DISTRICT COURT, WESTLAND

West Coast Times, Issue 595, 21 August 1867, Page 2

DISTRICT COURT, WESTLAND

CRIMINAL SITTINGS.

ThuhBDAY, 20th August, 1867.

(Before His Honor E. Clarke, Esq.,

District Court Judge.)

The Court opened this morning at 11 o'clock.

The Crown Prosecutor, Mr O'Loughlin, conducted the prosecutions.

STEALING IN A DWELLING HOUSE.

John Hartey w-as indicted for having on the 22nd June, 1867, stolen three pairs of trousers and other articles of clothing, in all valued at Lls, the property of Henry Williams, and in the dwellinghouse of the said Henry Williams, situated at the Teremakau.

Prisoner pleaded not guilty, and waa undefended.

The following jury were sworn : — Messrs J. Casey (foreman), J. Colfar, D. Cullen, J. F. Casey, T. Coombe, H. Craig, C. Campbell, J. Cavarer, B. Callaghan, T. Cowlishaw, P. Cameron, and J. Quond. The Crown Prosecuted having briefly stated the ease for the Crown, called

Henry Williams, who deposed that he was a waterman, residing at the Teremakau. On the 20th June last, in consequence of a sore leg he left his house and went to reside at the Union Hotel, leaving a quantity of clothing in his dwelling house. At the expiration of two days he sent a person to the house for a change of clothing. On the Monday after, witness saw the prisoner at the Union Hotel, he had a pair of trowsers on belonging to witness. On being charged with stealing the trousers, prisoner said that he had bought them in Hokitika. Witness then sent for a policeman, who came and took prisoner into custody. (The witness here identified some ot the clothing produced as bis property.) When witness went to the hotel all the articles were left in hii house, which was fastened.

By his Honor — The house was left for two divyH, Thwe wfls an,otk.or'bujld,*

ing about a foot from it. About thirty or forty persons reside in that neighborhood. The buildings about are stores and publichouses. Did not know the prisoner.

Thomas Hewson, a waterman, deposed that in the month of June last he saw the prisoner go # into an old tent which formerly belonged to witness, who asked prisoner what he did there, and ordered him off. Prisoner was making a large white calico bag. Witness had visited Williams' hoube on the previous Friday, and found every thing in the same state as when Williams left it.

By his Honor — Was not in the house when Williams left.

His Honor— How do you know then that the house was in the same state as when Williams left? You ought to be more cautious in your statements. John Brampton, residing at the Teramakau, deposed that on the Friday evening he saw a person very much like the prisoner looking in at witness's hut. On the following morning witness saw a man very much like the prisoner coming out of Harry Williams' house. Constable Mullen deposed that he took the, prisoner into custody at the Union Hotel, on the 28th June. Prisoner said that prosecutor was mad to claim the trousers, as lie (prisoner) had bought the trousers. The rest of the articles were either on the prisoner's person or in his swag. Prisoner said, "I suppose Williams will claim everything.' 1 When on the road prisoner said, " I suppose I am in a mess. I got those clothes from a mate of mine, who owed jne some money. I got them for L 3." The prisoner made no defence. His Honor briefly summed up, and pointed out that there was no doubt as'to the identity of the property, and to its being found in prisoner's possession. The question for the jury to decide was, whether the prisoner had in his statements to the police satisfactorily accounted for that possession. The jury, without retiring, found the prisoner guilty. His Honor said that in a community like this, where dwellings were obliged often to be left without protection, this was a serious offence and ought to be checked. The sentence of the Court was that prisoner be imprisoned and kept to hard labor for twelve months.

LARCENY.

Wm John Price was indicted for having on 26th June, 1867, stolen twelve coats, thirty-eight pairs of trowsers and other articles of clothing, the property of James Mulligan and another. Prisoner pleaded guilty, and on being asked if he had anything to say in arrest of judgment, said: — Your Honor — I feel deeply the degraded position in which I now stand, and the only reparation in my power to make, I have offered by pleading guilty. I hope your Honor will take into consideration my present degraded position, and also that I have been in gaol for two months. I may mention also, that my prosecutors have in the end lost nothing by my acts, and further that the only witness I could call tc character is in Melbourne.

The prisoner was remanded for sentence.

STEALING IN A DWELLING.

* Joseph Sutton was indicted for having, on 22nd May, 1867, stolen the sum of LlB in money, belonging to Zachariah Bolt and another, from their dwelling house at Stafford Town.

Prisoner pleaded Not Guilty, and was undefended.

The same jury as in the first case were empannelled to try the prisoner.

