RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume VII, Issue 2015, 19 June 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

.' this day:. «,,.. , (Before J. Kh.go.uk and 11. Goldsmith, ' .Esqs., J/sT;) .■'■'■■ John Russell alias Bosser had been ' arrested on'suspicion of being of unsound mind. Mr Bii^ep said the man was.anjn- aa Tcter'ate drunkard, havjng been convicted' .several t:mos lately. He' was evidently ;suffering from delirium trenioris. and he .(Mr Jtallcn) world ask'for a remind :-t;H M.onday. ,- , ■ • „ Remanded tiU Monday. " '"'* ''* l .-.-.- LABCENY FBOM A DWELLING. i<--ir,',s

Sabina Burke was charged, on remand from Tuesday, withTtbat she did, on or* about-the'lOtii instant', Afrom tbo dwelling house of JohnHendj, steal.-take and carryaway one bank note for £10 and ihi cc bank notes of the value of £1 each, the property of the said John Hendy. - ~. --; ■ v -,. "■ Mr Bullen said on the first occasion prisoner was charged -with stealing £10 ; since then'it "'had been di scorered "'that" three,, pounds' more were "missing: Vile? would ask to withdraw the p'renqu/informatibn' and substitute the. present. The information was laid under the-60th section of the Larceny Act, -under, which, larceny from a dwelling of arL'cles oyer the vaiue of £5 subjected the"offended to penal servitude. -Mr BuHcn then referred to the evidence in the case, which, he said, would be purely circumstantial, ?*btifc pointed directly to the prisoner. Tkd money bad not'been recorerea.,^.^ . --"k The first witness called was—

* John H endy," who, being swo^n 1, said—l am a settler residing in Grey-street.-* Enow the prisoner by'the-name of "Sophia." Her surname ia. " Burke." camb io ray house .'' about ..the . bight" ;of !l the 10th ond asked my" wife to iUlowvJi'ef to stay in the house thaf.night.'-'X'don^ know what she saidjto. my wife"! '" My wife asked me if .shcropnld stay, and as I thought she was ifter coming out of the hosmtal' I let her'stay. •'- She; cfid stop— until the following' Monday, scrubbing and one thing'and another. I had some money in the house when prisoner camej kept in the?l.cash^bos-produced;' The money of three, £10- notes, pno '£5 note and ten £ln^tes,6nehalf-soVereign and seven sh'llingsiri silver. I had the three tens and thefive-rolledvTip together, and the ten one ;pounds<;were". rolled, up and placed beside r them in the^ash^boi, the "other money "being :ori top ~6f l the ■riotes; lam certain that'money was in the cash box on the 9th, as_l_countqd.,jS. After I had counted the money I locked the cash, bQx:. and placed'th?/key in a collar box alongside the cash box on a che.«t of drawers-Jn-my bedroom. On Friday night 1 next opened the cash box. I didn't count the;money ,that"n?ght-fit, was the same way as I left it. Prisoner was still in the houie, making herself generally useful. My bedroom is in the front; the -prisoner occupied one immediately in fcherear. Irememberlast Sunday,, the'l3th 1. I attended'divine worshipvith my family-on that day.-r-my wife and one of the children; a boy.' Prisoner was' left in. charge of, the house and .three children. I never thought about looking v after-, the money on Sunday. On Monday, the 14th, I; went'to the cash box v ; I discovered my.losg^first,before Mrs Hendy. On"opening the box the notes were:scattered,About,, and..! missed a* £10 note at once. '" I was very excited. I didn't count the one pound notes, but just run them through to see if the £10 note was amongstrfhem.^ I don't know the numbers- of any. of the notes. Missed the. .three £1. notes,the next-day—the evening of Tuesdays the 15th. It.was about two o'clock, on Monday when I discovered the loss of'the £10 note. I called my wife into the bedroom. The accused was in. the'adjoining room at this time, the one she occupied as ..bedroom. Told my wife of my loss, speaking to' her but loud. The partition was only a single _ one,. and the. prisoner could hear what,l said, to, xay t wife. I said to my wife " It must bY this one} - meaning the accused,"who took the £10 note." My wife wished to accuie.'the prisoner of having stolen it, and she went into the room. I-heard her speak'ng- to the accused about the money, but don't " recollect what. My wife came out and said nobody but the accused.could take the money. After a little the prisoner came to the door and said,- " Mr Hendy, if 5 you suspect me you'd, better search me." I said in my'owri mind it J was uo: use searching her then, as she had been out of the house that morning and would' have the money planted. Sheweni out again and returned "about: four ia tho evening. I thought she wouldn't como back and-went out to look ,for her, and met her as' she was 'returning.'- When she got into thehouse I accused herat once of stealing the money,- arid asked her to fiive it up. I said if sho didn't give it up I would go for Detective Brerinan, fed she replied that I might go away. Sho didn't say whether she had the money or not.- I left accused and my wife in-the-room and went for JBrcnnan. On returning with the.detective prisoner, .was no^ there; and I didn't see • her -afterward* until I saw her in custody. Nobody liadipermission to tako the money out of my cash box; ' -■-.•" ■•-,,•=.

