SUPREME COURT,- WESTLAND DISTRICT.

West Coast Times, Issue 104, 17 January 1866, Page 2

SUPREME COURT,- WESTLAND DISTRICT.

CUIUIXATj SITTINO3. Tuesday, Jan. 16.

(Beforo His Honor Mr Justice Qrosson.)

Tho Couvt oponccl punctually ivfc 10 o cloolt, nnd business was nt oneo proceeded with. Mr Duncan, on tlio part of tho Crown, conducted Iho prosecutions.

SKNTKXOR.

John ODea, who had beon found guilty of tho offoneo of stealing from tlio person on tho provious clay, was brought up for sentonco. Mr South, who had appeared for him. thanked his Honor for his consideration in postponing sontonco during his (Mr Souths) unavoidnblo absence 110 had, howovor, nothing nioro to say thun to bog his Honor to take into consideration tho fact that prisoner had boon in gaol sinco tho 26th of Oolobor. In reply to tho usunl quostion why sentonco should not bo passod upon him, tho prisonor eaid ho wns not guilty of tho crimo for which ho had boon convicted.

Hi 3 Hoiioi 1 said that wns not a quoation for hini to docido. That had boon determined by a jury of prisoner's countrymen, who had ovidontly given his caso every consideration, as shown by tho timo occupied by thorn in arriving at a dcoision, nnd n3'fnr as he could judgo ho quite concurred' in the vordiot. Ho would, howovor, tnko into consideration tho fact that ho had been confined some time in an unwholesome prison. Tho sentence of tho Court was that prisoner should bo iuiprisonod in Lytlolton gaol for twelvo cnlomlar months with hard labor. *

IiAUCENY.

Andrew Fiithiof Conquest pleaded guilty to having stolon monies, tho property of Molison, Law nnd Co. In miUgatiou of sentenco ho said that at the timo when ho committed the offence ho had beon drinking heavily, and he prayed the Court to deal leniently with him.

His Honor remarked that ho was sorry lo find that Hi fa wns not tho prisoner's fust offence, nnd therefore that ho must mark it tho more severely. In reference to the excuse of having indulged in excessive drinking, ho could not take it into consideration at (ill, and, on tho contrary, it might bo to prisoner's own advantage to bo dotaiued some time iv gaol in order, to assist him in checking n habit so ensnaring and destructive to a large number of persons in tho colony. Tho sentenco of tlio Con it was that prisoner bo imprisoned with hard labour for a period of eighteen months. ,

In connection with this case his Honor addressed dotcotivo Howard, and Mr. Maointyro, tho proseoutor, ami sajd that on looking over tho depositions he found both had been guilty of a dereliction of duty. Ho found in ono placo that detective Howard had said to the prisonor, "Now give us over the money nnd I will have nothing more to do with you if you oloar out of the pheo." By these moans tlio prisonor had been entrapped into a confession, which, had U\e coso beon gouo into, would have been necessarily oxoluded ns ovidenco. His Honor strongly condemned this and other expressions made use of, in ono of Mhich tor. Maoin'yre had promised not to proseouto if prisoner handed back all tho monoy ; and pointed out that by so doing ho ha^ stood on tho very verge of offenco. His Honor r«od an extract from lloscoe, rago 387, showing that such nn act constituted a misdemoinour. Ho concluded by observing that it was unnecessary to do more than givo this public notice No doubt Mr. Macintyro and detective Howard had both acted, under a misnpprchonsion, but if mich a course was .sanctioned it would lead to very dangerous consequences.

Mr Macintyro said ho had not boi . awaro thnt ho wno doing wrong, t His Honor had no doubt whatovor of that, but it was a most dangoro\is procedure. Mr Maointyro, whoso recogniznncos had, boon cstroatod on tho provious day, through not appearing thon, appliod to his Honor for a remission of the fine, ns ho wns ou tho sen ufc tho timo. Ho had boon twolvo days on a voyngo.fhafc usually only occupied throo. Ilia Honor snid if tho applicant would mnko an ajUdavit, and presont it to him, ho would consider tho caso.

BUKOIiAUV,

John Iliggins was ohargod with burglariously breaking into" the promisos of Morris Sklaark, in Eovoll street, on tho morning of the 20th December lust.

