FOURTH DAY.—MAY 12, 1862.

Otago Daily Times, Issue 153, 13 May 1862, Page 5

FOURTH DAY.—MAY 12, 1862.

(Before His Honer Judge Gresson.) Hi 3 Honor took his seat oh the Bench at 10 o'clock.

BUKOI.ABY AT NORTH TAIERI.

Wro. Sinclair was indicted for stealing a cash-box and money, the property of John Jeffreys, at North Tnieri on* the 29th March. Prisoner pleaded Not Guilty. . ' , ■ Mr. Howorth, wit»h Mr. Dampier, prosecuted ; Mr. Prendergast defended the prisoner. John Jeffreys deposed that he kept the Races Hotel, pi North Taieri. Knew the prisoner. Had seen him |i the. races qn the 29t}i March. Prisoner.had a tooth on Vh'«laYe--course. Prisoner, stayed at his hotise'that t;ht. Was iii the 'kitchen when witness retired to A, between 10 and 11 o'clock. Prisoner sat iii a air, and witness could not induce him to go to bed. When witness went to be<d, he took his cash-box, contaffiJPS "ffiovfr £9'and a. silk haridkerchiefy anil placed it under his piijpw. \Yqs disturbed b.y tjie nojse of gome one ill the bed-room, and on listening, heard the dishes rattle, which were close to the bed-room door, leading into the kitchen. Got up as quietly as possi-^ ble, and heard & match struck in the kitchen, : Saw the light through the partition, nnd on gjing into the kitchen found it in darkness, and. heard ■■ Borne one at the back door. Called out, but got no answer. Went to the back door, and found someone ■on the ground there. It was the prisoner. Seized, him, and asked who lie was and what he was doing there. Prkouer then tried to get away, and in the struggle part of the coat Jap of the prisoner was torn off. Followed prisoner to the front door, but he got to the back door again, and got out before, witness could overtake him. Witness pursued him for about 30 yards, when prisoner fell down. Caught him, and 'then had a struggle, during which lie dropped the cash $jx'. Prisoner then sajd, "Now I'm done,?' Waj riot certain wjio' if was* until "he'spoke, bpfwas theji duite'ceHain who he was. "Said Jo }\ira, •'lt's you, Sinclair, is it? I'know who you are now; I shall know you if you get hjray." Mr. Stantiford cgme up Bud assisted him. Prisoner asked to be let go. The policeman then came up. Prisoner was then given in charge. After the prisoner was taken in custody, witness went back for the cash box, and found It on the ground where they had been struggling. "Witness noticed that the pi-isoner's cont was torn. Qpened . the cash-box in presence of the police; the money andhandkerchief were in the box. The cash-box produced was the same cash-box. The police had had possession of the box since. Cross-examined by Mr. Prendergast—His house ■was very near the rnce course. There were a great number of persons drinking in the house that day. Witness had been drinking occasionally. Could not swear to the number of drinks he had. There might, have been about 80 persons staying in the house that night. Witness and his wife slept together. 'His wife was not in court. There was- another room next his in which two persons slept. Jt was a starlight," but not mobuligfitl plght. There were five persons left -with the prisoner' . and the policeman, when he went for the cash box. Two of them were the sons of witness, none of these persons were in court. Prisoner came to the house about ten'o'clock in the evening—he had something to S'rink. ' Witness tried to wake prisoner when he was asleep on the chair, but could not rouse him. By the Court: The outer dcor of the kitchen was ■ fastened inside with a button, there was also* a lately. • The prisoner was th* only man :left in thd;kitchen, to die* best of his belief. " '. '■ ' v ' deposed that in March last, at the time of the races lie was living on the ground of "the prosecutor. Witness detailed having heard cries ■ for assistance, on the night of the 29th March, and of finding prisoner and the previous witness struggling 'together. Assisted in taking prisoner to the houee. Heard the prisoner when he was in custody, e-iy he had been trying to catch the thief. Prosecutor

