CRIMINAL SITTINGS.

Star (Christchurch), Issue 714, 6 September 1870, Page 2

CRIMINAL SITTINGS.

Mondat, Sept. 5. (Before Mr Justice Gresson, and Common Juries.) In the case of Smith and Robertson, charged with stealing from a dwelling, which was not concluded when ive went to press yesterday, Smith was found guilty, and sentenced to 18 months' imprisonment. He pleaded guilty to a previous conviction. Robertson was acquitted and discharged. LARCENY. John William Freeman was indicted for stealing two pocket-books, a piece of calico, and a sum of money, the property of Alex. Geddis, on the Ist April last. Prisoner pleaded " Not Guilty." * MrW. C. Lawrence was chosen foreman of the jury. Alexander Geddis: In tho month of April last I was living at Waiau Flat, between the Waimate and the Waitaki. I was working there for the prisoner. I had a Bwag; it was in a small shed, where I slept. When I first met the prisoner, I left part of my swag in his charge; that was on the 22nd of March. Isaid, " You'll take care of that ; there's value in it." I had in the swag £44 (4 £10 notes and 4 £1 note* on the Bank of New Zealand) a silver watch, a double-barrelled gun, two pocket-books, clothes, and other things. In about a week afterwards, I took possession of the swag, and took it to the shed. I examined it before I left the prisoner's house, and found that the things were in it, except a towel, that wai placed there in lieu of one that belonged to me. I took the swag to the shed on the Monday before the Ist April. I dined in the shed on that day. After dinner I saw that the swag had not been touched. It was about one o'clock when I left the shed after dinner. I returned to the 6hed about four o'clock. The swag had been Bhaken out. The bundle and botb pocket-books and all the money were gone. The books when I last saw them were tied up in a piece of light blue calico, not spotted. I was working about a mile off. I saw the prisoner that day. He was walking about where I was working, after dinner. He went away, and tbo last time I saw him he was walking up the Plains towards the hut; it was then about two o'clock. When I returned to the hut I found a new jacket lying above blankets that were shaken about. I had not seen the jacket before in the hut. Next morning, prisoner told rae it was his jacket. Mrs Wilson lives about 1 90 yards from the hut. By the Prisoner : On the ist April, there were two men at the hut besides me. There was a number of men at the threshing machine, about 100 yards from the hut. On the morning after the robbery you came down, and looking into the hut, said that you had lost your jacket. I said " There has been a robbery here." Charles Wilson : lama publican, residing at the Waiau. I know the prisoner. In March last I had a c mvers ition with the prisoner about duck shooting. He said that the man ho had working for him had a doublebarrellei gun, and plenty of shot and powder. He said he wasn't short of money, for he had £44. He meant the prosecutor when he referred to tbe man he had working for him. By Prisoner : You were working for me up to 12 o'clock on the day the money was missed. I returned from Oamaru after the money was missed. I had eight men employed at the threshing machine. Mary Wilson : I am wife of last witness. I was at Waiau on the Ist April last. I know the prisoner. He was threshing up till 12 o'clock, and had dinner at my house. The shed in which the prosecutor slept was opposite the Waiau hotel. Prisoner told me that he was going to tbe sbed to get bis Maori kit. I saw bim going that way and returning. I saw him close to the stockyard ; the shed was inside the stockyard. He came into my bouse. He had been absent about half-an-hour. He returned about half-past 1 o'clock. I remarked to him that he hadn't his Maori kit, and ho said "no," that he had only brought his " tucker bags." He had his coat across his arm when he went, and there was nothing in his pocket. His coat had been hanging up in my house that morning, and there was nothing in the pockets ; I examined them. (Laughter.) On his return I observed a bulk in one of his pockets, rolled up in light blue calico. He threw bis coat over a cask which was juet outside the back door. He then went to fetch a bucket of water for me. After bringing ie, he left in a great hurry. He said that perhaps he would not be baok that night and perhaps not till next morning, but it would be late if be returned that night. During the day be asked me for a bottle of beer for his wife. Prisoner didn't return until next morning. Wben he returned, he said that since be bad been away, a man had been robbed of his money : he mean 1 -, Geddis. On the day he returned, he asked me to lend him £1. I told him I didn't like lending money, and refused. Stephen Hookins : lama publican, residing at Totaio, 16 miles from Waimate. Tbo prisoner came to my place in April last, about the 20th. He had some refreshment. He tendered me a £10 note in payment of the first two " nobblers," and I said I could not change it