Magisterial.

Star (Christchurch), Issue 107, 16 September 1868, Page 2

Magisterial.

* CHRISTCHURCH. This Day. (Before C. C. Bowen, Esq., R.M.) The Illicit Still Case. — Mr Harper applied for a re-hearing of the case in which L\ I'isch was fined for having an illicit still in his possession, but his Worship said ihat such proceeding vras not possible in a criminal case. lioBBKUT. — James Andrews and George Coker. on remand frun yesterday, were brought up charged with breaking into a dwelling-house, and stealing property th-re-frora. Mr Garrick attended to watch the case on behalf of Albert llyman, one of th« witnesses. Kdwd. Moore said : lam a general dealer, and lire at the corner of Tuam and Durham streets. About seven o'clock on the evening of the 16jh of May last, I had occasion to leave home, but saw that the windows and doors were fast before doing so. I was absent about a quarter of an hour, and on returning found the front door had been forced open, and the articles mentioned in the schedule No 1 (produced) stolen. ■orae of them were in a box. I had put them all carefully away before leaving. I at once gave information to the police. On the Tuesday following I saw ihe articles mentioned in schedule No 2. They had been found in the Dean's garden. The box and bag produced are those taken from ray premises, and in which the articles were found. I know a dealer named Albert U v man. I saw him on Monday last, and lie showed me the articles mentioned in schedule No 3, and now produced. I identify them »• part of those stolen from my house

in May. I can swear to them. The articles stole* cost me about £6. Those now produced are worth about jE3. I recollect seeing the prisoner Coker shortly before the robbery, and showing him the jewelry. The articles now produced are not in the same state as before they were stolen. They were then new, but have had something done to them since. By prisoner Andrews : I do not recollect ever having seen you before. Albert Hyman : I am a dealer in jewelry, and lit ing at Uncle Tom's Coffee House, High street. The prisoner Andrews has also been liring there for some time. In a conversation last week he asked me if I would buy some jewelry, as he knew a man who had some for sale. I said *• Ye«, if a reasonable price was asked." We made an arrangement for next morning, and went across Lane's bridge and down Hereford street. I asked him where he was going, at I could not go far. He said, " Oh, my friend has left the jewelry in an old house up here for convenience, and it is not much further." We went on, and when near Capt Moore's residence, prisoner went into a gorse hedge and brought out a handkerchief ■containing the articles produced, and •of which the schedule No. 3 is a correct list. He asked me £1 10s for them, but they were in a very dirty state, and I said they were not worth that sum. I offered him £1 for some of them, but we did not come to terms. He then went back with them into the gorse, and we returned together. I *aw him again on Saturday last. He asked me if I was yet willing to give him his price. I said " No," but offered him 255. He would not take lets than 27s 6d, and I agreed to give it him. He went to another hedge, near -the Government Dotnatn, where lie brought out the same parcel of jewelry, and I paid him 258, with the understanding that I was to give him the remaining 2s 6d next day if the articles turned out to be any good. He asked me not to say anything about the transaction at Uncle Tom's. I took them home, cleaned the articles, and showed them *o several people at Uncle Tom's. I have since pointed out the places I went to with prisoner Andrews to the police. I handed the jewelry •over to the prosecutor on Monday last. Wm. McKellow : I keep Uncle Tom's lodging house, in High street. Last witness, and the prisoner Andrews have been living there for some time. On Saturday, Hyman showed me ■the jewelry produced. It was in a very dirty state, and has evidently been cleaned since. By prisoner Andrews: I was well acquainted with Hyman's stock of jewelry, having frequently looked at it. I have never seen any articles Bimilar to those produced amongst Hyman's stock. I never heard of you having ipld Hyman the articles produced. Hyman did not say where he had got them. I know how Hyman obtained his own stock of .jewelry. It was sent to him direct from his father in England. It was adressed to me, and I got Mr Louisson to clear it. I do not know of any peculiar circumstances respecting Hyman's stock of jewelry. Harry Feast, detective of police: 1 arrested the prisoner Andrews at McKellow's, on Monday evening, about seven o'clock. I told him he was charged with having had stolen jewelry in his possession, and selling it to Hyman. He said it was a lie, he had not done so. I questioned him about going up Hereford -street with Hyman, and he acknowledged having gone as far as the Domain with him. lie said he had just come from Otago. lie gave the name he stands charged under, and 1 took him to the Police Depot, where Hyraan identified him as the man he had purchased the jewelry from. 1 have seen the two prisoner s together several times in a back parlour at Plank's boarding-house during the past fortnight. By prisoner Andrews : Ido not remember Hyman saying at the depot that he had paid you 30b fur the jewelry, and owed you half-a-crown. By prisoner Coker : I know that you have been living at Plank's. I never m^de any enquiries •what Andrews came there for on the •occasions when I saw you together. Peier Pender, Inspector of Police : I recollect prosecutor Moore reporting, on the If th of May last that his house had been broken into. I went with him to the premises, and •aw that the door had been forced open <>n the 19th of the s»me month, the articles named in Schedule No 2 wi.re brought to the depot, as having been found iv the Dean'n garden. . On the 14th ol the present month, the prosecutor «n'l Hymnn came to tbe depot with the articles n:-med in list No. 3, excepting a locket and ear-ring. llyman described the prisoner Andrews, who during the evening was brought m the dejot by Dettclive Feast. Hyman was again pre-ent, and identified him as the man he h (1 purchased the jewolry from. Andrews denied it. About half-past nine the same evening the prisor.er Cok«-r was also brought in !>y luusr. I asked him what was the name of the nun I hud seen him crossing Lane's bridge with on Fri 'ay niyht previous. He replied that it v*us Andrews, and that he was all right, as he had known him on the Dunstan. He also said they were great friends. I then told Coker of Andrews' arrest, and charged him with being an accomplice in the rohbery. He replied that he knew nothing whatever about it, as they wire living ai different places. Ab'>ut nine o'clock on Friday night I saw the two prisoners cross Lane's bridge and go within •bout 100 yards ot the spot where Andrews showed Hyitan the jewelry. I was in plain cli.thes, and stood and watched them. I have since examined the place where Andrews first tock Hyman to. 1 found a hole dug in the ground under the gorse hedge. From the appearance of the soil it had evidently been recently disturbed. By prisoner Andrews : I do not remember the exact amount which Hymnn said at the depot that he had given you for the jewelry. 1 believe he said 255, and that he owed you 2s 6d. By prisoner Coker: I swear that after crossing Lane's Bridge with Andrews, you continued straight on towards the Domain. You did not turn on to Oxford Terrace when near the Literary Institute. Thomas Leslie: I keep an hotel in Lyttehon. I recollect pri-

