SUPREME COURT.—CRIMINAL SITTINGS.

Otago Daily Times, Issue 2681, 9 September 1870, Page 3

SUPREME COURT.—CRIMINAL SITTINGS.

Thursday, Bth September. (Before His Honour Mr Justice Chapman, and a Petty Jury.) The Court opened at 10 o'clock, THE GOLD ROBBERY AT CLYDE. The case of Malcolm M'Lennan was proceeded with. There was a large attendance of the public during the day, and towards the close of the trial, every available inch of space was occupied by spectators. Mr Barton continued his cross-examina-tion of Rennie, who gave the following answers : —I went with Detective Parrell to Cromwell. We called at Elliott's on our way, where Farrell called for a drink. We did not get off our horses. Elliott said nothing in my presence about the robbery. We remained at Cromwell for a short time. Sergeant Cassells was there. No conver-' sation took place between him and Farrell in my presence. Cassell's accompanied us back. On this side of Gentle Annie store, I looked for a parcel which I had lost. I have not now in my possession the parcel of notes which I originally retained. I think we called at Elliott's for a minute on our way back, but we had no more conversation with Elliott on our return than in going. I cannot say how often I was taken out of the lock-up, but I was taken out nearly every day for an airing. Inspector Percy visitad the lock-up every day ; he did not question me about this case, but merely asked such questions as whether there were any complaints to make. He sometimes asked about the notes. Nobody asked me about the evidence that I was to give in Court; nor did any one tell me what evidence the other witnesses were to give. When I was called before the Commissioner of Police, he told me that he had found out that what I had already said was false, and that I had better make a clean breast of it. I did so, and my statement was written down. I did not state when before the Magistrate that on the first occasion the bolt in the lock-up was secured with handcuffs, beca lse I was not asked the question. I was questioned in accordance with the statement which I made to the Commissioner. The key that opened the outer door seemed to be a common one. I was never confined in the Clyde or in any other lock-up. This big crime is my first beginning in crime. The shirt produced yesterday was shown to me by the police before I came into Court. I described to the police where I had concealed the shirt which contained the oats, and what kind of shirt it was. I will swear that it was not arranged beforehand, where the shirt should be flung. I did not tell them where I flung the wrench, but I told them where to find it. When I flung it away, I took it in my right hand, and flung it over my right shoulder. I will pledge my soul that the whole concern was not made up. Ido not think I told anybody that I and prisoner had six months ago concocted a scheme for the robbery of the Teviofc escort, had attempted it, and failed.

Thomas Meredith Smith, a constable, stated that Rennie was arrested about one o'clock on Sunday morning, the 14th August, and between eleven and twelve, witness, Hunt, and Rennie started in search of the gold. Inspector Percy and the Commissioner of Police subsequently took part in the search. Witness described the discovery of the three " plants " of treasure, and the sack which had been converted into saddle bags. About 11 o'clock in the morning of Wednesday, the 17th, witness, accompanied by Rennie, went to a place about 150 yards from the last house on the Cromwell side of Clyde, and there perceived some oats sprinkled on the ground, and also a porter bottle, which contained dregs of porter and a part of the cork. (Bottle produced.) On the next day witness went with Detective Farrell to the place where the four bags of gold and notes were concealed, and within 20 yards of the spot Farrell discovered the wrench produced. Constable Ryan passed through Cromwell on his way from Cardrona to Clyde, and reported himself as on transfer. Prisoner informed witness that Ryan would make a good thing of it, as he (prisoner) was about to give him L 5, and asked if witness intended to give an equal sum.

Cross-examined : Ryan had formerly been first-class sergeant, but at the time of which witness was speaking, he was only a constable. Witness only saw prisoner at Cromwell once, on the Friday previous to the robbery. Witness went to Cromwell on the 29th June or Ist July. Prisoner came up on escort duty, and was on his way to Qaeenstown. Witness expects a share of the reward offered. Rennie's confession was first made to Hunt, and the latter informed witness of the circumstance. Witness then went to Rennie. He had, about 2 o'clock on Saturday, the 13th, and previous to Rennie's arrest, told Rennie that the Government had offered a free pardon and a reward of L2OOO to any accomplice who would turn Qaeen's evidence. Rennie, at that time, denied having anything to do with the affair, but did not deny it welL By the Court: I had told him that I suspected him of the robbery. Cross-examination continued: Witness showed Rennie a bit of the bridle and a wax end.

By the Court: The printed notice of the proclamation was stuck up so that every body in the district could see it.

