POLICE COURT.-Yesterday.

Thames Advertiser, Volume IX, Issue 2461, 3 November 1876, Page 3

POLICE COURT.-Yesterday.

(Uoforo Dr AMOUR, IV.; and H. GOLDSMITH, ■Esq., J.P.) BnEAOH OF THE PEACB.-John D. : Wickham and John Cook were charged with behaving in such a manner in a public place as to cause a breach of the peace.—Mr Macdonald appoared for Mr iCook.— Mr Wickham, before pleading, took exception to the constitution of the Ocmi One member of it (Captain ; Goldsmith) had a personal animus against 'him, arid if was not long ago since he made an ineffectual attempt to prosecute him for libel. —Captain Goldsmith said , that' was false.—Mr Macdonald suggested 'that, in that state of thiugs, where one of the defendants objected to a member of !ho Court, and that member of the Court Iliad told the defendant that what he said was false, if would be as well to hare illto matter disposed of before another Justice.—Captain Goldsmith, then retired from tho Bench, and his seat was taken bylC.W.P.uokey,Jfsq.,,J.P. (Before Dr Kttfloilfl, LP- and 'ft V. PUCKEr, Esij;., J.P.) ii The defendants were then charged.— jMr Wickham pleaded not guilty.—Mr ; Macdonald (who appeared for Mr • Cook):' said that Ms client had beon irritated by something which appeared in a public print with which Mr j Wickham was intimately connected, land it was; just possiblo that he had been led into conduct which constituted a breach of the peace. I If was, however, no premeditated 'assault, but whoever began it, before it ended moro had been done than could justly-be called selfdefence, and on 'his advice Mr Cook pleaded guilty.—Mr Bullen said that Mr Macdonald's statement was borne, out by what had been reported to him. He called Joseph Bryan, who deposed that he was a cab proprietor and driver. He was on tho corner of Albert and Brown streets on Monday. He saw Messrs Cook and Wickham on the footpath opposite the Nil Desperandum Hotel. He heard some loud talk, and saw Mr Cook strike at Mr Wickham. They then came out of the passago, and had a few rounds, and Mr Cook was knocked down. —Cross-examined: He could not say who was the • aggressor, but he saw Mr Cook follow Mr :Wickham up in the passago. He was the attacking party all through.—William Weston, a eabdriver, deposed-that he saw the disturbance. He was standing at the Wharf Hotel, and ran across. He did not see the first of it, but he saw Mr Wickham striking Mr Cook. He could not tell who was the attacking party.—Mr Wickham said that ho had struck Mr Cook in self-defence. Mr Cook attacked him, and notwithstanding what Mr Macdonald said, this assault, was not committed in consequence of the jest in the Thames Exchange. It was premeditated since a meeting of the Golden Arrow, and he had endeavoured to avoid Mr Cook in consequence of'what he said he would do to him.—Bryan was re-called by'the Bench, and stated that the first blow was struck by Mr Cook.-The Bench said that it appeared from the evidence that Mr Cook was the aggressor, and he was fined iOs, or in default a week's imprisonment; and fined Mr Wickham 20s, or in default threo days' imprisonment. • The fiues were at once paid, as well as the costs, which in both cases amounted to £1 lis.

