Monday, November 12.

West Coast Times, Issue 356, 13 November 1866, Page 2

Monday, November 12.

Larceny. — "William Wylie was charged with larceny from a dwelling, of the v.ilue of L3O. Thomas Browne being sworn, deposed that he was in the Hokitika police force. He knew the prisoner ;he arrested him on the Bth instant at Hokitika, and then informed him of the nature of the offence with which he had been charged. Prisoner acknowledged that he had sold the property produced to another person. He stated that he had purchased same from j a man in Revell street some six weeks be- | fore. Prisoner could not give any description of the man. Witness found the property produced on the person of a man named O'Connor. Hfc identified them. O'Connor identified the prisoner as being the man who had sold the property produced to him. By prisoner — He was certain that he (prisoner) had not given him any description of the man from whom he got the property. Thomas O'Connor bein^ sworn, deposed that he knew the prisoner. He had sold him the property produced for ss. He purchased them from prisoner at Brunton's restaurant. Prisoner declined to ask the witness any question. Another witness was called, who proved that the prisoner had been at his house, and he (witness) had missed sonic articles shortly after the prisoner's departure. The witness also proved that the property produced was his ; he valued it at L3O. On the application of Inspector Broham. the prisoner was remanded till the 13th instant,

Lunacy. — Isabella Johnstone, on remand, was brought up, charged with being of unsound mind ; and on the evidence of Drs Ryley and Dermott, she was discharged. Drunkenness. — John Rees, Jas. Quick, J. M'Leod, -and John Briggs were respectively fined 5s for this offence ; in default of payment, 24 hours' imprisonment. Assault. — John Dougherty was placed in the dock, charged with assault with intent, &c Isabella Jordan being sworn, deposed that she was a storekeeper, residing in Hokitika at the end of October last. On the 28th of that month she resided at Hokitika. The 28lh was on a Sunday. She was then dwelling by the Kanieri tramway. She was in her own house on that day. Her daughter was there also — her name was Eliza. The prisoner came into the house by means of the back door. It was about 2 o'clock on the Monday morning he broke the -door open. It was fastened with a batten. It would not require a very forcible push to open the door. There was a good deal of knocking before the door was broken open. She then told the prisoner to go out. Her daughter and self had slipped on their dresses, and got up. It was moonlight, but she struck a candle. She had never seen the prisoner betore that occasion. She had requested him to go, but he would not. He eventually went at about seven a.m. that morning. He took the key out of the door before he went. She had missed the key before that hour, and had accused prisoner of having taken it. He denied ever having taken it. She valued the key at a shilling. By Mr Button — She had fastened the door with a batten for the last two months. When prisoner shoved against the door the batten gave way. She could not say whether the prisoner was drunk or sober. She had not seen any drink in the prisoner's possession. She had missed nothing but the key. She never went up to the brewery where he worked, and said that if he " didn't give up the key she would -lay a complaint against him for burglary, or something worse.'' She might have said so, but she did not recollect having so done. The prisoner returned to her house at 8 a.m. on the morning of the 28th. There was no other person than herself at home at that hour. Her daughter had gone to town on a message. After the prisoner had gone the second time her daughter returned. It was in the afternoon when she (witness) visited the brewery. Her daughter accompanied her. She did not see the prisoner there at that time. She had seen a man there, but it was not the prisoner. She did not remember having seen two men at the brewery. Eliza Jordan, being sworn, deposed that she was a daughter of the last witness. The remembered Sunday, the 28th October last. At that time she resided in a house with her mother, at the tramway. She had