•oner Coker coming to my house about two months ago. He had corns out of gaol a short time previous. In a conversation he aiked me if I would buy a hundred pounds worth of jewelry which was in Christchurch for fifty pounds. I said "So." This was at the door, and he spoke to me in a confidential manner, remarking that he knew it would not go any further, rie said he would bring the jewelry on Saturday if I would purchase it I refused to hare anything to do with it. He then went away to Christchurch. By prisoner Coker: You were quite sober during the conversation. John Plank : I keep the Britannia Hotel. The prisoner Coker has been residing with me, and Andrews has called several times to have a glass of beer. I have seen them together several times, but not privately, and I do not know whether Andrews came purposely to see Coker. I hare seen them leave the house several times together. George Jeffrey, constable of police: I have been on night duty recently, and have frequently seen the two prisoners together during the pait month, at about eleven o'clock at night. By prisoner Coker : I taw you together at that hour during the past week. It i 8 fully a month ago since I first saw you together. The evidence having been read over, and the usual caution given, the witness Plank was re-called by desire of Coker, who desired to refute Constable Jeffrey's evidence In examination, he said Coker had been living with him since August last, and always went to bed either before or shortly after 10 o'clock. He was never out after 11 o'clock. By Inspector Pender : He might have been out between 10 and 1 1 o'clock, but witness did not think he had. The prisoner Coker said he had nothing further to bring before the bench. He could only deny all knowledge of the affair. The prisoner Andrews said he had never sold jewelry to any man, nor ever had any in his possession. He had never been in Canterbury before three weeks ago. His Worship said ho must commit Andrews for trial, but askad whether it was likely that any further material evidence would be produced against Coker. Inspector Pender said he did not know of any at present. His Wor. ship said ia that case he must dismiss him. He had certainly been with Andrews—supposing Andrews to be guilty — under very suspicious circumstances, but there was no case to be sent for trial.