By Mr Barton: Upon arresting Rennie, witness cautioned him in the usual manner, and warned him that he was neither to expect pardon nor reward. After Hunt had told him about the confession he went and saw Hennie, and said "Well, George, you have confessed about the rob^e^?" and added,' 'Are you not going to show us the gold ?" Kennie replied "Yes." Witness said "Hold hard a bit; are you making this confession in the hope of getting a free pardon and reward?" He replied in the affirmative; and witness thereupon said, "You must remember what 1 told you upon arresting you." He replied, " All right," and said he would show witness where the gold was planted. He then proceeded to explain the circumstances of the robbery. It was not made in form of question and answer, but Rennie made a statement, and when witness did not understand anything, he asked for an explanation. Rennie said he opened the door with a key, that he had about a dozen of keys, and chucked them into the river, that he took three of the screws out when he lifted the boxes, and put the boxes on the sod wall; that he carried them from the wall to the water hole where he had tied his horse. Witness inquired if anyone else was concerned in the robbery, and Rennie declared to God there was not. Prisoner went to Cromwell with witness before his arrest, but on the same day. They stopped at Elliott's, and witness spoke to Elliott, but did not know if prisoner did so or not. By Mr Haggitt: You could not ride six miles an hour over the Gentle Annie. When witness rode over, it was rough and frozen. Samuel M. Dalgleish, recalled : While overlooking the screwing up of the gold boxes, he noticed that M'Lennan was uot screwing them up sufficiently tight, and he directed prisoner to screw them tighter. M'Lennan apparently did so. Prisoner applied through Sergeaat Ncili for leave of ab-. sence, he believed on the 13i;h May. The Police Occurrence Book ia kept by Neill, the sergeant in charge of the station. Witness examines it almost every morning, for the purpose of testing the accuracy of the entries. He generally initials it, but not always, (Book produced). The entries show that on Friday, the 13ch May, Constable M'Lennan left for the Arrow at 7 o'clock in the morning on leave of absence. Tiae entry is not initialled, but witness left the station himself at the same time for Blacks. On the

15th May prisoner returned at 8 a.m. On the 4th June he left at 11 a.m. for Queenstown on temporary duty. He went to Qaeenstown to do duby in the absence of Sergeant Fox. As far as witness could recollect, it must have been some time e%Aj in June that a proposal was made to remove M'Lennan to Dunedin. Sergeant Neill spoke to witness on the subject; and it was in consequence of his representations, which witness communicated to the Commissioner of Police, that M 'Lennan was not sent. It was ultimately arranged thut M'Lennan should remain at Clyde, until Constable Ryan, who had come from Cardrona, should proceed to Dunedin. The escort previous to the one which was robbed did not leave Clyde owing to the coach being late, until the sth July. The gold from Wakntip arrived on the 3rd July. The coach should have left on the 4tth. On the Sunday night he gave instructions to have a sentry posted. Sergeant-Major Moore took the metal plate off the cell door post on the 17th August. There was some difficulty in getting the remaining screw out, as it turned round and round, and had ultimately to be prised off. Upon the screw being examined it was found that nearly the whole of the worm had been cut off.