The Crown Prosecutor briefly stated the case, and called

William Cunningham, who deposed that he was a dairyman, in. partnership with Zachariah Bolt, residing together on the Waimea track. Witness slept in the house on the night of the 21st May, and prisoner, Bolt, and a young man named West slept in the same room with witness, who, before he went to bed, put LlB under his pillow. They all got up the next morning at five o'clock, and went out to meet the cows, except West, who remained in the house. After the cows were milked, prisoner, witness, and Bolt returned into the house and breakfasted. Then witness and his partner went to the cowshed, and on returning found that West and Sutton had gone their usual rounds with milk. Bolt went to his pillow, and missed a gold watch. Witness then went to his pillow, and found that a leather bag, containing his money, was gone. Witness then went and gave information to the police at Stafford Town. Cross-examined by prisoner —You did not leave our service until the expiration of five weeks after missing the money. By his Honor — We did not discharge the prisoner. He gave us notice to leave. Zachariah Bolt corroborated the evidence of the previous witness, and stated that prisoner, after he gave notice to leave, said that he had no money except what was owing to him as wages, and that was paid to prisoner when he left. By his Honor — We all slept in the same room, and all got up together. I cannot say who left the room first. Detective Dyer deposed that on the 26th June he saw the prisoner in Revell street, and said, " I want you over at the station." Prisoner refused to go, and a struggle took place, during which prisoner threw away a gold watch and chain. Witness searched prisoner at the station, and found four sovereigns and 2s 9d in his trousers pocket. Prisoner said that he had no more money. Sergeant M'Mahon, watchhouse-keeper at Hokitika, deposed that he searched prisoner in the watchhouse, and found L2O in notes in his right-hand coat pocket. They consisted of two fives and ten Ll notes.

The prisoner said that he had received the watch and chain knowing them to be stolen, but he intended to return the articles, as he was afraid to keep them any longer. His Honorinsumniingup, requested the jury to divest their minds as much as possible of any impression they might nave formed with regard to any watch, as that was not iv the indictment ; but statements respecting it had unfortunately come out during the progress of the case. His Honor then carefully reviewed the evidence, and stated that until the evidence of Sergeant M'Mahon he, was doubtful whethei; there was a case to go to the jury. His Honor after pointing out that the prisoner remained in the service of tlie prosecutors for five weeks after the alleged robbery, asked the jury to give the case their most serious consideration, and confine themselves solely to- the alleged robbery of the sum of money, viz : LlB. At the request of the jury, the witness Cunninghame was recalled and stated that prisoner was apprehended two days after he left their employ. West was still in their employ. The jury retired, and, tlw Court ad journ^Jun^UJJp.m,

At the above hour, his Honor again took his seat on the bench.

The jury returned into Court with a verdict of Not Guilty. The prisoner was then indicted for having, on the 22nd May, 1867. stolen one gold watch and chain, value L 36, the property of Zachariah Bolt. He pleaded Nor. Guilty.

The offence for which the prisoner was indicted was alleged to have been committed at the same time as that of which he he had just been acquitted. It appeared that when the prisoner was taken into custody by Detective Dyer on the previous charge, he threw away a gold watch and chain, which were identified by prosecutor as his property. The prisoner, in his defence, said, that he pleaded guilty to receiving the watch knowing it to be stolen. The watch had been given to him for the purpose of returning it to the owner, but he had not had time to do so. The jury, without retiring, found the prisoner guilty, and his Honor sentenced him to be imprisoned and kept to hard labor for nine months.

LABCENY.

Gerard Wagner was indicted for having, on the 15th July, 1867, stolen two silk dresses and a quantity of jewellery, the property of Mary Eodtnon. Prisoner pleaded not guilty, and was undefended.

The Crown prosecutor, having stated the case, called —

Mary Rodmon, who deposed that she lived on the beach, at the back of the Montezuma Hotel. On the 15th July prisoner came to witness's house, and enquired for a female named Wilson. ' Witness" accompanied prisoner to Mrs Wilson's, but the latter would not let prisoner in. Witness stopped at ' Wilson's that night, and on going home the next morning, found that her house had been ransacked, and several articles sto^fn. Afterwards, witness saw two of her dresses at the dye-house; afterwards saw the locket and chain now produced in the hands of Detective Browne. Those articles were in witness' house when she left with prisoner to go to Wilson. Never gave prisoner authority either to go into the house or to take the things.

By his Honor — When witness returned to her house she found prisoner in her bedroom.

Mary Ann Selfe deposed that she met prisoner about the middle of July when he gave her a locket and chain which she gave to Detective Browne, Prisoner also promised to give witness a silk dress, and subsequently he met witness and told her that he had put the dress through the window. Witness found two silk dresses, and she picked out two pieces and took them to the dyer's in Bevell street. The next night prisoner told witness that he got the dresses from a Mrs Munson with whom he had been living with. Detective Browne deposed to apprehending the prisoner on the 23rd July. Prisoner denied knowing a female named Selfe, and said, that he had never given any dresses to her or any other female. Subsequently they met Selfe, who said '• That is the man who gave me the dresses." Prisoner then said, "Who split upon me, 1 ' and he was told that it "was the prosecutrix. Witness received the silk dresses from the dyer, and the locket and chain from the female Selfe.

The prisoner said that as the witness Self was not positive that the articles produced were given to him he thought there was such a doubt raised as to entitle him to the benefits thereof. V<t4/t[His Honor having summed up the evidence, the jury, without retiring, found the prisoner guilty, and his Honor sentenced him to one year's imprisonment with hard labor.

The Court then adjourned to 11 a.m. next day.