unless I gave him a cheque. He said "all right, led it stand, and I'll settle before I go away." When going away he gave me a £10 note, and I gave him a cheque for £7, and some silver in change. I saw another £10 note in his possession, and some others. I saw bim receive some money from a person outside with a dray, and I asked him then if be had not got smaller change. He said he wanted to change thiß £10 note. By the Prisoner : I saw you get the pen, ink, and paper to give the man outside a receipt for the money you got from him. Wm. Hy. Scott : lam sergeant of police at Waimate. I know the prisoner. I arrested him on a warrant, and cautioned him. I told him be was charged with stealing £44 in notes from a man named Geddis. Re said he was innocent. Afterwards in the !ock-up he said he got the money he had

been spending about the township by horsetrotting. He eaid he sold a horse for £4 and received four £10 notes in mistake. This was the case for the Crown. Prisoner protested his innocence, and said that the prosecution bad been got up against nim out of spite. Hi 3 Honor summed up, and the jury, after considerable deliberation, returned a verdict of '• Guilty." The prisoner, who stated his age to be 40, pleaded " Guilty " to a charge of previous conviction, and was sentenced to two years' imprisonment at hard labour. The Court then adjourned until 10 o'clock next morning. This Dat, His Honor took his seat in Court precisely at ten o'clock. LABCENT. John Whincop waa indicted for stealing sundry articles, the property of John Lewis, on the 12th March last. •Prisoner pleaded " Not Guilty." Mr Duncan prosecuted on the part of the Crown, and Dr Foster appeared for the defence. Mr J. C. Lawrence was chosen foreman of the jury. Mr Duncan briefly stated the case for the Crown. All witnesses were ordered out of Court. John Lewis : In the month of March last, I was residing at St Albans. I know the prisoner, to my sorrow. I have known him now for about nine months. lam a married man. Five years ago I was married by Dr Barker. That is my wife lam sorry to .ay. My wife was cook at the White Hart Hotel. She was there for ten months, until about the latter end of February last. The prisoner waa " boots " at the White Hart during part of the time that my wife was there. My wife returned to my house about the latter end of February, after leaving the White Hart. She came and told me that she had been very ill at the White Hart, and that she was enceinte. We had not cohabited for six months previously. The prisoner came to my house on a Saturday eight, about the llth or 12th of March last, about 7 o'clock in the eveninz. He brought a large chest with him, a sailor's small bag, with tools in it for making sails, and a tomahawk. He remained at my house two days and two nights, and left on the Monday. Before leaving, he told me thafc he bad got six months' work at the Steam Wharf, Ferry Road, and had taken a lean -to there, and was going to be a bachelor by himself. Mr Carter, a carrier, came to my gate with a cart on Monday raorniog. Prisoner came from the garden with a sack, and asked me if I could give him a few potatoes. I gave him about 40lbs. I gave him other vegetables. He then left, saying that he would call up to see me some other day. Next day I missed a gold watch and chain which belonged to me. The watch was in the case produced. I had worn tbe watch on the Saturday previous, and had left in the drawer. The watch| and chain produced are mine. I gave £15 for the watch. It was about three o'clock in the afternoon when I miseed the watch. My wife was then at home. She left my house ou that day, about four in the afternoon. She never returned I never saw her until in tbe Magistrate's Court, after sbe had been five months away. I also missed bix tablespoons, six teaspoons, twelve towels, twelve pocket handkerchiefs, six pillow-slips, one carving knife and fork (ivory bandied), three tablecloths, one feather pillow, one pair of blankets, a coat of mine, one pair of sheets, and about twenty books. They were all my property. I next saw a part of the property at the Borough Hotel, about four months ago. Sergeant McKnight brought me there on the day before the prisoner was brought before the Resident Magistrate. About £12 worth of the property is still missing. I gave permission to no one to take away the property. [Witness identified the property produced in court.] Cross-examined by Dr Foster: I was aware of my wife going to the White Hart Hote). My occupation at tbat time was that of a general dealer. I had been in Mr Richardson's employ for eight years previously. I attended auction sales. I ceased to be in Mr Richardson's employ nearly two years ago. My wife had never been in service before since sbe was married to me. It was her prop sal that she should go out to service. She said she would go out to service to make up the money I lost through Mr Richardson. She never asked me to go and look for work. Wben she told me she was pregnant, I asked ber who was the father of