Tuesday, April 4th. The Late Post Office Robbery.

Otago Witness, Issue 697, 8 April 1865, Page 7

Tuesday, April 4th. The Late Post Office Robbery.

Charles Pearson Fox was charged, on the information of Archibald Barr, Chief Postmaster, Dunedin, with stealing, between nine p m. on the 18th, and nine a.m. on the 20th December, 1864, the sum of £440 from the Post Office, Dunedin.

Mr Henry Howorth appeared to prosecute for the Crown, and asked that the prisoner should be remanded, in order to enable him to get the evidence together in as clear a way as possible. The prisoner was only arrested on the previous evening, and his Worship would see that it was almost impossible for him to get up a case of this sort in such a short time.

Mr Prendergast appeared for the prisoner, and resisted the application for a remand. He said the prisoner had been arrested for an offence alleged to have been committed three months ago, and during all that time the prisoner had been acting as a clerk in the Post Office. During last week he was questioned by the Postmaster and the Crown Prosecutor, and he answered all the questions put to him. On Monday, the prisoner came to him for advice, and he (Mr Prendergast) advised him not to remain in the Post Office under suspicion, but to ask Mr Banto suspend him if he was suspected. Mr Barr answered that he would take advice on the subject, and the result was that an information was laid, and the prisoner was taken to the lock-up. He (Mr Prendergast) could hardly think that this was a proper application for a remand when the prosecutor had had three months to get up the evidence. If there was anything in the charge the evidence must have been accumulating during that time, and there must be something shown for keeping the prisoner in custody.

The Magistrate said it did not follow that this young man was suspected during the whole three months.

Mr Howorth said suspicion did not attach to him three months ago.

Mr Prendergast thought that in a case of this nature something like a foundation for the charge should be laid before a remand was asked for.

Mr Howorth could do so if he wished, but it must result in an adjournment.

The Magistrate did not think the request an unreasonable one, considering all the circumstances, although he was opposed to keeping any man in custody without sufficient grounds being shown. He would remand the prisoner for a day, but would admit him to bail — himself in L3OO, and two sureties in Ll5O each.

THE MURDER OF " CHARLEY."

Ellen Anderson and William Ford were brought up, charged on remand with having been concerned in the murder of a German named " Charley," at Dunedin, on the 30th ult.

Mr Commissioner Branigan said it had been proved by the evidence taken at the inquest on the previous day, that the murdered man was Charles Klauss, who was before the Court a short time ago, when he preferred a charge of robbery against the prisoners now in the dock. Every hour, fresh circumstances were arising in this case, which called for investigation, and at the present moment there were facts connected with it which he did not wish to disclose.

The Magistrate had no wish to hurry the prosecution, because he considered that there was already sufficient evidence before the Court to warrant a further remand.

Mr Commissioner Branigan intended to call several witnesses, and he would also state that a Norwegian fisherman, who was now at the Heads, saw the defendant going in the direction of Stafford street at about half-pa3t eleven o'clock. The detectives had been sent to the Heads to bring this witness to town. On being arrested, the prisoner Anderson stated that she had a German in her house about half-past eleven o'clock on the previous night, but that he was dressed like a gentleman, and wore a white hat. He was prepared to produce a witness who happened to be looking out of her door for her husband, about half-past eleven o'clock on the same night, and saw Anderson taking a man down the right of way into her house. That man was dressed in a black biliy-cock hat, and was otherwise like the deceased. Another person who lived in the same house, but in the adjoining room to the prisoners, heard Anderson come into her house after eleven o'clock, in company with a man who wa9 speaking broken English. The man remained only a short time in the house, and after he went away the witness heard Anderson go out after him, and lock the door. When he had called these witnesses he would ask for a further remand, in order to enable the police to continue their investigations.

Sarah Smith : lam the wife of Jonathan Smith, living next door to the prisoners There is only a thin partition between my room and that occupied by ihe prisoners. I recollect Wednesday evening last. I was at home, and about half-past eleven o'clock I was in bed, but not asleep, I heard Ellen Anderson come into the house at that time. I know her voice. There was a man with her who spoke in broken English, and I should think he was a foreigner. They were in the house about twenty minutes, when they went out, and I heard the door locked. I then heard footsteps pass up the 'street. From the little! did hear, I thought the man was steady in his voice. I heard nothing further till next morning when I saw both the prisoners in their home. Ford then came out and went for a pint of beer.