retired to rest on that evening at about eight o'clock. The door was fastened with a batten. She had secured it. The door was quite new. She had heard a loud knocking at the door at about two o'clock on the Monday morniug. She heard some person demanding admittance. The next thing that she saw wa3 the door forced open. She then slippped on her dress and found that the prisoner had effected an entrance. She had missed the key, and asked the prisoner for it, whereupon he laughed and jingled something in hia pocket. The next time she saw prisoner (that was after leaving at about seven) he said that if he had the key it would be in his other trousers' pocket ; he would bring it. The pri- j soner left the house between six and seven, and again returned at about eight o'clock the same morning. She had never seen the prisoner before he had entered the house. It would require a forcible push to open the door. By Mr Button — When the prisoner left witness went to bed. Her mother did not keep a store. Her father was dead. Witness now resided in Beach street. At the time prisoner came she was not following any trade. There was no drink in the house at that time. She had never invited the prisoner to come in. She had never had any conversation with the prisoner about Burgess and Sullivan. When the prisoner left she laid down for about half aji hour. The prisoner then came into the house again, and remained a few minutes. Her mother went to bed when prisoner left. She thought that her mother had lain in bed half an hour longer than herself. There was but one room in the house. When prisoner returned the second time she had merely asked him for the key. That would be about eight o'clock the same morning. Her mother had just then got up. Witness had risen about twenty minutes. Her mother and self had just had their breakfast. They prepared it themselves. Witness thought it would be about 9 a.m. The first time she went out that day was about one or two in the afternoon. She did not deal at any particular shop. Her mother and self went to the brewery. No one had been into their house from 7 p.m. ou Sunday evening till the time her mother and self went out— that is, excepting the prisoner. When prisoner got into the house in the mo r ning at one or two he said that he worked at the brewery. Mother and herself went to the brewery for the purpose of obtaining the key of the door. She never saw the prisoner there. Neither h r mother nor self told the man they saw "That if they did not get the key they would lay an information for burglary or something worse." Apeison \va-> then called and witness stated that he was not the man she saw afc the brewery. She was not in airy situation at present. Constable Bi owne, being sworn, dc-posed that he was in the Hokitika constabulary. He found the prisoner in his tent. He had taken him down to the prosecutrix an<l she had identified him as the man who had entered her house. He had then arrested the prisoner. He (witness) did not know anything of the character of the two preceding witnesses. This closed the prosecution. The prisoner was then cautioned in the usual way, and he then said that he was in the habit of passing the 'door of the prosecutrix's residence, when the prosecutrix had frequently invited him to come in. On the Sunday night he had been working at the brewery, and being a little under the influence of drink he had proceeded to the prosecutrix's residence, and upon his knocking at the door she opened it, calling upon the prisoner to get up and help the prisoner to drink the beer which he had brought ; when that was done they asked him to get some more beer, saying that he could stop till morning. The daughter hud then asked him where he stopped, and had been favored with the desired information. She had then told him to go there and bring some liquor, as he could get it for nothing. He had refused to comply with the request, and shortly after went home to his tent, but before he left, they both said v that they would disgrace him before the other men." Mr Button then addressed the Court on behalf of the prisoner, submitting that there was no case against him, aud commented upon the evidence. Walter WilJiams wafj cal}ed, and deposed that he wri