Tho prisoner was undofendod. Tho prosecutor snid ho was a storekcopor, residing in Rovoll streot, Hokitika. On tho night in question, ho wont to bod about 11 o'clock, havings n candle to undross by. Whilst undressing, ho noticed, somo peoplo outsido tho houso, in tho vorandoh, sitting down. Ho wont to" bod and wont to sloop, tho persons still staying thoro. About two oYlook in tho morning, ho folt somo ono feeling over him, nnd then a foot camo in contact with his portion. Ho jumpod up and askod who was thoro, and prisouor replied, "It's mo." > Witness asked tlio samo quostion again, and ' obtained tho same reply. Witness' then asked, " Who aro you," aud at tho sumo timo slruok a light, and got out of bod. In reply to v question as to what ho > was doing thoro, prisouor said, ho thought it wu's an ompty placo, and he cajtfeUn through an oponing in the gable. He Uegged^tho witness to lot him go, as he did not 'know what he was about, but witness did not do so, and having obtained assistance g.ivo him into custody. Witnoss did not miss auylhjiig, I'UUIKH wq«l property of. various klud,<| in, il w

store, amongst other things a valuablo gold watch and chain, which was laid down close by whero ho was sleeping, When he folt the prisoner's hand it was within twelve inohes of whoro the watoh was. To tho best of witnoss's belief prisoner was one of tho pcoplo who woro .silting down outside when witness wont to bed, but. he could not swear to it. There were chinks in tho Hide through which .these men could Bee witness as ho went to bed,

By the pii3onor — Tho building was finished with tho exception of a board or two missing from tha gable. There wore no door or window's in front j tho door was behind. The boarding in front was intended to be permanent. Tho prisoner drew tho attention of his Honor to a contradiction in the witness's ovidonce on this point, as ho had stated in the Magistrate's Court that the front was only temporary. Witness explained that he meant to say, it had no windows.

Cross- examination continued — Thero was no firo plaeo in the storo and, though witness slept, ho did not live there. He fastened the back door with a largo piece of wood placed against the inside. People could not have taken anything through that door without waking witness as his bed was closo to it.

By his Honor — Whore the prisoner got in there wag a porfcotly open space whoi'e two boards wero missing fiom the gable end.

His Honor did not sco how tho Crown could sustain tho chargo of burglary, for the prisonor neither broke in nor broko out, Tho Crown Prosecutor said that the statute provided if any person in the night-time entered a dwelhng-houso with intent to commit a felony, it constituted a burglary.

His Heuor thought that thoro must bg proof of either breaking out or iv to constitute tho burglary.

The Crown Prosecutor urged that tho entry wos a constructive breaking into a house. After -somo further argument, his Honor ruled that there must bo evidence of breaking out or in, and as there was none, tho case could not go further.

The jury then, by direction of his Honor, acquitted tho prfcouer, who was discharged, after receiving a strong coition from tho Court.

HORSB STBAUNO.

James Murphy was charged with feloniously stealing, on the 25th of November last, a maro, the property of John Mnlligan, Prisonor wa3 undefended.

Edward Owon .said that in April last he received from two 'persona who did not give their naino3, a grey marc, to be delivered up to a pertson named Mulligan on the latter calling for it. The mtire wus branded Oj\f on tho near shoulder. Wi ness plaaed tbo mare in k pnddock at tho Tereinaknu that belongs to Mr. Maillee. Wit* nessi stopped in that neighborhood for five months or bo, and when he left the mare was still running in tho paddock.

Hugh Mailloo, runholdoi' on tho Lochinvar Station, said ho nlso had tho Teronmkau paddock. Ho wont to tho paddook in Novombef last, and there woro then about twenty -live horsos in it, amongst which was tho groy mare outside tho Court, branded Ot W. lfo first aaw her a fow days after ho roaohod tho place. Ho had seen tho prisoner at Kelly's accommodation houso nt tho Otinv first, and aftorwards at tho paddock on tho Toromakau. Ho stayed about throe or four days in an old hut in tho paddock, and at tho time statod to witness that ho was hard up, and offered a tout and somo boots for salo. Witness purchased tho tout to oblige him, and paid him in storos to tho amount of £1. After ho got tho storos ho wont away, and witness did not see him afterwards. About ilvo or six days aftor ho loft, witness missed tho mayo now outsido tho Court. Tho prisonor boforo loaving had applied for work lo witness. Tho noxt timo witness saw tho mare was at tho police stables in Ilokitika. Whou prisonor got tho storos ho 6aid ho was going to tho Groy. A porson namod Mrs. JJutlor kppt an accommodation houso on tho Bsaloy, about twonty-oight wi!«t9 from tho pndctook, in a contrary direction iiHogotb.br to tho Uroy. By tho Prisonor — Witiioss know prisonor to havo been working for Kelly on tho Ohristehuroh road. "When thoro prisonor askod fov ft job of shonring, but when ho oamo to tho paddock ho said no more about it. At tho time prisoner was at the paddock anothor man took away two or threo horses, which ho proved by tho brands lo belong to him. Withoss hoard from a packman that prisonor had Bold a marc.

