SUPREME COURT.—CRIMINAL SESSION.

Otago Daily Times, Issue 2007, 5 June 1868, Page 4

SUPREME COURT.—CRIMINAL SESSION.

TnuEHDAY, Junk 4th, (Before His Honor, Mr Justice Chapman.) His Honor took liis seat at ton o'clock. SENTENOK. John Lauchlan Hughes, convicted on tho previous day of breaking into a store, and stealing mon&y, was. brought up for sentence. Witnesses who. gave him a. good character were called. He was sera-, tenced to twelve months' imprisonment. ROBBERY FKOSf A BVKUISO. ■ John Wilton wa3 indicted for having* on or about tho 31st of March last, stolem from the Kilmog Hotel Ll3 in Lt-uptes. Mr Smythiea defended the prisoner^ Tho Crown Prosecutor opened tbocase.. On the day named in the indictment, tl>o prisoner was in the Kilmog HoteL He waa drinking in front of the bay, but iit tho temporary absonco of the barman, he was seen to go behitid the bar, and % noise was heard as if Borne ouo was moving the cash-box. When asked what he - waa doing there, he said ho was looking for his awag ; but when he left the hotel he took tip his -swag from outside tfca house, where it had been all the time* The money was missed, and when the prisonor was arrested Ll2 waa found on, him. ; . ' ' " 1 The following evidence was given :— ' Andrew Rogers*, barman p.% Iho b&pf,

ioid that he had occasion to go to a box j which the money was kept while tho Brifiorier was in tho bar o£ the hotel. At that tifno tnero WIiS 13 and ■omo silver, in the box. He put tho box in under the far end of the counter. Tho Prisoner could easily mo him doing bo. Tho witness left the hotel for a f e( v momenta, and the prisoner left shortly after he returned. About a nnarter of an hour • afterwards tho witness went to tho cash box, and found that tho roll of no'.ea had been taken away. From tho description he received of the man who had been seen behind the bar, he followed the prisoner, and found him at the Blueakin Hotel. 0o watched the prisoner, until tho arrest was made. In answer to Mr Smythiea, tho witnciii said that when ho left tho bar Katie and another man were there with Wilton. Kane could kco him put the money away ;ia well aa the prisoner. There were no Htores. Martin Kane stated that ho was in the bar when tho last witness went out. Ho saw the prisoner go behind the bar. He twked what the prisoner waa doing there, and the latter replied, ho wanted his swatf. The prisoner stooped down, so that he could not see him. Ho heard a noineas if the prisoner was "knocking about the cash-box." He came from behind the bar without a swag, stayed in the bar a few minutes, went outside, took tip his swag, and went away. The witness had gone into the bar without O'l'rien. lie did not know that money was behind the bar. Jlichaul O'Brien tfaid ho was not the prisoner's mate. When a waggon came to the door, Kane, himself, and Rogers went outside. Kano returned to tho bar immediately. The prisoner remained in the bar. Rogers and the witness remained outside for about five or six minutes. The witness saw the prisoner's swag outside the house, Jn answer to Mr Smythies, the witness said that he waa outside when tho prisoner was said to have taken tho money. Ho worked with the prisoner for two days, and ho saw him ch'augo a L 5 note at Oarnaru about a week before ; and he also saw him change a LlO note at Palmerston. Martin Kano waa recalled, and he stated that when the waggon came to the hotel, he went to the door, but did not "o outside, it was when lie returned that he saw tho prisoner behind the bar. J. 0. King, the police constable who arrested the prisoner, said that he found Ll2 in notes, and 5a Od in silver, upon him. Ho had inquired at Blucßkin, and found that tho prisoner had not changed a note there. Mr Smythies, for the defence, raised three theories. First, that tho money was never in the box at all, or that the barman had taken it; and that it was just as probable that, if there, it had been taken by Kane or O'Brien. Ho urged that it was improbable so much money would be left in tho bar ; and ho argued that the conduct of tho prisoner who, when followed to Ulucskin, had asked the barman to have a drink, was not that of a guilty man. Ho pointed out that the money found upon tho prisoner waa not tho exact amount stolen, andsaid he would bo ablo to prove, that tho prisoner had money of bin own. Ho had changed a L 5 noto at Oainaru, and a LlO neto at Pahnerston, and tho money that ho had spent would leave about tho sum found in his possession. Thcro wcro no hotels or stores between tho prosecutor's house and tho place where the prisoner was arrested, and it had been assumed by the prosecution, that tho money found on him, - was actually tho money atolen.Ho called Alexander Crawford. Tho witness asked who was to pay hia expenses. Tho Jiidgo said that as ho was aubpanaed for tho prisoner, he should look to him for his expenses. Mr Sraythies said this was a case in which the Crown should pay expenses. Tho prisoner had asked tho Magistrate to procure tho attendance of tho witness, and tho Magistrate had refused. It wan very hard Tho Judgo :II ibho use you commencing an eloquent peroration about tho hardship. There la simply no fund to pay him. (To the witness) : You Bhould have refused to come unions reasonable expenses wero tendered to you, but now that you aro here, you must give evidence. Thu witness said: I recollect that on Sunday, March 2!>, prisoner came to my place at Palmerston, and changed a LlO noto. I gavo him nino LI notes, and 14s. Ido not remember that ho said ho had other money done up in his swag. I did not notico that ho had a new pair of trousers. By the Crown Prosecutor :Ho told mo ho had been thrashing. Ho did not upend much moru money. George Sefe : I waa barman at tho Golden" Fleuce, WaikouaitL I recollect the prisoner coining there about tho end of March. Another person was there, and they naked for drinks. They had had more than was good for them, and I refused to give them drink. They had a light, and I separated them. Aftorwards, I%ive tho prisoner a uodawater, and ho changed aLI note to pay for it. He took the LI from a roll of notes. I heard of the case, and believing there might bo a mistake, I volunteered to give evidence. By the Crown Prosecutor : Tho prisoner had on a pair of trousers and a. flannel shirt, apparently now. Ho seemed sober enough when he wont away. lho excitement of the fight scorned to have sobered him. I recognised the prisoner among others in tho gaol. The Crown Prosecutor said that the evidence for the .prisoner only wont to show that the prisoner should have had portion of a LlO-note in hia possession. There was no evidence that ho had had any of tho change of the L5-note. It would be impossible for tho Crown to tell what had been expended, but it waamevitlence that when at Waikouaiti, both ho and O'Brien had boon drunk, and it appeared that O'Brien had no money. Even after the last witnosß saw tho prisoner, the hitter had opportunities of •spending more money. But even supiwsing that ho had the whole of the money in his possession, that did. not prove that ho did not toko tho sum lie •was charged with stealing. .*. Tho J ndge having summed up, tne jury, after a quarter of an hour s absence, acquitted the prisoner. KOBBBaY STtOM TUX POTION. Emma Henrietta Webb ™aa indicted; for having, on the Bth of May Jaut, at