Cross-examined: Prisoner came to Clyde on the Ist January. On the aight of the robbery, Chamberlain, Gibbs, Brown, a Chinaman, and a man who had been brought ■, down by the escort that day from Qaeenstown were prisoners in the Clyde gaol. The gaol is constructed of iron, lined with wood. The transfer of Ryan to Clyde was not agreeable to witness. He sent a telegram asking that Ryan might not be sent to Clyde until he (witness) had arrived in town. Prisoner assigned as a reason for asking leave to visit the Arrow, that a man there \ owed him money and he was afraid of losing it. No sum was mentioned. Gantley, as gaoler, is custodian of the key of the lock-up, but when there is gold in the building witness takes charge of the key of the inner door during the night. The lock of the outer door is an ordinary lock. It was not the practice to fasten the bolt with handcuffs. It was so fastened on one occasion in consequence of the padlock being lost. It was not, on the night of the robbery, fastened with handcuffs, but with a new padlock. M'Lennan assisted in carrying over the gold, but witness questioned whether he saw the new padlock, aa he (M'Lennan) remained outside the lock-up while the boxes were taken in. Sergeant Neill put on the padlock. He measured one of the footmarks near the waterhole. It had been a frosty night, and most of the footmarks were indistinct. By Mr Haggitt: The footprint was about 10 yaids from the wire fence. William Arthur, surveyor, was recalled, and stated that the distance from the Arrow to Clyde by the new road is 44| miles, and by Gentle Annie, 38 miles. It is 12£ miles from Cromwell to Clyde. Kingdon P. Percy, Inspector of Police, pioduced the recovered gold and notes. Witness, assisted by Sergeant-major Moore, took off the metal-plate from the cell door on the 17fch August. He was unable to take out the screw by the ordinary mode, as it continually turned round, and it had to be prised off. Witness put a pen handle in to the screw hole, and found that it went in to a greater distance than the perfect screw would have done. By Mr Barton: Witness believed prisoner bore a good character, but was not aware that it was higher than that of other men in the force. While Rennie was under examination in the Resident Magistrate's Court at Clyde the public were turned out of Court. Witness believed that Mr Brough, the solicitor, also left the Courl. Policemen were not stationed at the Court house. By Mr Haggitfc : Mr Brough was simply a spectator. The Court was cleared at witness's request. Thomas Neill, sergeant of police, was examined relative to the entries in the Police Occurrence Book about M'Lennan's leave of absence. M'Lennan stated that there was a shipmate of his at the Arrow, a shoemaker, for whom he had become security for L4O worth of leather, and he had heard that this shoemaker had taken to drink, and was going to the bad. He was therefore afraid of losing his money. On returning, witness asked M'Lennan if he had succeeded in his business at the Arrow. Prisoner replied in the affirmative, saying that he had got the money. Witness ordered p'isoner up to Qaeenstown, and gave him a written route. Witness had not the document with him. The witness then gave evidence on the subject of prisoner's threatened removal to Dunedin. Mr Dalgleish told witness to ask M'Lennan if he would rather stay at Clyde than go to town. When constables are removed from one station to another, the expenses of removing their families are not paid by the authorities. Prisoner told witness that he had given Ryan, who is a married man, L 5 to pay his expenses to Waikouaiti in order that he might remain at Clyde. Witness was absent from the camp on the evening before the robbery, and returned about a quarter to 10 o'clock. The first time he saw prisoner after returning was at about; a quarter past 10, when M'Lennan passed the office door. Witness asked where he had been ? Prisoner replied, •'Up to town for a walk." Witness remained in the office until 20 minutes past 12 o'clock. Mr Dalgleish was in the office for a few moments, and M'Lennan also came in. Witness was engaged in writing and getting the papers ready for the escort. Prisoner was the last person in the office with witness. Dalgleish came into the office at about a quarter past 10. The next morning witness and M'Lennan went to the lock-up together. Witness opened the outer door. He observed nothing suspicious there. Upon going in witness tried to strike a match, but before he had succeeded in getting it "to light, M'Lennan struck a match, and looking down, said "Hallo, there's been somebody here .'" Witness looked and found such to be the case. The inner door was ajar ;he opened it, struck another match, and found two of the gold boxes to be missing. He measured I two of the footprints that were discovered by the water-hole ; and found that one of prisoner's boots corresponded with that measure.

By the Court: He did not apply the boot to the impression.

Examination continued : Prisoner was sent away to Cromwell that morning before the gold boxes were found. On one occasion the lock of the inner door was lost, and a pair of handcuffs was substituted. The coal required for the camp is obtained from Mr Bolt's pit. The police cart the coal themselves. 'On Tuesday, the 31st May, prisoner was sent for half a ton of lignite. After witness left the office at 20 minutes past 12 o'clock on the night of the robbery, he saw prisoner standing at the door of the barrack room.

Cross-examined : On the night in question both witness and prisoner were preparing their reports about a horse. Witness did not, on leaving the office, go into the bar-rack-room and speak to prisoner about the latter's report. It is not usual to keep a man on night duty when the escort treasure is in the camp. On one occasion sentries were posted. S. M. Dalgleish, recalled, deposed that he had never served under Sergeant Ryan. Michael Hunt, constable, deposed that he was stationed at Arrowtown on the 13 bh May last. About 7 o'clock on the evening of that day was the first time he saw the priaoner, to whom he was introduced in the street by Eennie as a police constable stationed at Clyde, and a friend and shipmate of his (Rennie's). Witness was in prisoner's company for a few hours that evening. He told witness that he was on leave of absence, and had come to pay a friendly visit to Rennie. Witness left M'Lennan at Rennie's house about 12 o'clock, prisoner having p'eviously declined the offer of a bed at the police station. He saw prisoner again the next (Saturday) evening, about 9 o'clock, when he told him that he and Rennie had been to Queenstown that day. On this occasion witness was' in M'Lennan's company for about three hours, and finally left him at Rennie's place about; midnight. The next morning, between 9 and 10 o'clock, Rennio