By the prisoner Ford: That morning my bedstead broke down — about two or three o'clock. Ido not recollect whether I then asked you for a light, but when you got up the same morning, I asked both of you if you heard my bedstead break down, and you said you did not. In the morning at break of day, you asked me where a boy was gone to, and I said the child went to Hobart Town. I recollect you and Anderson talking and laughing when my bedstead broke down.

By the prisoner Anderson : When the bedstead broke down it was coming on to be morning, grey light. In the morning I came into your house and drank a glass of beer, but I did not observe anything strange about the house. Martha Hard : lam the wife of Charles Hard who keeps a furniture shop in Stafford street. I know the prisoners. They lived in a right-of-way just by my house, about 15 or 20 feet. Last Wednesday night, about a quarter or 20 minutes past eleven o'clock, 1 was going out of my door up to Martin's Hotel for my husband, when I saw the prisoner Anderson with a man standing at the entrance to the right of way. As I moved towards them Anderson went down the right-of-way and said to the man " follow me and mind you don't fall." He did follow her, and he had the appearance of a man being the worse of liquor. He had on a sort of black billycock hat, darkish sort of monkey jacket, and adirtyish white pair of tiousers, something like moleskin or T«-eed. He had all the appearance of being a laboring man, and was about the middle height, of stoutish build. I could not recognise him again. I did not see either of them again that night.

Francis John Weale: On Thursday afternoon last, I proceeded to the prisoners' house in company with Inspector Morton, who asked Anderson who the German was who was with her on the previous night. She said, he was a man she met in Stafford street, who had accompanied her home. She described him as a thin man, dressed in a light Tweed suit, and wearing a white hat. Mr Morton asked if he was the same man who was putting his arms round her in the Theatre, when she answered "No ; that man was drunk, and I left him."

Mr Commissioner Branigan here asked for a further remand. The prisoners were then formally remanded for a week.

CHARGE Or ATTEMPTING TO SET TIRE TO PREMISES.

John Riordan was charged, on remand, with attempting to set fire to certain premises in Walker street, with intent to defraud the New Zealand Insurance Company. Mr Barton appeared for the prisoner, and Mr Macassay, from the office of Messrs Gillies and Turton, for the Crown.

Ellen Gourlay : I am the wife of Hugh Gourlay, living in Richardson street. I know the house lately occupied by Mrs Rowse. My attention was attracted to that house on Friday afternoon about twilight. Aslpassedlobserved that the blind had been left on the window looking into Richardson street, and I saw a light burning in the house through the blind. This was in the back room of the house. I then went for my husband. Cross-examined by Mr Barton: I went back with my husband to the house. He tried to get in by the door towards Richardson street, and I afterwards saw the door broken open. Mr Barton asked : Did you say a few days previously that you thought the place was about to be set on fire ?

Mr Macassay objected to the question being put. as it was a conversation with some unknown persons not in the presence of the prisoner. The Magistrate ruled that the question could not be put. Hugh Gourlay: I am a saddler by trade; but I am now a cab-proprietor, residing in Richardson-street. On Friday afternoon, about six o'clock, in consequence of what my wife told me, I went down the lane, and looked in at the windows of the house lately occupied by Mrs Rowse. I saw a light in the backroom. I tried the door and window, but found that they were fast. I then went round to Mr Thompson's, the butcher, who lived next door ; and in consequence of what I told him, he looked in at the window. He and I

attempted to force the door in Richardsonstreet with our feet, but failed to open it. A boy, named Wyse, brought a sledgehammer, and broke open the door with it. I went in first, and Mr Thompson followed me. I saw a candle standing upright on a piece of a newspaper, and the corners fastened up around it, so as to prevent the light from shining on the window. The candle, I believe, was fastened to the paper. I saw the constable break it off. The paper was placed on the top of the old pair of trousers now shown me. They had then a smell of spirits. There was a bag of old rubbish lying on the floor near the fire-place. Underneath the trousers there was some broken grey paper lying. The pile was lying close to the partition, and the candle might have been four inches from the wall. I went to the police station and reported the circumstance. I returned in company with Sergeant Sutton, and when there I heard a key turn in the front door and the prisoner came in. Sergeant Sutton asked prisoner when he was last in the house, and he replied that he was up about two o'clock putting a bill in the window and everything was all right then. This conversation took place in the back room.

Edward Chalrner : I am agent for the New Zealand Insurance Company and have been so for some months past. I recollect the fire commonly known as the last Hope street fire, which occurred some time in December last. Subsequent to that the prisoner made a claim on me for loss of property sustained by that fire. Mr Barton objected to this line of examination, as it had no bearing upon the present case.

