articles which were within 100 yards ; it was on the 13th inst. ; Ido uot remember the day I gave the information to Mr. M'Donogh or the Sergeant; the third time I saw you was on the 14th ; , I told Richardson on the 13th I thought a rqbperj bad bf en commixed,

The last witness was in custody at the time of piving his evidence. Henry Hopvoodi Sergeant of Ponce ; I searched the tombs round Simpson's hoiise, and also his house ; f found the bag contain* ing all the things ; it was 35? paces from Simpson's bouse ; in Simpson's house I found the two tickets produced ; I found the lour prisoners in Simpson's house, and took them into custody ; 1 knew Rose and Simpson before as living in the house ; the house is above the burial ground ; I found the tickets among some rubbish ; the house is Simpson's and Hose's. Cross-examined by Rose — I saw you a week before the robbery ; I meant that Simpson occupied the house for two months. Cross-examined by Mr. Ross — I found the things on Sunday, Sept. 16, at half-past 10; I did not then go into the house ; I look the things to the barracks ; no one was in the house when I went back ; I searched but only found the two tickets; I had taken the prisoners on Friday, the 14th ; I did not ]»ck up the bouse; ti tree is about the house; it is 100 yards irom the road side; the things could not be seen from the house, nor by any one unless they went for the purpose of seeing ; ihere are two large rooms and two small rooms like sheds ; you walk from the house into one. Mr. Ross submitted that there was no case for the jury against his client. His Honor said there was not sufficient evidence against Tucker and Dennis to go to the Jury. Sim} son, Tucker, and Dennis, were then discharged. The Jury after retiring a short time acquitted Rose, who was immediately apprehended on a warrant for being an escaped convict.