SUPREME COURT—WESTLAND DISTRICT.

West Coast Times, Issue 111, 25 January 1866, Page 2

SUPRE ME COURT— WESTL AND DISTRICT.

CRIMINAL SITTINGS.

(Before his Honor Mr Justice Gresson.} Wkdxksday, Jan . 24. Mr Duncan prosecuted for the Crown. OHAItdK OV STEAMNO.

Charles Lear and John lteid wero placed at the bur, charged with having stolen n ring, purse, and other articles, the property of John Tellom.

Tho Crown Prosecutor said it was not his intention, on the part of tho Crown, to offer any evidence against tho piisoners, beciuiso tin principal witness lind left the province, and without his corroborative tostimony ho could not hope for a conviction.

The prisoners then, by direction of His Honor, were acquitted. ,

LARCENY.

Goorgo Riley was ohargod with . having, on the 10th inst,, stolen from the schooner Alma six kegs of butter, the property of Spence Brothers.

Before the trial commenced, tho prisoner complained that he was ill prepared for his defence. Ho had no money to feo counsel, and the gaol authorities had even refused him pen, ink, and paper, in order to allow him to note down tho chief points of his defence.

His Honor enquired of Inspector Broham this statement was true, Inspector Broham csaid it was not.

His Honor enquired how he knew it was not

Inspector Broham said that instructions hud been given to the gaolor always to afford all facilities to prisoners in this way.

His Honor enquired if tho gaoler was in court, and on receiving a roply in tho negative, said ho should like to examine him during the couiso of the day.

As tho prisoner, howover, did not object, tho trial proceeded.

James tfponcc, ono of tho firm of Sponco Brothers, said ho was part owner of the sehoonor Alma, recently lying in Hokitika. ■On tho Oth of this month witnoss shipped on board tho Alma 61 koga of buttor, consignod to his firm in Melbourne All of them woro marked privately by witness with tho lottor S in lamp black and kerosene Previous to this tho kegs., boro. Iho original marks out in tho wood, a triangular diamond with M in the centre. Ho saw nothing moro of thorn till tho morning of tho 11th, whon ho saw Iho two kegs, produced, in tho possossion of tho police They woro two of tho sixty-four koga ho hiicl put on board tho Alma on tho Saturday provious. Witness and a oonstablo wont on board tho Alma and countod tho kegs thoro, whon thoy found that six woro missing. Ho sworo most positively that tho two kogs woro two of tho samo kogs that woro put on board the Alma. , William Roobuck was in Iho Shamrock Hotel, in Rovoll street, on tho night of tho Oth. Ho was in tho bar about twelvo o'clock at night. At that timo prisoner and another man camo into tho bar, and calling witnoss asido askod him if ho wautod to buy any buttor, saying that ft porson along with him had somo buttor for salo. Witness wont into tho dining room, off tho bar, nud saw tho porson prisonor roforrod to. Witness askod him whether it was Wellington or Colonial butler and ho said it was Colonial. VVitnoss askod what tho weight of it was, and lio said it wns 75 lbs. Witnoss called Mr Wagnor, and ho had somo conversation with him about it, both of thorn dosoribing tho buttor as of good qnnlifcy and worth ijs nor lb. Wftnoss nskod •thorn what quantity they lmd, niul lliov mM fM J«og» ( . WjtQW (hilt fftja g, w» |oo