that child. She made no answer. She didn't say when she expected to be confined. I didn't ask her. She went back to tbe White Hart, and stayed there ten nights and ten days. She came home for good about the end of February. She took my boy with her, saying that she would go down tbe Ferry Road, to look after the prisoner for the watch, but she never came back; that gentleman (the prisoner) took care of that. I didn't givo her a watch en her wedding day. I didn't buy the watch until twelve months afterwards. I believe you supped or dined at Mr Richardson's on ycur wedding day. His Honor thought that many of the questions were irrelevant. Dr Foster: I want to contradict him, your Honor. Witness: You may try to contradict mo, but, you shall not. The witness became greatly excited on being pressed by Dr Foster, and eaid he had been forty years in the colony, and would not be '• bounced " by any attorney. His Honor interposed, and told the witness that, however much allowance might be mide under the circumstances in which he was placed, still he must conduct himself with propriety in the box. He must not allow himself to be carried away by his feelings. Examination continued : I didn't, on the evening of the wedding day, take a watch from my wife's bosom, and show it round to the company as the wat< h I had given her. I wouldn't make a public show tf ary thing I

S&ve to anybody. 1 bought the books produced, and paid for them. Richard Parish : In March last I was bil-liard-marker at the Clarendon Hotel. 1 know the prisoner. I saw him that raonth in the Clarendon Hotel ; it was the beginning of March. He showed me a cold watch and chain. To tha best of my belief the watch and chain produced are the same. He took them out of hia pocket, and asked me what I thought of them, saying that he had given £20 for them, and bought them for his girl. I bad no idei as to whom he meant by his girl. I didn't see him afterwards. By Dr Foster : I couldn't swear that the watch and chain are the same. James Carter : I am a licensed carrier in Christchurch. I know the prisoner. I saw him about the 1 8th or 20th of March last. He engaged me to go to Mr Lewis' house, at St Albans ; it was on a Monday afternoon that I went to Mr Lewis' house. I received from the prisoner one large box, one gin case (heavy), one canvas bag, a bundle of what appeared to be bedding, tied up in a grey blanket similar to the one produced, and a sack with what I supposed to be a few potatoes. The prisoner said that I was not to tell Lowis where he had brought the things to, as he expected Lewis would be after him. I took them to a small cottage in Lichfield street east. The prisoner took the goods from me at the cottage. He rode in the cart with me all the way. He took the goods into the cottage. By Dr Foster : Mr Lewis was afc home when I went for the (hings. He was standing in the garden. He saw me moving the things. 1 was about ten minutes loading them. He made no remark to me. He was standing at the back of the fence about 20 yards off, but he could see what I put in the cart. I heard no conversation between him and Whincop, or Mrs Lewis. Mr Lewis never came near the place while I was loading. Mrs Lewis was in the house, and Whincop carried the goods out. Jane M'Keown : lama widow, residing in Christchurch. I know tho prisoner. I had a cottage in Lichfield street east to let in March last. John Whincop, the prisoner, took it from me. He took possession of the cottage, I think, on a Monday. He left the following Friday. I saw two boxes in the bouse at the time he was there He told me he would only take the cottage for a few days, as he was going to work. He didn't return after the Friday. 'I hs boxes were not in the house after he left. Joseph Andrews : I am an hotel-keeper in Christchurch I was previously manager at the White Hart Hotel. The prisoner was at the White Hart as •' boots " while I was manager. Mrs Lewis was cook at the same t ; me. She left in the month of February last. The prisoner left in January. While at the White Hart, prisoner and Mrs Lewis were always very friendly ; there seemed to be an intimacy between them. I never observed anything improper between them. On a Sunday afternoon I* saw the prisoner come out of Mrs Lewis' bedroom. She was in the room at the time. By Dr Faster: It was daylight. It was not his duty ai "boots" to go into the bedrooms. Michael Levy : lam a licensed pawnbroker in Dunedin. I saw the prisoner and Mrs Lewis in Dunedin in March last. The female came into my shop first, and showed me a gold watch and chain. She asked for an advance of £12 on the watch and chain. I told her I couldn't give her more than £8. She left. Next day she came in witb the prisoner, and told me tbat she would take £8. She told me she couldn't read or write, and to make out the ticket in the prisoner's name. He was present at the time. I made out the ticket produced, and gave it to the woman, yhe told me that the prisoner would be the most likely person to redeem it. Tho prisoner said that