' and prisoner came to the station on horseback, when Eennie remarked that he was going fco accompany prisoner part of the way to Clyde. They stopped about ten minutes, and then lefb in the direction of Clyde. About half-past 11 on the morning of the sth June, witness again saw prisoner in the Police Camp at Arrowtown. M'Lennan said he was going on temporary duty at Qaeenstown. He breakfasted with witness, remaining there for abbut half-an-hour. Witness promised to accompany him to Queenstown, and M'Lennan then said that he would go and see Rennie. Prisoner weDt up town, and on his returning, they immediately started for Q leenstown. About three quarters of a mile from Arrowtown they were joined by Rennie, and the three went together to Queenstown. Witness and Eennie returned together. About 8 o'clook on the evening of the 17th June, witness met prisoner on the street at Arrowtown. The latter stated that he was on his return to Clyde. They remained in company for about an hour, when Rennie joined them. They passed the time until 12 o'clock in the Royal Oak Hotel, and walking about. Witness left the other two about to take supper in Rennie's house. Prisoner told Rennie that they ought to put up a dredge in the Shotover. Witness had been at the Arrow for six years. He was not aware that prisoner owned a claim on the Arrow. Cross-examined : Prisoner, on the sth June, reported himself to witness as being on Mb road to Queenstown, and witness signed his route piper. Witness most certainly expected a share of the reward. Rennie made his confession to witness. The latter went with Smith and Rennie to search for the property. They did not have much conversation on the subject of the robbery. Witness asked Rennie if he had an accomplice. James Parrell, a detective, deposed that he searched the prisoner's room on Sunday, the 7th August, and found a screwdriver in prisoner's regulation box. The screwdriver fitted the screws on the metal plate, and he could have taken out the whole of the screws in the plate and bolt with it in four minutes. After witness had tried one screwdriver, prisoner remarked, " I suppose I'm into a row now !" Witness asked, ** What will get you into a row?" and he replied, "That d d thing being thrown into my box." Witness responded, "That [finding the screwdriver] amounts to nothing ; we must find something more than that." On the 18th, witness accompanied Constable Smith on a search for a screw wrench. He pointed out to witness the place where the most distant plant of the gold had been made ; and witness, 20 yards from this place, discovered the wrench produced. Witness did not find any similar screwdriver in any other constable's box.

Cross-examined: Witness believed the screw-driver was a regulation screw-driver, now that it was placed alongside other screwdrivers. He found it fixed in a strap inside the lid of prisoner's box. The police some' times need a screw-driver to enable them to clean their arms. Witness, in the Resident Magistrate's Court at Clyde, said he never knew such a screw-driver to be served to a policeman. He swore that the screw-driver was not a regulation screw-driver ; and he was not aware at the time it was one. On returning to town, he made enquiries at the police office, and found that it was possible 'that a, screw-driver of the kind had been served out to M'Lennan.

James Holt deposed that he owned a coal pit near Clyde, and was accustomed to supply coal to the police. The wrench produced was his property. He missed it on the sth June. On the last occasion when he saw it, it was lying, with a few other tools, at the pit mouth, under a bag. It could not be seen without lifting the bag. The police obtained coal from the pit either on the 31st May or Ist June. He could not swear who fetched it. Constables Carroll and M'Lennan often came for coal.