one of the proprietors of the West Coast brewery ; the prisoner was a workman in his employ ; he was a very orderly man. He recollected having seen prosecutrix and her daughter at the brewery on Monday, the 29th October. The prosecutrix was so intoxicated as to be unable to speak ; the daughter was not so bad. This was at nine o'clock in the morning. They desired to see the proprietors, and they then told witness the circumstances connected with this case. He had called the prisoner in, when the prosecutrix said that if he did not give up the key she would go to the camp and lay an information against him for house-breaking ; and the daughter replied " Yes, and for worse." This closed the defence, and his Worship discharged the prisoner.' Larceny.— .John Burns, alias Sullivan, was charged with larceny from a dwelling, of 30 ozs. gold, of the value of Lll4. Charles Cullin being sworn, deposed that he was storekeeper residing at Piper's Flat, and was in the habit of purchasing gold for the Bank of New South Wales ; he recollected Sunday, the 28th October he purchased gold on that day, the quantity was about 30ozs ; that was up to five o'clock that evening ; he kept it in a chamoise leather bag ; he placed tne bag in the gold scales under the counter. About five o'clock that evening he wont outside the store and spoke to a customer. There was some one in the store, but he did not know who it was. He purchased no gold after five o'clock that evening. About half-past ten that evening he missed the gold. He saw the prisoner in his store between the hours of two and three, and after five o'clock on the afternoon of Sunday, the 28th. He was in his store after five, as prisoner had sold him the last parcel of gold but one. The prisoner had an opportunity of going to the gold. The gold bag was placed in its usual position. The gold was worth L 3 16s an ounce. The lost gold was worth Ll2O By Mr Button — The prisoner and some others were " slinking in the hat" thot morning. He could not say whether he had a share in it or not. There were other men besides the prisoner passing to and fro. Some of the persons in the store had been drinking. They " shook in the hat" for drinks. The prisoner and his mates had been in the store some time. The prisoner purchased a bottle of brandy from witness ; he also purchased some eggs. Witness was sure it was after five o'clock when prisoner lef c the store ; "it was betwen five and six o'clock in the afternoon. The carpenter, the confederate of prisoner, was not with him on that occasion. It was not dusk when prisoner left. The carpenter did not light a candle in witness' store. When he (witness) went outside, he left no person in charge of the store, and the man who was inside was not the customer he was serving. He did not know the man who was in the store. He did not know who the man was that he was serving. When he last went to the draper he did not know the quantity of gold that was there. It was worth Ll2O to Ll3O. He got the money to purchase gold on the Saturday morning. When he missed it out of the drawer, he did not go to look for it. When be retired, he usually took the gold with him. When he lost the gold he did not accuse anybody of having taken it. A young lad, of about 18 years of age, had visited his store that evening, at about seven o'clock. Customers were coming in and out up to eleven that night. To Mr Broham — There was nothing hut the magnet and the scales in the drawer where the gold was. Jno. Houlahan, being sworn, deposed that he knew the prisoner at the bar. He remembered the 28th October He was in the prosecutor's store. He had his back to the counter, and was facing the street. The prisoner came in and stood beside him. He heard a noise, and, turning round, he saw the prisoner removing something from a case. Prisoner took hia hand from off the corner of the case; to the best of his (witness) belief the case ; was shut. Prisoner put his hand very slowly into his left-hand trousers pocket in a very stealthy manner. Cullin came in very soon after this happened, not more than a minute after prisoner came into the store. By Mr Button — It might have been ten minutes after Cullin came in that he (witness) left, but he had a drink before he left. The prisoner wanted some brandy from Cullin, he got the same ; he also wanted two bottlej of porter, he did not know whether he had been supplied with same. The counter in the store was about two feet wide. Prisoner took out a Ll note to pay for the brandy. When prisoner entered the store he commenced leaning over the counter. His left arm was on the top corner of the case. Witness did not tell prosecutor of this occurrence till the next evening, when he learnt of the loss of the gold. Mr Button addressed the Court for the prisoner, and his Worship said that he could not commit him on such slight evidence. The prisoner was therefore discharged. Larceny. — Jno. A. Hartley was charged with larceny from a dwelling, of the value of Lls. Clara Dumbevin, being sworn, deposed that she resided in Revell street North. She remembered the 4th November instant The prisoner came into her house. She was brushing her dress. There was a gold chain witli a nugget attached in the pocket. When fhe h.id finished brushing it she hun<? it up. She then laid down on the sofa for about twenty minutes. Ann Poure hearing 1 some person in the kitchen, woke witness up, drawing her attention to it. Witness found that it was the prisoner. She then follswed him, but finding that he would not stop, she gave information to Detective Browne. Ann Poure was then called, and deposed that she resided with prosetrix. She remembered calling her attention to a noise in the kitchen. This was on the 4th of November inst. She identified the property produced as that of the prosecutrix. She saw the prisoner going out of the kitchen drinking porter. Constable Browne being swor.n, deposed that he was a member of the Hokitika Constabulary. From information he received he arrested the prisoner at Mr Marks', in North Revell street. This was on Monday, the sth of November. He searched prisoner, and found the articles produced upon him. The prisoner did not make auy statement. Prisoner, after being cautioned, said that he was under the influence of drink at the time, or it would not have happened. He was committed for trial at the next criminal session of the Supreme Court. Lahceny. — The same prisoner was then charged with larceny from a dwelling, of the value of L 25. E. N. Marks, being sworn, deposed that he was the proprietor of a loan office. In consequence of information given to him by Detective Browne, he went into the bedroom, where he found the prisoner ; this was between two andth; cc o'clock in the afternoon. The bedroom was detached from his office. Witness asked him what he was doing there. He (prisoner) mado no reply, but got up and.

proceeded to go out the back way, when j witness told him that he must come out the front; witness then brought him to the Detective. Prisoner had stolen from witness one gold watch and chain, and one opera glass ; the articles produced were his property ; they were in the bedroom before prisoner went there. Witness valued the articles at L25. Constable Browne being sworn, deposed that he was in the Hokitika Constabulary; he remembered the sth instant ; he arrested the prisoner on that day, at about three in afternoon, at the residence of the last witness ; he searched him, and found the articles produced. Prisoner declined to say anything in his defence. He was committed to take his trial at the next session of the Supreme Court. Larceny. — The prisoner was then charged with larceny from a dwelling, of L2O, and the charge being clearly proved he was committed to take his trial at the next Criminal Sessions of the Supreme Court to be holden at Hokitika. Larceny.— John Maurice was placed in the dock charged with this offence, and the same being proved he was sentenced to fourteen days' imprisonment with hard labor.