(Before Dr Kimour, J.P.) , Bubgiaby.—Thomas Jones, Palrick : Bedford, and James Copland were charged that, on or about the 31st ult., tlioy did feloniously broak and enter iuto the warehouse of John H. Smith and steal therefrom ono adze, value 3s Gd; two adzes, value 12s; two adzes, value 30s; five 'chisels, valuo 10s; one dozen lines, value 18a; two gimlets, value Is 4d; and one package of screws, value Is; in all of Ihe value of £3 17s lQd, of the goods and property of the said John H. Smith - Mr Bullen said, before saying anything in rogard to the evidence to be adduced, he would say that he did not intend to produce any evidence against Copland.— Copland was thon discharged.—He then referred to the circumstances of the case. He said the prisoner Jones had made a clear statement of the whole facts.—John Henry Smith deposed: I am manager for Messrs Stone Bros, at the Thames, carrying on business as ironmongers and general merchants. Tho warehouse is situated at the corner of Burko and Owen streets. No one sleeps in' those premises. I recollect tho night of the 31st. I was in the store until' a quarter to 9 o'clock that night. I then left the store and locked tho door. Mr. Hazard, tho storeman, had previously left, and I was the last on the premises. I again visited the: store at nine,o'clock the following morning, and saw; Mr Hazard. Mr Hazard has keys to tho store as well as me. I went to the office in the store, and found the axe produced on the desk, an old miiiiug pick produced in front of the safe with the two pieces of file produced, and a key. A parcel of files from which the broken one produced had been taken was lying on the office table. I examined the safe. There were no marks in tho vicinity of the safe, but I found marks of the pick where it had been used prizing between the safe and the stand on which it rested.. The paper of the wall at the side of the safe was burst, and the pattern obliterated. It was not so when 1 left the premises the night before. I then closed tho office, and went to see Detective Brennan, and when I returned I examined the back premises of the store, and found that a sash and two panes of glass had beon broken, and another sash with a bar broken. I concluded that an cnlrancehadbeen effected, for those windows were not broken the night before. I missed tho two Amorican adzes produced, but from the voluminous nature of the goods in the store I could not at ouce detect whether anything else had been taken. The adzes were on tho i counter the previous night when I closed tho store. I also identify the other three adzes produced They Lave our private mark on them. I also identify the five chisels produced, and the dozen of coUon lines and the two-gimlets and the packet of screws produced as the property of .Messrs Stone Brothers, which were in my charge. I did not sell or give away any of the property enumerated. I saw the property in the possession of tho police yesterday morning at the polico station in Qrahatnstown. I had seen Bedford in the store more than once, but that was four or five monlhs ago. I cannot say I recoguiso tho prisoner Jones. I value the property produced in the aggregate at £3 17s lOd. —Cross-examined by Bedford: I saw you in the store only when business brought you there.—William C. Hazard deposed: I am shopman at Messrs Stone Brothers' warehouse, of which last witness is manager. I was first in tho storo yesterday morning at 8 o'clock, I observed, on entering the rear of the shop, a towel pulled down, and about two dozen matches on it. I missed the two Amer'can adzes from tho eouuter. The draws bohind (ho counter were open,

At I his time Mr Smith came in. All the outside doors were closed when I reached the store in the morriing.-vThomBS Jones ;(one of the accused) deposed : I am n sailor, and for some time past I was at Tafrua working, where I made acquaintance with Bedford. At present 1 am a prisoner in custody with Bedford, as boing concerned in tlm robbery. I came from Tairua last Sunday week with Bedford, and have been stopping at his house since t I did two days' work at the Kuranui battery. Bedford was also working there. I know the Moanataiari ibattery, I recollect last Saturday night I was with Bedford on that night. He wished me to go into the Moanataiari battery to get amalgam off the plates, and I refused, and wo went home. About 4 ( o'clock on Tuesday . afternoon Bedford came from work, and we wero together all the afternoon and evening. We met : Oopland, who came to Bedford's hoase, Ho was also working at the Kuranui : battery. We all three went drinking. I do not recollect what time Copland left us. It was, I think, about 9 o'clock. I next saw him after 8 o'clock yesterday! morning. After Copland left us Bedford j •and I went to a store on the beach kopt