Cross-examined: Witness supplied many persons with coal. He had supposed that a waggoner had taken the wrench. Benjamin Naylor, storekeeper at Clyde, deposed that prisoner was accustomed to deal at his store. One Saturday night in July— either the 23rd or the 30 bh—prisoner bought some cheese and something in a bottle, but whether it was porter or ram witness could not recollect. He kept rum in a quarter-cask, and when customers wanted any, he washed a bottle out for the liquor. He did not remember prisoner ever bringing his own bottle with him, nor did he recollect, on the evening in question, either washing out a bottle | or filling one from the cask. Edmund Elliott, landlord of the Half Way House on the Clyde and Cromwell Road, corroborated Rennie's evidence about himself and M'Lennan stopping at the hotel, and Rennie being left behind. In reply to a question from witness, M'Lennan said that he did not know Rennie, but heard in Cromwell that he had a store in Cirdrona, and j was worth a deal of property, or words to that effect. Witness asked M'Lennan his own name, and the latter, in reply, said he had left a note in the bedroom, which the party would see in the morning, and then rode away. Witness did not see any note, but remembered Rennie mentioned something about one. In cross-examination, witness said he heard a horse pass his house at three or four o'clock in the morning. Patrick Gantley, constable and gaoler at Clyde, deposed that about the latter end of May, or beginning of Jane, prisoner showed him a roll of bank-notes, stating that that was a dividend which he had received from a claim at the Arrow. Witness described how the gold was locked up prior to the robbery. Witness locked the outer door himself, kept the key until about 6 o'clock, and then gave it to Mr Dalgleish. He was in company with the prisoner in the barrackroom until 9 o'clock, when the latter said he would take a run down town. Witness remonstrated against his doing so, as the camp would be left without any one there but witness. Prisoner remained for a short time, went out of the door, and turned to the right. The sergeant was the first to come back. Witness went to I remove the cloth from the sergeant's horse, and on coming back, found M'Lennan with the sergeant. Witness went; to bed about midnight; and about half an hour afterwards, prisoner called out "Gantley, are you asleep ?" and asked witness to give him a call in the morning. This closed the case for the Crown. Mr Barton said he did not intend to call any witnesses, but would put in the depositions taken at the Resident Magistrate's Court, in order that the prisoner's testimonials might go before the jury. Mr Haggitt then addressed the jury for the prosecution, pointing out that Rennie's testimony had not been contradicted in any material part, that a rigid cross examination had not shaken it, and that it had been fully corroborated in many important particulars. Ifc could not be expected that a man, confessing one infamy, and burdening himself with greater infamy by becoming a tell tale against his former friend and the person connected with him in the robbery, should be able to look them in the face like an honest witness; but when his testimony not only remained unshaken, but was amply corroborated, the jury were bound to accept it as they would have done that of a more honourable witness. The material facts upon which Rennie was corroborated were the dates, and if they believed the corroborative evidence as to those dates, they must believe his story. There could be no doubt that the robbery had been committed, and in the manner described by Rennie; and as reasonable men. they would see that it would have been impossible for Reanie to commit that robbery had he not had an accomplice in the police camp. They had the positive evidence of Rennie that the prisoner was that accomplice ; they had the corroborative evidence of dates that prisoner was away from the camp and in company with Rennie at the times specified; and consequently, there was the strongest; evidence to prove that prisoner was the man.

Mr Barton then addressed the jury for the defence. With regard to Mr Haggitt'a remark in hie opening address, that the jury ought not to be affected by the magnitude of the case, bat should treat it as an ordinary

LlO oase of larceny, while no doubt the evidence in the one case would be sufficient to convict in the other, yet the jury must take care not to put the prisoner in the position of a convict because of the magnitude of the crime, and for fear lest the offender should escape. They might assume, as a matter of course, that Rennie would tell as little falsehood as possible, because it waa easier for him to come into Court and build up a superstructure of little falsehoods on a foundation of truth, than to make a statement wholly com posed of lies. Consequently, there was not a particle of doubt that all he had stated with regard to his own share in the robbery was true. That the prisoner visited him at the Arrow was also true. These were the foundations of truth upon which he built up a superstructure of small falsehoods, some of which had irretrievably broken down, while others it was impossible that he (Mr Barton) should break down. The jury would have noticed that in those parts of his evidence in which he was to be corroborated Rennie had spoken in a higher tone of voice, showing that he had carefully thought over the matter in his own mind. He (Mr Barton) did not attempt to break the witness down where his lesson was well learnt, but in the little facts where the lesson was not so thoroughly learned. Mr Barton then went on to point out that it is the invariable practice of the English Judges to warn juries that they ought not to convict upon the evidence of an accomplice, unless it be corroborated in material points ; and quoted a judgment of Lord Abinger's in support of his assertion. Most of the witnesses in this case seemed to expect a share of the reward, and their testimony was therefore not independent. Rennie himself clung close to the reward; and if he failed to convict the prisoner, he lost a free pardon, and the chance of the reward, and was liable to be sentenced to two terms of imprisonment of three years' each, since he had pleaded guilty to two indictments for larceny. This was a very high inducement for him to consider whether he had not got an accomplice ; and it would be his (Mr Barton's) duty to show that Rennie did not have an accomplice, and that he committed the robbery himself. It could also be shewn that the robbery was not perpetrated in such a manner as it would have bean had Rennie possessed the knowledge which he now professed to have had at the time. The learned counsel proceeded tocriticise Rennie's evidence. The jury would observe from jthe testimonials that the prisoner bore a high character up to the time of this robbery. The police at Clyde were, to a certain extent, on their trial in this case, and they would not have missed a point if they could ; yet they had not attempted to damage the prisoner's character. If the jury convicted the prisoner, they would do so upon the testimony of Elliott, who was the only independent witness, all the other corroborations being given by the police. Everything the prisoner had done was capable of a proper and honest explanation. Mr Barton concluded by pointing out that not only must the evidence of the informer be corroborated, but the accomplice must also be individualisel; and this two days' trial had neither shown that Rennie needed an accomplice, nor that the prisoner assisted him.

The learned coansel, upon sitting down, was applauded by the spectators. [We are compelled to hold over the remainder of our report.]