high for so largo a quantity, whon they said thoy would delivor it at Is Gd, and if it was not first-rato thoy would let witnosd have it afc It's own jrioo. Thoy left to fot # ;h it but did not roturn. Thoy did not 6ay whoro thoy were going to fetch it from. To prisoner— When you came on the 10th you came by yourself. You told me that tlio porson inside owned the butter, and that you would take me to him. I considered you as acting ns agent for this party. You said that you would fetch the butter in half an hour, and both of you joined in llio conversation respectin?'it. J. S. Wagner, landlord of the Shamrock hotel, corroborated the evidence of tho previous witness, as to another person and the prisoner offering the butter for sale, and an ngiceniont being entered into respecting it. He slated, however, that tho other vnan took tho leading part in the bargain, and prisoner .seemed to bo acting under tho direction of the other man. The prisoner cross-examined the witness to show that he (pru-oner) had never throughout tho transaction claimed the butter. i Constablo Stokes proved that on the morning of tho 11th of January he was on duty in ltevell street. Between the hours of three and four lio observed something moving in the right of way loading from ltevell street into Wharf street. Ho went up to the place and saw the prisoner lying on the two firkins of butter now produced. Witness shook him, and ho appeared to bo very drunk. He shook him again, aud at that moment Sergeant O'Djnnell was passing Wharf street, witness called to him to assist, and they took the prisoner to tho watch-bouse. When they got about half way prisoner .seemed to be- . conic more sober, and during the thus they were speaking to him in the watch-house he jjot apparently perfectly sober. Witness remarked this to O'Donnell in the hearing of the prisoner, and O'Bonnell concurred in this opinion. O'Donnell and witness went back at once to whore tho prisoner was lying, and brought tho two kegs of butter to the Camp. Tho butter was from five to seven hundred yards from whero the Alma was lying, and about 150 yards from tho Shamrock hotel. To tho prisonor — You woro very anxious to know what tho charge ontorod against you was. By a juror — Witness wa3 down that right-of-way about half an hour previously, and neither the prisoner nor tho but tor wero thoro then. In dofonco prisonor said that on tho night in question ho was accosted in tho street by a stranger, who asked him to go to Wngnor's with him to sell somo butter. Tho stranger • after thia'asked him to tako chargo of Uicso two kegs of butter, and he did so. Tho man did not eomo back, and prisonor fell asleep on Iho kegs whoro ho was found by tho constable. Ho strongly donied having stolon the buttor, and furl hor said that in (ho Magistrate's Court he was remanded three times without knowing what tho chargo against him was. Ho pointod out, somo slight discrepancies in tho ovidoneo for tho prosecution. nis Honor pointed out that a part of' the stolen property had been traced to thfe prisonor's possession, and such boing tho caso it was his businoss to explain how he oamo posBOBsod of it. It was for tho jury to consider whothor his explanation was satisfactory or not. '