then said he thought prisoner was the thief, as he he I"JMt "pnrtof hiscoat in his hand. ~ ' liobcrt Kirkpatrick; police ' cun&tablc. gave evident c as to the arrest of the prisoner. . When he had brought the prisoner into the room, prisoner said to him'that if £20 was of any use to him he could have it for letting him go. Witness placed the piece of coat produced, torn from the prisoner into the cash b-. x Mr. Prendergfist addressed the jury for the defence, and ttit up the theory of some other person ■ having committed the theft, and that the prisoner" had h,oen attempting to capture him when the prosecutor came up. The iearreu counsel commented on the fact cf tuere being none of the numerous persons staying in the house, nor the wife of the prosecutor present in the court as witnesses. The following witnesses as to the character of the prisoner were then called. Daniel Murisoa had known the prisoner since September, at Tuapeka; prisoner had a oakery there. He had a share in a bakery booth at the racecourse with witness. Had never known anything aprninst his character. Had one money transaction with him; —prisoner had. purchased some goods in Melbourne for witness. George Sumner.—Was a builder and contractor. Had known prisoner from six to seven years ; knew him at the various digging in Victoria. Had never known anything against his character ; it was always good. Alexander,Jamieson.—Had known the piisoner since 1854, and gave testimony to his good character during that time. His Honor summed up the evidence, and the jury at once found a verdict of gu.ilty. Sentenced to 9 months* imprisonment, with hard labor, dating from the 29th Mai eh. THE EMBEZZLKMKNT AT TIIK UNION BANK. William Joseph Brutton, late clerk at the Union Bank, pleaded guilty to an indictment for embezzling various sums of money, the property of Alfred Jackson, manager of the Union Bank at Dunedin. Mr. Gillies appeared to watch the case »n behalf of the Bank, and st-»ted that he was desired to speak, on behalf of the Bank authorities, as to the previous good conduct of the prisoner, and that he (prisoner) had, since his arrest, afforded all the assistance in his power respecting accounts that had got into confusion owing to his absence. Mr. South made an earnest appeal to the Court on behalf of the prisoner. Hi 3 Honor, who was evidently much affected, addressed the prisoner, and commented upon the painful position the prisoner was placed in. His Honor sincerely hoped that the cvidenceitff conlritionthe prisoner had showa were sincere, and that he would act in future so as to retrieve his character. Taking into consideration the strong recommendation that had brten made on his behalf, he would deal leniently with him. The sentence of the Court was that the prisoner be imprisoned "for nine months, with hard labor, dating from 23rd March last. ' lakoext. Sophia Borrow was indicted for stealing wearing apparel, the property of Alexander Elliott, on the 31st March.

Mary Ann Jago was also indicted for aiding and abetting the other prisoner. Both prisoners pleaded " Not Guilty." Mr, Jioworth prosecuted; Mr. Prendcrgast defended.

The facts of this case are:—That on the evening in question the, prisoner Borrow had stolen from a room over the theatre, the bedroom of the prosecutor, who was a groom at the Provincial Hotel, one waistcoat, one pair drawers,.and some socks. The evidence fully sulsianiiated the charge, and the prisoner Borrow was found guilty, and was sentenced to four months' imprisonment, with hard labor.

In the case of the prisoner Jago similar evidence was adduced as in the former case. :

Mr. Prendergast argued that there was no evidence to support the charge against the prisoner, and called the son of the prisoner to prove that she had been asked to rest herself in the room where the prosecutor slept. >. The prisoner: had sprained her. ancle going to the theatre, and she waited in that room until he fetched a cab for her., ■

E.jdence was also adduced as to the previous good, character of the prisoner, . ~, . The jury found the prisoner " Not Guilty." She was then discharged, , ' - ' The Court adjourned, at ft quarter to four o'clock, until 10 o'clock on Tuesday (this day). '''■'