, By the Bench—l am not certain of the ■day prisoner came to the house. 'I put money in the cash box on the 9th-and counted it on the 11th, when I am certain it was there as I left iti' I didn't ask any questions about what was done during my absence at church. ''";, r' \ ! Prisoner declined to c'ro3s-exapiinc the,.' witness.'' -' „- *-': " *;1 Helen Jlendy, deposed—That;she was' the wife of John Hendy, the last witness. (Mrs Hendy then detailed the cirGumstances of the accused coming to their house ; the fact of tho money being ici " the cash box in her bedroom. With re-V gard to the position of the money," witness; said it was in the right hand compartment - of the box." The witness''evidence was" mainly corroborative of that given fiyher husband.) She said accused 'did"not re-, main in the house on Thursday night/Dut: returned again'on Friday, when she. said she had got a Situation, but itwai noV ready for her. She would stay and'do' some cleaning. She went into witness' room and remained an hour, when witness thinking she was very long went in and

found 'that all tho,things on the drawers Lad been removed and put Back again in a different way. ISTothing more had been done although accused was in a " considerable " hour. Witness'didn't examine, the cashbox. Acciis'ed're'niained' on 'Friday, and slept at the house again on _ Saturday night. On Sunday, morniug witness, her husband, and ttio! eldest boy went to prayers, leaving prisoner and the other children at.hom.e, ; When they? returned accused'- was standing' in * witness* bedroom. f>he said at once, " I brought your litt'e girl into the room to stop with me, 30 that if there's -anything gone or lost you won't blamo me for it." Witness replied, " I have never blamed you for anythm^haVeßF-?'& : Stfe o*aid,«- ; but you may do .after I'm gone." .Went into the bedroom but nothing had been done to it; it war in the same disorderly state sho had If ft it before going to prayers. Went to dinner, and something ■wwrtgiid about bcerv, Accused said, "I'll ; shofesdnio:"^ Witness said, "Perhaps yevi'liave no money,; I'll send my little girl for it." Accused wished to go pnd went, tailing a square bottle with her. She said she would go to Morrow's, the Prince Arthur Hotel for it. . She w.cnt for' beer, wa£ .'half an( hour Jaway^ khd| returned with' lthe beer. "; In! answer to witness, who said accused had been a long time gone, she said -,-.", ph, the house was full j there wore from eleven, to a dozen playing-cards. I knew most of them, snd one in .particular—an, old -sweetheart of niine.j- He gayejnie this—holding; out her hand—in which wera a half-sovereign and some silver. Witness said "How fortunate for you to go,-to,, meet- a friend to. give you that." She replied " yes it was fortunate ; " adding, " How much will yoUj- take.| for: a/ dress}" - preferring -to one ' of'witiie'ss'V '^Witness 1 said '155," arid accused bought it and paid for it after. - Accused stayed.in thehouse during Sunday night. On Monday witness went to the cash box. Found the key in the collar boxH a«: [u,suai; ? \ When i witness.; iopene'd. the box she obsei red that there was no silver and the notes were aU disturbed, but in the same 1 compartment. Turned the notes on one side and at the bottom was the silver. Took half-a-crown and a one pound note. -Didn't count the remainder of the money. It seemed strange to witness, but she thought her husband h.adtaken;;th,e.silver,>hPrisbneriwas away by this time. Her husband was at the door. Witness did- not-say anything to him about the mpneyr.'/Aftor taking the money witness locked the cash box and ptit the^eyi'in/theT^me^plac^/Jf Accused ■ returned directly after—that "is, about half-an-hour after. Witness said to her hu'gbaiid%ad hebeeti tb'tKe ca'fcir box and taken any money,! as witness* found the silver at the bottom"^of the box. Ac? cus'ectl was * within fiekrin'g. J ?i Witnies|' husband;said he had not. been near.ikHe^thet^ wenUfe-the'>dash J<bbxM and/ witness followed, when he had the. eashMhoi dnMs^knees'. -He Opened 1- 'the' compartment and counted the; money ,in iritiiesV'" -when?; he exel aimM» ••.There's a £10, note gone." ;.