Tuapeka, stolen one laco shawl, one jacket, one gold ring, and aLI note. Mr W. Y/. Wilson defended the prisoner. The Crown Prosecutor said ho intended to offer no evidence in this case ; upon which the 3 udge directed the jury to acquit the prisoner. OKTAINIKfI MONKY CN»EIt FAUJB PEETBNCKH.

Tuapeka, stolen one laco shawl, one jacket, one gold ring, and aLI note. Mr W. Y/. Wilson defended the prisoner. Tho Crown Prosecutor said ho intended to offer no evidence in this case ; upon which the 3 udge directed the jury to acquit tho prisoner. OKTAINIKfI MONKY VRItZJt FAUJB PEETBNCKH. Samuel Symms was indicted for having, on tho 27 th of April last, obtained from Hyman Cohen tho anm of LB, by means of a false and fraudulent representation. The prisoner was defended by Mr W. W. Wilson. The case, as stated by tho Crown Prosecutor, waa, that a relation of the prisoner had died in India, and left him a legacy of about L 250. Upon tho promise of an assignment of the legacy, tho prosecutor had advanced, at various times, m money and goods, amounting to about L 250. About ten o'clock on the morning of the day named in the indictment, the prisoner went to the prosecutor, and produced a letter from the Administrator-General at Calcutta, and stated that the amount of the legacy, with interest, would be paid during the month, and tliat it would then be paid to tho prisoner's credit into tho Oriental Bank. It also stated that a3 that Bank had no branch nearer than Melbourne, the draft would be upon that place. Upon tho faith of tho prisoner's representationo, the prosecutor agreed to advance a further sum of LB. The prisoner went away, and returned in tho afternoon, and he then signed a document, authorising tho prosecutor to receive the money in Melbourne, and the prosecutor then gave him LB. Tho alleged tfal3e pretence Wiis that at the time the prisoner made these representations, he knew them to be false, as he had actually on the same day received tho whole amount of tho legacy through the Bank of New Zealand. The following evidence was given :— Hyman Cohen : I am a publican tesiding in Duncdin, and know the prisoner. He was for some time staying at my house. He told me that an uncle of his had died in India and hud left him some money. He showed me a number of documents supporting his assertion, and upon tho faith of tho promises and representations he made, I advancnu him about L2OO. About 10 o'clock on the morning of tho 27th April last, ho camo to me, and handed me a letter. I opened the letter, aud read it, aa follows :—" Administrator-General's Oflice, February 21st.—Dear Sir—l am in receipt of your letters of 20th July and 20th August, tho fir*t bearing a powor of attorney, which, I regret to «ay, was perfectly useless. However, the whole of the dividends, with the interest added, will be paid by the Agra and Masterman's Bank, during the present month, when I will pay tie same to your credit into tho Oriental Bank, of course deducting charges and expenses. I find thoy have no branch nearer thr n Melbourne, ho the draft will be upon that place. I have instructed them to advise you of the same, so that yon may calculate upon hearing from them by the next mail. I am, &c., J. C. Hogg. P.S.— You will have to sign a receipt in full for tho amount* before the Bank will pay the draft; this is as a protection to me. I oncloso a statement of accounts, which I trust you will deem satisfactory." I said to him " Symms, how is it that you. did not show me thin before," and he said " I have only just received it." He then'gave me the statement of accounts, and asked me for itome more money. I told him that, as I found the legacy was to be paid in Melbourno, I would require a proper voucher, authorising ma to receive tho money there. He said ho would give what. I wanted, and I went and consulted a solicitor as to the form of document to bo drawn up. Upon my return, he signed tho following order to the Oriental Bank Corporation, Melbourne: —"Please pay tho as per receipt sent herewith, dated 27th day of April, 1868, to Mr Ilyman Cohen, publican, of Dunedin." Ho also signed a receipt in ful! an required by Mr Hogg. While the witness to his signature waa signing the documents, Mr Fargie, tho wine and spirit merchant, came and took the prisoner away. Ho camo back again at about half-past threo or four. I told him that I had heard from Mr Ward that the latter had seen a letter bearing tho imprint of the Oriental Banking