John Mulligan, a packer, residing on tho Nolsou uido of tho Groy, said that in April hut ho was residing in Quconstown, and had a man in his omploy namod James O'JJrien. Witness gave him a groy maro branded G- W on tho near shoulder, to bring to Hokitika. Ho had had tho maro twolve months, and ho novor sold her or aulliorisod any ono olso to sell hor. Tho maro outsido tho Court was tho sumo maro, and witnoss' property. . Jamos O'Brien, .in April last, brought ovor tho maro outsido the court for tho previous witness, John Mulligan, to Hokitika. Tlio mare was branded GW. Ho left herein the Tero' makau paddock, in the euro, of a man namod Owen.

Roboit Bealey knew the prisoner by sight, and saw him in November last at the Torfimakau paddook. Prisoner said he was going to tho Grey diggings. Witness had seeu the mare outsido tho cAurr/ and saw her first in the paddock at the time tho prisoner was there. A few days after prisoner left, tho mare was missed.

By the prisoner — Thoro was but ono man in tho hut the night before prisoner loft the Teremakau. Tliero was no man there at that time who fetched threo horses away. Witness did not soo prisoner take any horse away.

Sergeant Beatty, stationed on tho Bealey,' remomborcd arresting the prisoner about 8 p.m. of tho 3rd December, on a charge of hoi so stealing. Tlio mare that prisoner was charged with stealing was a heavy groy mare, branded Jiko CW ou the near shoulder, and he was charged with stealing her from a paddock on the Tereinakuu. Witness c tutioned prisonor, who said that ho had purchased tho mare from two inon who wore going to the West Coast, and that lrt) lost tho receipt for her whilst in a stato of drunkenness. When arrested, tho prisoner was at Jones' Accommodation Houso on the Waimakiriri. Mrs Butler kept an accommodation v houao at tho head waters of the Bealey river. Prisoner was iv bed when arrested. Threo days afterwards witness confronted him with Mrs Butler. Prisoner admitted, when uppreheuded, that ho had sold tho mnro to Mrs Butler for tho sum of LI 7. When prisoner was brought to Mrs Bntler's sho said that he was no man to take a stolen mare to a woman and sell it. Prisoner, in reply, said ho had honestly purchased tho maro from two men who wore going to Hokitika. A person going from tho paddock to Mrs Butler's, and meeting two men going to Hokitika, would find tlio men' going in, tho direction of tho paddock. Witness received tho mare outsido tho court from Mrs Butler.

By tho prisonor— Prisoner waa for fdur days at Mrs Butler's after ho sold tho mare,

B,v ft Juror— Witness heard lira Butler iv prisoner's proseace cay sho had paid him for the juaro. Ou being anestod, prisoner had L 3 17a in his possession, mid told witness that ho had had Ll2 stolon from him at a house near Butlor'w.

In dofonco, prisonor said that he was 'working on Iho road, where ho mot two men from whom ho purchased the mare, about' a fortnight boforo he sold it to Mrs Btitlor.

His Honor, in summing up, told tho jury that when roceutly stolon property was found in any person's possession, it waa incumbent on him to satisfactorily account for it, and failing to do no' tho presumption was that the possessor was tho thief.

Aftor a very brief consultation (he jury found tho prisoner Guilty, and ho was sentenced to two years imprisonment, with hard labor. STUAMNQ JUIOM THE PERSON. Thomas OaioVas ohargod with stealing £o and upwards in money and a looket, tho property of Annie Curtis, on Uio 27th instant. Mr. O Leiwy nppearod for the prisoner. Tho prosecutor said that she lived on tho boaoh, nnd that on tho 27th instant a nunibor of por6o^s^Yoro in hor tout.aniongstwhom was tho prisoner. A disturbance occurred about tho lookot m question, and a soufllo look place m which tlio prisonor tovo a lookot on hor W\\- $I|Q (tUpped. d.OWI«» wljpi, tll(? priwiW