-Witness exaffiined notes'^terseif^ and ;¥a'id.: .''Yes, there 4s; and more, than £10," H« Husband 'threw ;:fche' cash, box dSwii andjnmp,e4upt.quit^ in,a rage., The girl t Was in* tne rkitchen- and- Heard every '; word' *said f . Witness ,put r the „notes: ib ack into, tHe'-basn ji3o"x'!' and werit 1 into rthV! Ktcfieir where. r ,.accused was. -Witness.,said n " Have"yojtt f<se'ea "any' bf 0 the" 'children" tpuch-this cash rbox, or ; do.. you" know who hks' sb!een'af Uf y>i ; '<J^; i':she:replied. Witneas said;;there wasi a, £10/ nofc.jg-pne,, aidd i£ 'her tiutband hacl'patience he would' hay t e_..f9und.4her,e v ,was more.n Aco^spd, aaidi " Say-iio more'abbutthe :£lo'or the' iO9ney>no,vr. .rlf|!LgQ>tp a, p,laqe,-Irli v ",Lelp; you?' "'" Wiianess""told accused not" io Bp>a,k M like,,.that,^o. h,er,,--.as : , she^rd.idn.'{{ Want "'?aiiy &elp JJfr6in " her.' "' Witness" then., '^ent^.-back . tPjt.he.r , .bedroom, > ■ Albout ten minutes. a'fier accused oHerod • herself, tp.be search.cd.. „,WjLtoe.ss.. sai^she, wouidleave" thai.Tor her husband la do;: I>urj.i?g.theftime.witness,4eft accused^n. the kitchen and her Jcomiiig to "'the bed-, room,, ;witn.ess f he^ird a/iiois.e 4n ; . the n r.pom T occupied'by"accused. "She tneri said she was: goingtpuj/,jand immediately, after^shgj left the'house', 'She was fully dressed to gp .piiti^^ked .^accused jtpj'jtake tout ;»;; child about four years of age, her reason for doing.sa^eing^tha^ she. should ;Pometack again. 'She: came back again about fiTB ? ;,:p'clgck» * ...husband ; hein'g-S •with her. They shut the doors, when appiwed ;went.rint6;lier jpjra .rponi,-: witness anil her husband following. Witness' h^sb^ndfsaid,Erf'HGite;me the the money Sophy. You have taken it. Eowill? rsayanothihglomor6ir;aboul/''!-itv^-; Accused got into a dreadful passion, jumping and striking"her hands, and' Say--ing she didn't care for anyone. Mr Hendy thrieaten'ed accused with- Betecttve , Brennan, and she said she didn't care. fo_r, himisi; h Witness'>;- ■' husband ; "went > "Put;' and witness asked her•- several times tbs si^'dbw^fibut'J sJiS'declitißai i{siiyiffg(; she would r stand. if it wer^e three hours Kjj^:3BFeriria& caj£^ and wen,t to .the kitchen, ac t -.. existed^ol!6Ving:.: >:ssA'sl£ed Ker a^ain'to sit downjbut she Y°uld hot. ,-. r She ranintq, her^bwn^rFbm""^^^ 1 behind!the dobr^wfiere 1 a box .was.., . T Witness v notiqed her to stopp. ( - and ge]t'iip'"again,] directly 'aftet*doming' back into. tho. v kitche.n.,, son; James* Me'cf.'ca'nie ;ijir' ai! -the frorif Übbri Accused-y^th.eii^standingr .^t thp,.b ; ack d'obrVwhiclV witness' £s6n opened and' went out. Accused caught,thejiagtening,,and., said—'? Don't Be irigntenedV I am'not going;" and with... that she went out and closed, the door after her. Witness' little boy crie.d..out) '^Sppjiy's running." Sent the little boy to follow'hier where she went, and perhaps ;/he'di;meet,;:histr:ti9Witness saw her running/away., v ls To 'strangers had access:ftOf^itnesarbedroom from the 9th to the Mth. Didu'f.leave the house , during .jthatj/time. except i\im> the Sunday. All the mnney witness topkoUt of the cash box was ; £1 note, .halfWsovereign and 25,6 d in.silyerj ,iGave no one else any authority .tor take/mpney out. By^theoCpurt^Did .npti.ascerta.in tho exact amount lpstjUnMl;.the day after the £10 was lost. < A^-i; jC!> k r^he= Court .adjourned-for ,;a"n hour'at' one o'clock. itoi:>

On the Court resuming, Mrs Morrow gave evidence disproving accused's statement that* she ootained money at the Prince 'Arthur JHotel' from an old sweetheart. Two children of prosecutor's wore also examined regarding prisoner's runD'ng avray.i '." r\ > , > * •' After" the usual caution, the Bench, committed the prisoner for trial at iho next,sitting_of,the Supremo Court in Auckland. The Court then adjourned* , .