they (I understood himself and the woman) were going to open a pie shop in Walker street, Dunedin. I believe the watch and chain produced are the same. They were not redeemed. A detective called at my place, and I gave them to him. I believe it was about tho beginning of June when the detective called. Neither the prisoner nor the woman ever returned to my shop. This was the case for the Crown. The following evidence was called for the defence:— Lucy Lewi? : lam the wife of John Lewis. I was married to him at Dr Barker's in 1865. Mr Richardson and Mr Davis were present. Lewis was at that time a bailiff of Richardson's. We supped at Richardson's the same evening. My husband made me a present of the gold watch and guard produced, I had a watch before my marriage. Lewis took it off my neck and put this one on. He sold my own watch afterwards. My husband showed the watch that he was making me a present of rou id to the company on the evening of the wedding. Mr Richardson and Mr Davis and their wives were present when he did that. I remember going to the White Hart as cook. My reason for going to service was becau c Lewis had no money. I went to the White Hart two days before the Duke came. Lewis was doing nothing then. At that time we had only the produce of two cows (worth about 3 1 6d a-week) to live upon. At that time he was not in the habit of going to auction sales; we had no money to buy things. While bailiff he brought things home several times. He said he took them, and I begged of him not to do so. He did this ever since I married him. His Honor ruled that this line of examination was irrelevant to the question. Examination continued : Whincop was not at the White Hart when I went there. He came after I was there. Whincop left about a month or two before I left. I left the White Hart nearly six months ago. I used to go home often and sleep there. There was no improper familiarity between Whincop nnd myself during the time he/was at the White Hart. He came many a lime into my bedroom, and to everyone in tvje house as well as nine. He cam? into my'badroom once or

twice while I was there. I saw him go int< the housemaid's bidroom whilst she wa9 there, but I didn't think there was anything improper. He sometimes went into bedrooms for soap to wash with, and cotton, and othet things. lie 'never came mo my bedroom after dark. Mv husband did not accuse mc of any undue familiarity with any person. After leaving the White Hart I went home t my husban 1. I stayed at homa a little morr than a fortnight before I left my hush md When I went home I had £9 from Mr Hart. I gave it all to Lewis. He was then at home doing nothing. I aske 1 him frequently to get work. I left home becau c he said he would not do any work for me. I left home because my husb.uid was thoroughly unkind. I didn't consult tho priioner about leaving home. When I loft home there was no arrangement between myself and the prisoner that we shou'd go and live together. The pria ncr had been lodging at our house, but he left. I left home about six o'eVck in the evening. Prisoner hai been lolging at my house about a week. Lewis often asked me to get some one to lodge with us. Prisoner was going to take a lean-to, and Lewis said to John Whincop and myself, that he could stay at our plic*. He fir3t asked me if I wa9 agreeable. There wai no sort of improper understanding between myself aud Whincop which lei to his coming to our house. During the time that elapsed since I left the White Hart until I left home there was no improper intercourse between Whincop and myself. It was first spoken of after we went to Dunedin. Nothing leading to auy improper intimacy between us was said before we went to Dunedin. I asked prisoner, after I had left Lewis' house, and while I was in prisoner's house, if he would look after me, as I was going to Dunedin, as I did not intend to live with Lewis. Prisoner s.iid he was going to Dunedin. He said ho would rather I didn't go there, because Lewis might think I was going there on account of him (prisoner). I meant that he should look after me on the voyage, and after we got to Dunedin. I wrnted som3 money to take me to the steamer. After going to Dunedin, and when I could not get a situation, prisoner said he was sorry for me, and asked me if I would go and be his housekeeper, and he would take care of me as far as he could. After that we did not live together as man and wife. We . never have lived together as man and wife. I swear positively that we have never cohabited together. 