|by Mr McDonnell, and in a short time !wo returned to Bedford's house, and while there we were both talking of going to ;Stone Bros, for the purpose of getting into the safe to see what was to be made iWe intended to break if open. It was .agreed that I was to go in, and that he would stay outside and watch, 1 have ! no experience in breaking opon safes. _ I iproposed to break it open with the piok jand axe produced, which we brought i with us... Tho axe belongs to me and the :piqk to .Bedford. I carried tho axe ,and the pick from Bedford's to Stone's.. Bedford was along with me.- I don't know what time of night it was. I was the worse for drink at tho time, but I think it was between 10 and 11 o'clock. I \ know the. bag produced. I brought it ;from Tairua, and I carried it from j ;Bedford's house to .the store to 'put into it I whatever I could ;find. When we got to Stone's Bedford ! lifted mo over the fence into Stone's yard. I was .never in Stone's place before tho day'before yesterday, when I went there to: get a few shillings which were due to me by Mr Walker. Mr Smith paid me at the counter. I then Isaw the office, but I had then no plan made up to rob the store. The plan to irob the store was only agreed upon between us on Tuesday'night. I proposed .to rob the.store firsthand Bedford agreed. When he lifted me over the fence it was not agreed what I was to take out of the fltore. I was to take anything that came to hand, and was to try the safe. He was to keep watch, and whistle as a signal if 'anybody was coming. T broke open the window at the rear with the axe, and went into the store, taking my axe and pick iwitli me. I had matohes, but no candle, ;I struck a light and went up into the ;shop, and looked into the tills, but found •nothing in them. I then went into tho .office and tried the door of the : safe with ;a small key which I found hanging up at the'back of the counter, but it did not fit it. I left the key on tho flour. I then fetched the pick which I had loft outside the office door, and tried to prize opon the door of the safe at the bottom. I had no light, and it was dark in the office at this llimo. I did not use the axe, but when I took in the pick I also' took in a package of files which I found bohind the counter. I took one out and tried it get it under ithe door of the safe, but the file broke I thon desisted from further attempt on the safe, and went into tho shop out of the offico, leaving the pick and the axe after me. I then took the articles now produced from the shop and put them into the bag. T do not recollect taking dowu a cloth after I went into the store, but a lot of matches fell out of a box which I was carrying. Ido not know why I did not take more' from the shop. I was light at tho time, and did not know what I was doing. I left tho store by auother window, through which I forced myself. I broko the sash of it. The glass was

already out, I got info the yard and carried the bag to the saruo place where I had got oyer tho fence before. I reached the bag oyer the fence to Bedford, who was outside waiting for me, and I then got oyer the fence myself, and Bedford gave mo tho bag, and we went homo together to Bedford's house. : Bedford said, We will plant them; and I went and got an old adzo in Bedford's back yard and dug a hole. Bedford was standing beside me with the bag in his hand; and when I had : the hole finished he put the bag into it and covered up the hole, and wo went inside. I did not put anything on tho hole, nor did I-see Bedford do it. I wentout and fetched a pint of-beer. Thero was nothing further said about the things that night; and after wo had drunk the beer we turned in. Copland came in the morning and woke us up, and there was nothing said of the robbery tho night before. I recollect you (Mr Bullen) and Detective Brcnnaa- coming to the house yestorday morniug. You told us you were going to search the house. Detective Brennan, by your instructions, went into an inner room to search it. I saw you rooting about the yard with your stick at tho place where Bedford and I had deposited that bag the night before. While you were rooting there I do not recollect Bedford saying anything to me, but his wife did. She said you had found the things out. Ido not recollect anything else she said. I was not quite sober I hen. You arrested mo in company with the other two meu. Bodford and Copland, on the charge. When I was arrested' Mrs Bedford told me to

say it was I had done it, and I did say it was I did it. I subsequently made the statement I hare given in evidence to-day to Detective Brcnnan. I made it voluntarily, without any promise of favour or any threat.—Accused Bedford declined :to cross-examine Jones, saying, that he would reserve his questions, for ho could see that Mr Bullen had Jones so posted that he would swear anything ho put iuto his head.—Kobcrt Bullen, officer of cons'abulary in charge of the' Thames district, deposed: On receiving information of this robbery, I procoedod to Stone Bros.' store yesterday morning, and made an examination of tho premises. In the office I found the two .portions of a broken file produced and a packago from which tho broken one had evidently been taken. u l also fouud the axe and tho mining pick produced. I saw tho wall paper broken and rubbed immeJialely in front of the safe. Tho wooden stand on which tho safe rests was indented in several places. The point of tho mining pick fitted those marks. In the store t found a pane of glass had been broken, and upon tho sash bar two cuts, such as would be made by tho axo_ produced. At another window, in which I should judge two panos of glass had boon ■wanting for some time, I found tho dividing porlion of the sash had been forced out, and was resting on tho ground under the window. I got Detective Brcnnan to accompany me to the houso occupied by