,put his kneo on hor ohest and took hor purso out of her bronst. In the purso wero fivo £1 notes, half a sovoroign, and some 80s in silver. As soon as sho got up sho wont to tho police and gavo information. When sho wont oitt all thai; wero thoro had gone. Whon tho assault nnd robbory wag committed, Mary Ann Hayes was present. About an hour afterwards a man named Pick Hill brought tho locket back and wantod witnoss to tako it, but sho refused to do so. In tb.o scufilo thatj took placo sho got hold of tho prisoner by tho shirt and toro a picco out of it. Sho had not got her pur3o or money back. Cross-examined by Mr o'Lcary— Sho did not know whether a man called Dufty pulled prisonor away from hor. Tho prisonor had not given hor monoy beforo, nor did ho build her houso for her. The locket wns offered, but sho would not take it bocauso sho had already given infoßinntion to tho polico. She did not soo prisonor with - tho money in his hand. Tho prisonor did uot say that lio know tho person whoso likeness wns in tho locket, and that ho wantod to look at it before he matched it.

Mary Ann Hayes was living with 1 Mrs. Curtis on the 27th of December, and prisonor, Dufty, Hill, and Hudson were in the tent in the morning between eight and nine o'clock. Proseoutrix wns wearing a chain and looket, and was showing it to Hill. Prisoner also looked at it, and had it iv ]ii 3 hand when witness heard prosecutrix ask him for it. A row ensued-; witness was in the bedroom when it began. She enmo out of the badroom and saw prisoner holding proseoutrix by the hair of her head. The latter fell down by the bedroom door, and witness saw him kneel on her. One of prisoner's hands wns iv her hair nnd tho other had been in a sling, but the sling wns torn off, and sho could not tell whero his disengaged hand was placed. • After some time Dufty camo in and took prisoner away. Witness know that the proscou* trix hnd money shortly before this, nnd know that she had five £1 notes.

By Mr. O'Loary—^ho did not sco the prisoner take any monoy. The row arose about the locket. She saw prisoner looking at it, but Bhe did not sco what he did with it afterwards. Hill returned in about an hour with tho locket.

Constable Cnrr, who wns recently wounded, v/At accommodate! with a seat whilst giving evidence. He said that he arrested the prisoner on the charge made by Annie Curtis. Prisoner admitted being at her tent that morning, but denied nil knowledge of the robbery. • ' By Mr. O'Leary — Hill was also apprehended on a charge of receiving this locket but was dis- x ohargod. By a Juror— When prisoner was arrested he had his arm in a sling ns now.. Mr. O'Leary briefly addressed tho jury for tho defence 1 After a short consultation the juiy acquitted the piisonor, who was discharged.

la horny. , Thomas Dyer, who surrendered to his bail, was charged with feloniously stealing two rings, tho propovty of Donald M Lean, at Port Chalmers, on tho 18th of June last.

Prisoner was undefended.

The prosecutor said that ho was an auctioneer, residing nt Greymouth. 110 know tho prisonor by sight. He formerly resided at Port Chalmers, in Otago, and on the 18tl»of June last the premises he occupied nt that time wero burnt. Witness was tit the fire, nnd had two rings in a pocket-book in the inside pocket of his coat, During tho fire ho took his cpat off nnd laid it doflii somewhero — ho could not Jell oxnetly where — but he bolioved on a cask in a store, from which they were engaged in clearing goods to rescue them from tho fire< He left his coat about ten minutes, and on returning to where ho had loft it ho found that it was gone. He thought perhaps it might have been moved, and being compelled to leave llio store, as it wa3 on fire, lie came to tho 'conclusion that the coat war burnt. Ho left Port Chalmers in August, and wont to Greymoulh. When there, whilst in Bracken nnd Middleton 's, Qnconslown Hotel, on 6th of September, he wns receiving change from Mr. Middloton out of a gold bag, when. a ring dropped out on the counter which ho identified, at once, ns hid property. 'The ring produced was tho riug ho then claimed, and he knew it by the appearance without picking it up at all. He further .identified it on examination by finding his owu initials inside it. Witness was subsequently shown another ring which wns in Mr. Middleton's possession in the same bag, which he also identified ns his proper l y, and both rings were lost on the night of the firo. In roply to thopri* fioner, ns to whethor proseoutor had seen him in Port Chalmers for the last two 'yoars. prosecutor baid ho never remembered seeing him in Port Chalmers at all.