'ihere never has been up to this hour any improper familiarity between tho prisoner and myself in that way. I didn't take my boy with me on the Monday evening. I took him on the following Thursday evening about six o'clcck. I found him up at Lewis. Lewis was there. I took my little boy's clothes away and a pair of grey blankets. I should know them again if I saw them. They are there in Court. I had the watch produced oa my neck when I went out on the Monday evening. It was fastened in my belt, and my hu band could have seen it. Lewis lent Whincop two sheets, and Whincop gave them to me. The books on the table were mine before I was married. Johnny's Bible is not mine. Lewis gave it to him. By Mr Duncan: I went to Dunedin as Mrs Brown. I first called myself Mrs Brown when I took the ticket at Lyttelton to go on the steamer. I don't know what name Whincop took. In Dunedin, I never called myself any name. No one ever called me by a name there. I lived iv Maclaggan street. I swear positively that I never went by the name of Mrs Whincop in Dunedin. I know Detective Farrel. He asked me "Who keeps this house ? " and I said " John Whincop." I didn't say who I was. Detective Farrel said, " I suppose you arc Mrs Whincop ?" I said " I am his housekeeper." I didn't give him to understand that I was Mrs Whincop. I was a widow when I married Lewis. My name then was Kelso. I swear positively that I have never gone by any other name than Mrs Kelso, Mrs Lewis, and Mrs Brown. 1 visited the prisoner in gaol once. I called myself Mis 3 Clarke at the gaol. I didn't get an order. I said to the gentleman at the gaol door " Miss Clarke — Mrs Lewis," but I don't think he heard me. I was in my own house when Mr Carter removed the things. There were blankets removed, and some bedding, pillows, and Whincop's box containing his own clothes. There was a gin case also removed, and other things. I left a few hours after Whincop, and went straight down to his cottage. I stayed there three days and three nights. John Whincop slept in his own blankets, and I Blept in a bed in the bedroom. There was nobody else in the house. There were two bedrooms in the house. He told me where he had taken the house on the Saturday previous. Whincop took my things in Carter's cart. There never was anything improper spoken between the prisoner and myself. During the three nights before leaving for Dunedin, Whincop stayed in one room, and I in the other. I kept the watch, chain, and brocch up to the time of my leaving home. I kept the watch in the chest of drawers. I kept it until I brought it to the pawnbroker's in ; Dunedin. Prisoner had a silver watch. lam quite positive those produced are the watch ; and chain I took away on my neck. They never were out of my possession from the time I left home until the day I went up for my boy. I asked Whincop to take care of it i until I came back, as Lewis might want me to leave it at home, and I wanted it lor my i boy. I again got possession of it immediately on coming back to Whincop. I was two and a half hours away. That is the only time it was out of my possession until I went to Dunedin. I got money from Whincop to pay my passage to Dunedin. I paid for the ticket. I have never repaid Whincop. William Richardson : lam the Sheriff's officer. I had once ss my bailiff a man named John Lewis. He was married about five years ego. He was then my bailiff. 1

<new bis wife, I believe he was married to i Mrs Kelso. I was not present at tin wed ling. I saw the partiiSs about five o'clock in lie evening Rt my house. I gave them a dinner. Davis and his wife were present, aud 'Mr- atid Mrs K.lly; I recollect Lewis taking his wife's watch off her neck, putting it in his •jocket, and putting his own watch on her neck. He said, " There, Lucy, I'll give you that, and I'll take yours." It was a gold watch. Hera was also a gold watch. There was a gold chain attached to the watch which Lewis gave to his wife. I should know the chain again more particularly. The chain produced U the sime. The watch and chain were handed round. I cannot swear to the watch. By Mr Duacan : I had seen the watch several tmes before. Ia fact, I had tried to buy it several times. Mr Duncan desire I to call a witness to rebut a portion of Mrs Lewis' testimony. Dr Koster objected, but his Honor ruled that Mr Duncan had a right toe ill evidence for the purpose in Heated by the leirnei counsel for the crown. George Sinclair Heston : I am inside warder ou the front gate of the gaol in Lyttelton. 1 know a woman by the name of Mrs Lewis, but Ididn'tknowherbythatnameuitilt^lay. 1 first saw her on a Saturday, about five weeks ago, at the gaol. She called and asked to see Whincop. I told her she could not see him ; that he was out on the works; but she might he able to see him after the gang came in at 4 o'clock. She returned. I asked her what her name was before I went in to the gaoler, either the first or second time she came. She said, " Mrs Clarke." I went into the oflhe, and reported that she was there. The gaolor gave her permission to see Whincop, and she saw him. She didn't give any other name to ma thau that of Mrs Clarke. I was with her the whole time she was there. She didn't give any other name to any person in my hearing. By Dr Foster : There is a small wicket, with iron birs, about six inches square in the front gate. She could have spoken to me throug'i tha wicket, but she diJn'fc do so. The gate was open. This concluded the evidence. Dr Foster was addressing the jury when we went to press. [Left Sitting]