Mr Macassay argued that the fact of the prisoner having a previous fire on his property in Hope street, taken into consideration with the present charge, had a bearing in this case.

Mr Barton submitted that it was unfair to allow the impression to go abroad that the prisoner was in the habit of burning houses, by proving that he had a house in Hope street which was burned down and for which he got paid, and that there was an attempt to burn another of his houses. Such an impression might seriously affect the mind of any jury who might have to try the case, and it was in reality tryingthe prisoner for two offences.

The Magistrate held that the evidence related to facts and could be admitted.

Examination continued : I paid his claim.

Cross-examined by Mr Barton : Numerous claims have been made on me by persons who had houses burned down in this town, and I have paid these claim?. James Sutton : lam Sergeant of Police stationed in Dunedin. On Friday last Hugh Goarlay called on me at the station at about 20 minutes past six o'clock in the evening. In consequence of what he said I accompanied him to an empty house in Walker street recently occupied by a Mrs Rowse. I entered by the side-door leading into the back room. In the far right hand corner of the room I found the candle and paper produced. The candle was burning and stuck on to the newspaper. The corner of the paper was turned up as if to shade the light from the window. Underneath the paper and candle there was a pair of old trousers which were very wet, being well saturated with spirits, and some brown paper. There was a bag lying a few inches from, the candle. It looked like an old nail bag and appeared to be greasy. The candle appeared to be about six or eight inches from the partition, but the paper was touching both walls in the corner. There was a green and black blind drawn down over the window. I observed that the side door had been burst open. It had been bolted from the inside. After I had been there a few minutes the prisoner unlocked the front door and came in in company with another man. I met himin the front room and asked him if he had placed a placard in the window that day. He replied, "Yes, I was in about two o'clock, and the place was all right then." I subsequently asked prisoner to give me possession of the key of the house, which he did. The candle produced is in, precisely the same condition as when I found it. From an experiment I made yesterday, I find that it would take about an hour and a-half for a candle to bum down the length of this one.

Cross-examined by Mr Barton : There was a lock on the side door, but it was out of order. The blind on the window was not worth any tenant taking it away with them. There was a hole in it at the side, through which any person could see the spot where the candle was burning. William H. Pay : I am a leather merchant, residing in Walker street. I know a Mrs Rowse, who lived in a right-of-way off that street. On Friday last I saw her at^ ||the end of the Old Jetty at 20 minutes to eleven o'clock. I again saw her at 7 0 minutes past eleven on board the steamer Golden Age sitting down with her child, and she was there until the steamer left at half-past eleven. I have

not seen her since. Rosanna Veith: I am the wife of

Richard Yeith, and live in the house of Mrs Ward, in Richardson street. I was there on Friday evening last, and saw the prisoner there. This was about an hour or three-quarters of an hour before the alarm of fire was given. 1 was standing at the door wlim the prisoner passed me. Pie again passed me as he came back.

James B. F. Coylc : I am a civil ■engineer, and prepared the plans now produced. It is the ground plan of the house which was shown to me as that attempted to be set on fire. It is scaled to about halfaninchto the foot, and is correctly drawn.

This was the case for the prosecution

Mr Barton submitted that there was no evidence to connect the prisoner with the attempt to set fire to this house ; and he was. in a position to ask that the case should be dismissed on this ground. But he was prepared to produce witnesses who would prove, in an unmistakeable manner, that the prisoner could not have been at the house in Walker street at five o'clock, as stated by two witnesses, because he was in the Cafe de Paris playing billards. The prisoner was at the house at two o'clock, putting the bill in the window, but he was not back ajiam until sent for at sis o'clock. His Worship could now see the importance of the evidence which he had excluded with reference to the threats of some other persons to burn down these premises. When the witness Mrs Ward, who lived in one of prisoner's houses, wa* about to prosecute Mrs Rowse, for stealing porter, some person came to her and said that if she did so the place would be burned about her ears. He was now prepared to prove that on Friday afternoon, about four o'clock, some strange man came to the Cafe and asked for the key of the house in Walker street, which was to let as he wished to have a look at it. The key was given him, and he returned in half-an-hour, saying that the house would not suit him. He advanced it as a possibility that this stranger was Mrs Rowse's friend, who took the opportunity of carryin ; into execution his threat to be revenged on Mrs Ward for having caused Mrs Ro.vse to "be imprisoned. He cilled

George Faucett: lam waiter and billiard marker at the Cafe de Parn. I was in the Cafe on Friday last, at three o'clock, and all the afternoon after th\t. I saw the prisoner continnou-ly from three to six o'clock. He sometimes was playing billiard?, and sometimes standing before the bar when I was in it. I know that Richard lliordan, prisoner's brother, a key of a shop in Walker street to a man who was a stranger to me, about four

o'clock. He went out with it, but I did not afterwards see him return, as I was

upstairs at the time.