The jury, without hesitation, found tho prisoner guilty, and ho was sentenced to six months' imprisonment with hard labor. IiAHCENY. TYancis I)owlcr N was charged with having stolen a brooch on tho 9th of Novombor last, tho property of Solomon Shappere. Solomon Shappero know tho prisoner by sight, and on tho 9th of November last, ho was in tho Australnsian Hotol, kept by John Cassidy. Ho was in the. kitchen, and was » showing tho cook a watch and chain. At that time, ho had a oarpot bag by tho sido of him, and in it were some gold brooches in eases, and amongst thorn wero some cameos. Witness paw prisonor pass his hand over the bag, which was open at tho time. Tt was across tho opon pavt of tho bag that prisonor was pushing his hand. Witness asked- him what ho was doing, and prisonor said that ho hncl not taken anything. Witness, at tho time, did not say any moro, and did not examine tho bag. On reaching home, four hours afterwards, ho did oxamino tho bog, aiid found that" a brooch was missing. A fow days aftorwstrds, ■ witness saw prisonor sittino; at the jotty, and told him that ho had got a brooch witness had lost. He also told him that ho had offered it for salo at a watchmaker's plnee. Prisoner at first doniod having it at all, but afterwards said that ho had sold it to a girl at Mary Ann Smith's, and if witness went thoro, he would got it on paying 5s for it. TTo wont to Mnry Ann Smith's, and whilst Ihero prisonor camo in, and addressing a girl there, asked hor to givo up the brooch and ho would pay hor tho s ss. Sho said that sho did- not buy any brooch, but pointod out a place by tho sido of tho wall, and paid witness inieht; find tho brooch thero ; for prisonor was in -the place, and might have dropped it there. Witness lookod for it but did not find it ; but tho landlady (Mary Ann Smith) then lookod for it, and got it, but witness did nob sno her find it. Tho brooch, produced, was tho ono he lost from tho bng, and that was given to him by Mary Ann Smith. To the prisoner — Thero wns only ono mnn in Cassidy's kitchen besides yoursolf when the brooch was taken. Tho brodch was in ft caso just largo onough to hold it, at the timo tho bag was by tho sido of mo. I did not soo you take anything out of tho bag. I only saw you draw your hand back. t Tho prisoner pointed out (lint in tho dt*po« sitions at the Resident Magistrate's Court, prosocutor said that ho missed tho brooch two days after tlio day in question, and that now ho said ho missed it four hours aftor being in Cassidy's kitchon. JTis Honor looked nfc tho depositions and found thnt this wns tho caso, and in asking prosecutor for an explanation tho latftr said ho had moant that he discovered whoro tho > brooch had been disposod of two days afterwards. Mary Ann Smith said sho kopt tho Arrow River Hotel, and know tho prisonor by sight. About tho middlo of Novombor ho offered a brooch for salo to witness, and asked £1 for it. It was a cameo brooch. Sho rofused to : buy it. Tho brooch produced sho thought was tho samo that ho •oflforod. Prisonor subsequently offorcd tho brooch to another person, Margaret Horn, but sho too rofusod to buy it. Tho noxt day tho prosecutor camo to 'her, house, and prisonor called about the samo timo, Tho latter told Margarot Horn to give up tho brooch if sho had it. Sho told him that sho did not havo it, and a search wns mado for tho brooch. Tho prosocutor found the brooch, and witness held tho candlo for him when ho lookod. It was found whoro thoro was an opening in tho boards at tho placo whoro tho prisonor had boon sitting tho day boforo. Both Shapporo and horsolf wero looking foi^ tho broocli, ai\d sho was suro thnt ho found it. She never saw tho brooch, to hor knowlodgo, till tho prisoner offered it to hor for salo. To tho prisonor— lt was Shapporo picked up tho brooch. You had boon in my houso several timos boforo this. Margaret Horn corroborated tho ovidoneo of tho previous witness as to prisoner offering ft brooch for salo for £1, and their refusing to purehaso > also as to tho prisonor and prose-, cutor coming to tho houso, tho search boing mado, and prosecutor finding tho brooch near whero tho prisonor had been sitting on Iho ' previous day, Tn dofonut) pvisonoi' snid ho had boon twited ;vlth jwellsry u»t} ptliar tiling,

had worked hard for his living in various stjres in the place. He drew attention to tho discrepancy in tho ovidence of the two hut witnone.", and that of Slinppsiv, the latter stilting tint, Mary Ann Smith had handed him the brooch, and the former thnt he found it himself.

His Honor briefly summed up, remarking that, it wns a very simple caie for tho jury 'to ■consider.

The jnryjfound tlio prisoner guilty, nnd ho wns sentenced to six months' imprisonment with hard labor.

niIiBFRV I'ROJI THE I'KIiSOX.