Bedford, where I found Bedford, his wife, Jones, and Copland. Copland was standing in tho yard outside tho back door; all the others wcro in a back room facing the yard, with the door open. I addressed myself to Bedford as proprietor of the house, saying I wish to search these premises for the proceeds of a robbery committed at Stone Bros.' last night j have I your permission to do so? Ho replied, what robbery ? I know nothing of any robbery; you may search i you like. Detective Brennan wont into the kitchen next the room in which the prisoners were to search there. I stood at the back door. The yard is a small one. About twelve feet from tho back door, under a shed, I saw a piece of old clothing spread out. I went to it and turned it over with my stick. The ground under it appeared to have been recently disturbed. I turned, the ground over .with my walking-stick as deep as I was able, and forced the stick into the ground, and felt an obstruction. I cleared tho soil away, and from a depth of between, two and three feet I pulled tho bag out'of tho hole It contained fire adzes, five chisels, one dozen cotton lines. All the prisoners and tho prisoner Bedford's wife [could have seen me take this bag out of the hole from whore they were. I immediately returned to the room and arrested Bedford, Jones, and Copland, charging thorn with having _broken and entered into Stone's premises and stoleu this property. _ Bedford denied all knowledge of it, saying he was at work, so did Copland and Jones. Bedford's wife, who 'was present, said to Jones tell tho truth, Tommy, tell the truth; and then Jones said I did it, the other two had nothing to do with it. We brought the prisoners to the watchhouso at Grahamstown. Jones was escorted by Detective Brennan, I saw the two gimlets and the, package of screws taken from his person. I then left the prisoners in the custody of tbe police there. Copland and Bedford were sent to Shortland, and Jones was detained in Grahamstown.—Detective Brennan deposed; I accompanied SubInspector Bullen to tho house occupied by Bedford yesterday, for tbe purpose of making a search. Wo went in "by tho back door, and found the two accused and Copland and Mrs Bedford. I heard a permission accorded to search, and I went into an adjoining room to search it. I also went into a room off that again. I saw Mr Bullen go into the yard. I was then immediately behind the prisoners, I saw you rooting the ground with a stick, apparently trying to uncover something. While Mr Bullen was so em< ployed I noticed that all their-attention was directed towards him. I moved towards a cupboard which is in tho back room, and heard Bedford whisper to Jones, say you done it. lam positive it was Bedford who spoke, I turned towards the door, and just then Mr.Bullen came in and arrested the prisoners. I heard them charged, and they all at that time denied all knowledge of it. I heard Mrs Bedford say to Jones, tell the truth | Tommy, and Jones then said that ho had taken the things, and no one else. The prisoners were then taken to Grahamstown station. I escorted Jones. lie made a disclosure to me in the yard of tho police station. It was in Court to-day when he gave his evidence, which was in substance the statement he made to me, It was in consequence of my asking him what Bedford meant by tho remark I overheard that ho made that statement to rae. Ho mads it voluntarily of his own accord, I held out no promise iior threat lo him to induce him to make this statement. I reduced the statement ;to writing aud read it over to him, and ho signed it. That is it pro.luced, and that is his signature appended to it.—This was the whole of the evidence, and tho caso was adjourned until to-morrow (this day). A Second Case,—Samo prisoners wore also charged with breaking into the promises of .Edward McDonnell and stealing 2s 9J in money and stamps valued for Is sd. This case was adjourned un'il this morning.