Cross-examined by Mr Macassiy : I wait at the bar down stairs, and sometimes mark billiards up-stairs, and am generally kept running between the two places. O.i Friday afternoon the prisoner was sometimes up and sometimes down stairs, and I swear that, with the exception of a few minutes at a time, I saw him continually all the afternoon. I have not spoken to the prisoner about my evidence, but I reminded Mr Richard that I saw a man come and get the key. This wa3 before the prisoner was arrested. He did not suggest to me that it was three o'clock when I saw him first that afternoon. In the forenoon- I saw the prisoner receive the key of a cottage in Walker street from a female. That was the key which was given to the man in the afternoon, I saw the prisoner between eleven o'clock in the forenoon and three in the afternoon. He ■was in the house during these hours, with the exception of a short time. lam the only billiard-marker in the hotel, and the table is generally well occupied. Prisoner commenced playing billiards about three o'clock, and I did not miss him out of the house until after tea. Tea is generally ready at five o'clock. I *aw prisoner go out with Mr Injector ' forton, but I cannot tell what tin io that .as. It was dark then.

Re-examined by Mr Barton : I was not out of the house that day.

Edward Watrnuff : I was in the Cafe de Paris on Friday last from eleven o'clock to one, and from three o'clock to a quarter past five. , The prisoner came into the billiard room about five minutes past three o'clock. He was sometimes playiDg billiards and looking on at others playing. I was playing. I did not lose sight of him for more than a minute, and I was sure he did not leave the room during the whole of that time.

Mr Macassay here said that he did not intend to cross-examine any more of the defendant's witnesses.

William Hale : I am a waterman. I was in the Cafe de Paris on Friday last at a few minutes past four o'clock and remained there till a quarter past five. The prisoner was there during that time. He played two games of billiards with me, and I noticed that he played well that day. He seemed to be as cool as he ordinarily is. Edward Ea3t : lama waiter at the Cafe de Paris. I was there on Friday last and flaw the prisoner. Tea was ready between

five and six o'clock, and prisoner came from the billiard room to take his tea. I remember a person coming from Walker street in the evening for the prisoner just as he was sitting down to his tea. He went straight away to Walker street without taking his tea. I could iiofc be sure of the time, but it was not after six o'clock.

Richard Riordan : I am the prisoner's brother. I was in the Cafe de Paris on Friday last, from about two o'clock to halfpast fix or seven. Between half-past three and four o'clock a man came in and asked for the key of the house lately occupied by Mrs Rowse in Walker street. My brother had said to me that if any person called for the key to see the house I was to give it. As I gave the man the key, he said he would go up and see the place, and walked away. In about half an hour the man returned and askeil me what was the rent of the cottage. I said it was Ll a week, when he said, '' It's too much; I can't pay it," threw the key on the counter and walked awny. Tne prisoner had heen out and came in at about three o'clock. 1 was serving in the bar. George Adams : I keep the Miners Arms Hotel in Walker street, which belongs to Mr Riordan. Ou Friday last the prisoner c slled at mv place at a few minutes past two o'clock. He had a key and a bill in his hand, and be remarked that he had just come up to put a bill in the shop windovv. lam not aware what shop he meant. We had a talk and he then went away. I afterwards saw him talking with Mr Thompson, the butcher.

This finished the evidence.

The Magistrate : I think sufficient evidence has been adduced to warrant me in committing the ptisoner. Ido not think I should be acting right, if I did otherwise. 1 am not called, upon to say whether the prisoner is guilty or not guilty ; I am siaiply asked to say whether, from the facts stated, there is a probable presumption of his guilt. I think there is, and it follows, therefore, that it is my intention to commit him fur trial.

Mr Barton : Will he be allowed out on bail?

The Magistrate : I see nothing against it at present. But I will not yet give a decided answer. I should like to think over the matter for a short time.

Mr Macassay : There is no desire on the part ef the Crown to press nnneces sarily hard on the prisoner, but it is required by the community that the greatest precautions should be taken n gainst the possibility of the prisoner evading tne law. We certainly submit that it is undesirable that any of the relations of the prisoner should be surely for him.

The Magistrate : His sureties on the last occasion were not connected with him bj' relationship, and I will take care that they are not so now.

TheprNoner was then committed ro take his trial before the next Crimin ;1 Sessions of the Supreme Court.