Corporation. Ho denied that snch was tho case, and assured mo he had not received the monoy. I then gavo him LB. It was upon tho order, and npon his representations, that I gave him 'he money. Two daya afterwards, when I told him that I had been to tho Bank, and found out that he had received the money, he denied that he had done so. By Mr Wilson : 1 was with him when he was arrested. I took a cheque from him for Ll2O. It was dishonored. lam sure that it was on Monday, April 27th, that I gave tho money, and I swear that it was between half-past three and four o'clock. I Bwear that there was not fifty pounds worth of drink supplied to him during tho ten months that he stayed with me, and I deny that I furnished a house, and supplied tho prisoner with liquor while he was living with a woman. There was no person present when I gave him the money. He had been staying with me for Borne months. He has had above Ll7O in cash from me. John Campbell Morris: lam clerk in tho Bank of New Zealand. I produce a a draft from tho Oriental Bankinc Corporation in favor of Samuel Symms. It is for L 243 9a 7d. Tho endorsement is in tho prisoner's handwriting. The draft was paid 27th April. It was placed to his credit at his own request. I saw him. He came between twelve and one, and ho signed a receipt J for tho legacy. I afterwards obtained a second signature to the receipt. DetectiveFarrell stated thai ho arrested tho prisoner at the residence of a Mr SutcliiFe, Silverstream. Ho found on him two L2O notes, and received L3O which had been given to Mrs Sntcliffo to take charge of. The prisoner gave the prosecutor a cheque, and then said, " You have nothing to detain me now for." The witness refused to lot the prisoner go, saying that he had been given into custody and must be legally discharged. This closed thecase for the prosecutadnJ Mr Wilson addressed; .tho # ,'^uty. iHe rested his defence upon an alibi which he said he ■would prove- He, said that witnesses would satisfy the Court, that at the time the prisoner was said _.to have signed tho.'. order, ho was lying fcalpteaaly drank at the Oriental Hotel.

He pointed out that no receipt had been taken for the LB, and ho urged that the prosecutor was mistaken as to tho date upon which the money had been paid. If there waa a doubt, the prisoner should have the benefit of tho doubt. He called the followiug witnesses : Noel DeLeon : I am a clerk. I remember Monday, April 27th. I saw the prisoner on that day, between 11 and 12, at tho Oriental. He waa dmnk. I got him into a bed at the Oriental. I next jaw him about threo o'clock. Ho waa fng down. He was not drunk then, did not see him after that. I left in about half-ar;-hour. Edgar Bastings : I saw the pris: onor on the day named in the indictment. Ho came in about half-past eleven o'clock with DeLeon. Ho told mo he waa going to get money. I -went away for about half an hour, and when I returned, I found the prisoner in one of my beds. He waa helplessly muddled, and utterly incapable of transacting business. I believe he waa too drunk to go to a Bank, and endorse a bill or sign a receipt He came down into my room at about halfpast threo, without his hat. By Mr Haggitt: I will not undertake to say that it was impossible for him to have gone to Cohen's between the times I saw him. It is not impossible, but it is highly improbable. Tho prisoner did not leave my house after he camo into my room. By the Judgo : I fix tho date by an entry in my diary, in which ho waa chaigcd for the bed. Mr DeLeon was recalled, and he said that he had driven tho prisoner to Silverstream on the day ho was arrested. Tho Crown Prosecutor contended that if tho evidence for the defence was completely proved, it would not alter the case. But it had completely failed, and to render it of any avail it must f>o complete. Tho Judge said that the fraud consisted not in having obtained from the prosecutor money upon a promise, iut in tho misrepresentation of an existing fact. It was for tho Jury to determine upon tho evidence, if at tho timo he made the representation to the prosecutor, he knew that the money was lying in the Bank here. His Honor commented at length upon the evidence set up for the defence, and upon the evidence given for tho prosecutor. Tho Jury retired, and, after an absence of 20 minutes, returned, finding tho prisoner Guilty. Tho prisoner was ordered to be brought up for sentence on Saturday; and the Court adjourned until ten o'clock to- day.