Thomas King was charged with having stolen from the person of Thomas Jackson, on the 12th of December last, a purse containing eight Ll note?, nnd a bill of exchange. . r <{ The prosecutor said he knew the prisoner. On the 12th of December, ha wns living in a hut in Weld sticet, and prisoner wns living thero too nt times. On the afternoon of the 12th, prisoner was in witness's tent, and asked for the loan of a few shillings. Witness took out his "purse and lent him half a sovereign. When ho took out the half sovereign thero wero in tho purse eight Ll notes, n bill of exchange nnd n few shillings in silver. Witness after giving prisoner the Jinoney, tied up tlio purse nnd put t under his belt which ho bail on. After that, witness lay down, and prisoner went out, but shortly nfterwards ' enme back. Witness was awake when ho ciuno back, but fell asleep before prisoner left thn second time. About mx o'clock the same night, witness woko n\i nnd missed his puiso He searched the bod for it thinking it might have fallen out, but ho could not find it. The next morning he scarohed the hut agaiu, but without success. He then went to look for the prisoner, but did not meet him, nnd meeting Detective Howard witness told him of his loss. From information received ho went next day to tho liull nnd Mouth Hotel, and was taken upstairs to a loom whtro the prisoner was lying on a bed, apparently asleep. Two others, one Mr. Bond's servant, and another person, accompanied him upstairs. On going into tho room, witness put his limul upon him nnd said, " King." Prisoner's trousers' pocket wns open, and witness put in his hand and took out the piece of paper produced. This was a por ion of a third bill of exchange thnt he had got, nnd when ho placed his purse in his belt, it was wrapped up in some notes. When found by witness in prisoner's possession, it wns torn, but when put in the piuvse it was quite whoie. Prisoner jumped up on his feet and denied thnt lie had over seen witness before, when the latter said, showing the remains cf tho bill of exchange, "If you do not know me, do you know thit 1" Witness then accused him of stealing his pur.se, nnd said that he had picked up the bill of exclringo from the floor of the hut. At tho timo when witness lent the prisoner the half-sovereign, he wild to him, "Do you mean to say you've got no money ?" and he said ho had not.

To the prisoner : A nitin named Foivsylli anno to tho hut when you ueie there. I was wet nt •the time through having fallen into a crock. 2 had been drinking, but it wns not in conso■quenco of my drinking that I fell into the creek. On that day (Tue.sd;<y> I never wns out of Holdtika. I left on tho Sunday to go to the Wairaea, and returned on the Monday in tlio forenoon. I slept in the hut on Monday night. Ido not know where you wero that night. On the Saturday befoic I missed lhy money, you told me that you had an otfor of Lls for the section, and we looked round the town on tho Sunday for the man who tn.-nlo the olfor. A man named George went with us. # In reply to his Honor, prisoner snid tho section belonged to a man named Doran, and he occupied it as keeping charge of it.

His Honor did not suo what this had to do with tho question at all.

Gross-examination continued — When I camn into the hut I took oft" my trousers to dry, and emptied my pockets. I did not ask you to "shout" a bottle of whisky, nor did I know thnt you intended to bring one. It was not for me that the money wns given . A man named Robert Forsyth was outside the hut at the time. He left first, and you said you .vould bo after him, and it wns then that you asked me for tho loan of a few shillings, and I gave you the half sovereign. When you returned, you relumed by yourself, and brought some whisky. There M r ere some words tlmt day between us about tho section, you saying that it belonged more to you than to Doran, and that if you sold the section you would stick to tho money. I then told you that you were «a low fellow to cheat a person like Doran, and did not deserve to remain in (he hut nt all. I was not out of the hut that •night, and that was why I did not give information sooner. I called on you <the morning you were taken in charge, before you were in custody, and said that I did not wish to pros you for tho money if you would acknowledg you had taken it. You denied all about it, and then I gave you in charge.. I never said that if you would give me L 4 I would got you out of it. I did take out of the hut an opossum rug and other tilings by order of the detccive. I tried io get your watch, but the landlord took it. I never said if I got your watch you could do ns you liked with the section. I have gone by the name of I'etcr Gunn in Dunedin, and here by tho name of Harry Jackson.

In reply to Ms Honor, the witness said that another Peter Ounn had received several letters belonging to witness, so ho had changed his name at the post otlice.

Charles Bond, landlord of tho 33u1l and Mouth Hotel, know the prisoner by sight. On tho 12th of December last he camo to witness's ltouso about six o'clock in (ho evening, and was at Iho timo intoxicated. Prisoner slept in tho liouso that night, and stopped from that day, Tuesday, till Thursday, when ho was taken into custody. Directly on coming in prisoner ordered threo glasses for tho cook, the waiter, and himself. On the Thursday, tho prosecutor camo and enquired if such a man, describing tho prisoner, was there and went up stairs to his room in company with a man named Gcorgo and the waiter. Jackson had been searching prisoner, and had taken away his watch, but witness insisted on it being given up to him to give up to Iho police. Prisoner nt tho lime was perfectly sober. Afterwards witness searched prisoner again, and found some money and tho pieces of papor produced. (Theso wero portions of tho bill of exchange lorn from thai ono that tho prosecutor had prcvioiibly identified, and they fitted exactly.)