James Middleton, a publican nt Greyniouth, snid that on tho 16th of September last the prisoner was residing at Greyniouth. Some time before that witness had received the two rings produced from prisonor for snfo keeping till he hadroHirned from coming down the river. On the day above mentioned, the prosecutor was in witness'^ housp, when ho identified the rings as being his properly, and as having been stolen from him in Juno last. Witness retained posses* sfon of the lings till prisoner returned the snmo night and asked for thorn. Ho had known the prisoner beforo for a week 'or two, by sight. Sergeant Dyer arrested the prisoner in a bar on the ICth of September last, on the charge of stealing two lings. Witness asked him if he had any rings on his person, nnd ho said ho had. Witness asked him to givo them up to him, but he deoliued to do so till witnes.-i compelled him. Witness subsequently took him to the stationhouso nnd lockod him up. The rings produced are the same rings. Witness knew the prisoner beforo he saw him at Qreymonth. He knew him nt Dunedin and Blueskin, where lie gained a living by fishing for and selling oysters. Witness , wns in the polico force in Dunedin, in tho detective branch. He was in Otngo last June, and on tho night when prosecutor's store was burnt, but he was in Dunedin and not in Port Chalmers. Ho did not see the prisoner that night, but' witness saw him at Bluoskin within a month or so prior to that time. Witness did not sco him after the fire in Port Chalmers or any other part of Otago. In reply to a question fr&m a juror, Uio witness said, that prisoner on being arrested said that he had bought tho rings from a man, whowas at that timo up 'the Grey Rivor, and that ho would show tho man from whom ho had obtained them. Witness had nsked him to do* so once or twice since, but 'ho had not dpne so, saying he could not sco him.

In defouce, prisonor called Frcdorio Power, who said, that ho had seen two rings m the possession of a man that he was' working with in a boat. Tho rings were small ladies rings ; ono a mouruiug ring, and a small picco of glass in one. He only saw them once, wuon they were produced nt a oanvp firo, and shown round. The namo of the man who had thorn was James Richardson, or Ritohie : ho did not know which. The owner renfarked. thnt ho needier bo short of a fow shillings, aa long as no bad thoso rings, nnd witness in reply said? be did not think he would got .teu shillings for them. This was in August, shortly after tho wu noss arrived at tho Grey. Witness « as in a small craft with the sauio man at Port Chalmers, three days after the fire. Ritohie was at the firo he behoved, though ho did not sea him, there was so inuoh confusion. At tho time whon tho fare broko out, Ritchie, witness/ and others were-on the jetty, and nil ran to it, but witnoss did not remember seeing Ritohio afterwards on that night. In the month of May prisoner enmo-down to this coast in the Brothers iMith witness, nnd he stopped somo time with him there. '

By tho Crown Prosecutor— Prisoner nnd witnoss were not inatos, nor over had been. When tho firo brpko out prisoner was not there, for witue&s left him in. Hokitika a month before. Witness never saw prisoner till they both arrived here in May. -Witnoss had been backwards nnd forwards two or three times, tho first time ho arrived here being on the 25th of March. In roply to a Juror— Tho witness said ho thought ho would know ono of theringd that the man Ritohio had, but he could not identify the other. Prisoner had several times told him i hat ho could not find the man anywhere. Tho last witness had heard of him was Ul&thft had cone up to the Grey. [Sevoral««|gre produced to tho witness and he at MMiloked out tho two rings, swoaying positivoljpfonp of them an thftV ffhjoh hae t^'y9« W h R9 | J^Mi

prior to their coming into prisoner's possession. PrUoner, on being cnl!< d on for his defence, said that ho got the rings from the man mentioned, having given LI for one and a monkeyjacket for the other. He had them in his pos> session for five weeks, and when going up the river ho left (hem in tho care of Mr Middletoti. Tho prosecutor asked him for 1 tho rings two or three times, and he refused to give theiu to him. A detective next asked him for them, but even then he did not give them, as he did not know M'Leau \v;is the owner, and it was not till the sergeant of police undertook to be responsible for them that ho did give them up, when he was arrested on the charge of stealing them.

The' jury acquitted the prisoner without leav< ing the box.

His Honor was glad the jury had found tho verdict they had, for ho thou ;ht it a just and proper one. At the same time he cautioned Dyer as to buying properly of this kind in bo cureless a mtinnei, and thereby getting himself into so set ions a scrape. The Crown prosecutor said that ho would cominenco.wilh ihe cases of Cooper and Keller next morning.

The Court then adjourned till tho next morn ing at ten o'clock.