To tho Prisoner— You did not oviiico any anxiety to lenve tho house. X took your watch out of the hands of tho prosecutor. I received, myself, no money from you, nor did [ servo you with drink. J. S. Jones, on tho 12th of December, was engaged at tho .Bull f.ml Mouth Uol;el. On that day tho prisoner came in tlio evening, and was drunk at tho timo. Witness took him to a back room and got somo water, to wash his faco as ho was bleeding. During tho time tho prisoner was in Iho liouso ho spent some money, and changed a£l nolo. On Wednesday night, about 11 o'clock, witness wont up with Jaukson to prisoner's bedroom, put his hand into his pocket when pribonor was lying on his side, and took from it either a cheque or draft. Tho documont produced witness believed was tho sumo. Prisoner then raised himself up, and said ho did not know Jackson at all. Ho inised himself up as Jackson was in tho act of Inking liis watch. Jackson, as a reason for searching him, said that ho had taken his money. Tho next morning witness had occasion to go to Iho prisonors's room, and found Jackson talking to the prisoner, hut tho latter would not mlmifc that ho bad taken the money. At Jackson's request witness went, to tho bed of tho prisoner to hear what tho latter had to say, 110 (Jackson) askoil him to admit that Jio htuUnkon tho monoy, but prisoner per. eistpd in paying lha|, ho know nothing nbouli 1 liia uigmy, JuolfSM Q/jlwd Jjji))

how ho becamo possessed of tho bill of exchange, and ho ropliod that ho picked it up in tho tout. This wns nil that passed, uud prisoner was then givon into custody. Prosecutor, re-called by tho jury, said thnt the first and second of tlmt bill of exchange had boon sent nway to Glasgow, ono by tho October and the other by tho Novembor mail.

Prisoner accounted for tho drnft being in hi-s possession by saying that tho pio«ecutor and himself were living in the same lent, and thero wero several accounts to bo squared between them, and that bo must lmvc picked it up Ity mistake with other pnpors. Tho prosecutor had got drunk and fallen into Iho creek, and hsul emptied his pockets, and by that means tho bill of evclmngo might havo become mixed with other papers. 110 entered into a long statement of monetmy matters that had taken placo between them, and also tho^ history of a dispulo respecting a section on which their tent stood. 110 had gono on board the Moyne to settle some accounts with tho mate, and then found that he had tho draft in question, which he 'showed to another person. Aftor this ho went to tho Hull and Mouth ; was very ill there, and did not leave it till ho wns arrested. Dining tho interval of leaving tho but and being nrresled it was not fhown that ho had spent much money, and ho had only I.ls on his person •when arrested. Ho nko contended that it had never been shown that the prisoner had any money nt all.

His Honor said this case must principilly rest on the credibility of the prosecutor, and if the jury believed him a vory strange ease indeed had been made out against tho prisoner. 110 poin'cd out one pniticnhii'ly ball point in Iho conduct of the prisoner, viz., tho fact of his denying all knowledge of the prosecutor, though he had been living in the fame lint, nnd ns it appeared by tho evidence of the hotelkeepor was perfectly sober at the timo His Honor went minutely through tho evidence, commenting on it as ho proceeded, on tho whole very unfavorably for the prisoner.

The jury retired for deliberation, and after an übsenco oE about half nn hour, found the prisoner guilty.

Him Honor remarked that ho would lia w o been greatly surprised if they had found any other verdict. Ilis' Honor sentenced the prisoner to six months' imprisonment, with hard labor. Tho Cjurt then adjourned till next (thi.-) day.