DISTRICT COURT, WESTLAND.

West Coast Times, Issue 596, 22 August 1867, Page 2

DISTRICT COURT, WESTLAND.

CRIMINAL SITTINGS.

Wednesday, August 21, 1867.

(Before His Honor E. Clarke, Esq., District

Court Judge.) The Court re-opened this morning at elevon o'clock.

ASSAULT AND WOUNDING.

Charles Dowsing was indicted for having,

on 21st April, 1867, beaten, wounded, and otherwise ill-treated one Cornelius Scanlan.

The defendant, who was undefended by counsel, pleaded not guilty. The following Jury were sworn : — Messrs Thomas Doyle, foreman, Davidson, C. Driscoll, G-. Dare, M. Dyass, J. Drummond, J. Cohn, P. Cameron, T. Cowlishaw, B. Callnghan, T. Cuvhill, and O. Campbell. Cornelius Scanlan deposed that, on the 2lst April last, he saw defendant at a store, and followed him into his own place. Witness asked him for some money owing, when defendant rej)lied that he hnd none. Witness snid, "if you do not give me soino you are a lonfer, and I'll have to punch it out of you." Defendant replied — " If you do I'll put a knife into you." Witness then took hold of defendant's arm, when defendant struck witness with the knife, and afterwards threatened to give him another prod with it. Subsequently witness found blood running down his legs : tho knife produced is similar to the one defendant had in his hand.

By his Honor — Defendant owed L 35 for meat. I laid hold of defendant to draw him out of the shop ; he had the knife in his hand for the purpose of cutting some mutton. Cross-examined by defendant — I asked you first to drink with me. You told me that you had borrowed some money from the baker. I will swear I never struck you ; I only laid hold of your arm. Dr Jackson dressed mywounds.

By his Honor — Subsequently Dr Morris attended me.

By defendant — You had owed me the money for three or four weeks before the occurrence took place. Frank Mueller deposed that he saw defendant and Scanlan together ; Scanlan called defendandant "a loafer," and said that he would punch defendant's head. Scnnlan then took hold of defendant, who ordered him out of the shop, and Eaid " let me go ;" defendant had a knife in his hand, aud they struggled together. Tho knife was about an inch from Scnnlan's side. Witness afterwards saw prisoner pick up a tomahawk against Scanlan. A man named Fox then came up and parted defendant and Scanlan.

Cross-examined by defendant — Scanlan struck you after he took hold of you. I did not see you strike Scanlan with a knife ; you had a knife in your hand ; I do not know whether the knife could have run into Scanlan inadvertently duringthe struggle ; I did not see you try to put the knife into him. Dr. Jackson deposed — I am v qualified medical practitioner. I attended Scanlan on tho dny following 21st April ; I found an incised wound in the right groin ; the wound was about an inch and three quarters in length, and about three quarters of au inch in depth, and had a direction from outwards to inwards. The wound was not of a dangerous character, although it was inflicted in a dangerous part, and would have been highly dangerous had any force been used in inflicting it. Scanlan was in bed when I saw him. Such a knife as that produced would have inflicted such a wound.

By his Honor — From the direction of the wound I consider it could have been inflicted by accident.

Dr. Morris, Sui'geon at the G-rey Hospital, deposed to having attended Scnnlon, and he (Dr. Morris) then described the nature of the wound in the right groin ; the wound itself wns not of a dangerous character, but the after consequences might have been dangerous. Scanlon was in tho hospital for seven or eight weeks. During his treatment of the wound, witness had to remove two pounds of extravnsated blood ; the wound was three inches in length.

Police Sergeant Clements deposed to arresting defendant at Saltwater Creek. Took the knife produced from defendant's shop. Tho defendant declined to address the jury, and called no witnesses.

His Honor, in summing up, snid thnt the question for ihe consideration of the jury was, whether the wound had been inflicted accidentally during tho struggle, or whether it had been designedly done. ' <

The jury retired, and onyth n ir return into Court after deliberating for upwards of two hours, requested Frank Mueller's evidence to be read over to them. This being done they ngain retired, and had not agreed at 5.30 p.m.

SENTENCE.

Willinm John Price, who had pleaded guilty to a charge of larceny, was brought up for sentence. The following witnesses were called by the prisoner as to his character : —

George Millbank deposed that he knew the prisoner, but knew nothing either for or against him.

Mr Ingles was called, but did not answer.

Prisoner said that Mr Carey, of Carey and Gillos, could have given him a character, but that gentleman was in Melbourne. His Honor said thnt the .offence of which prisoner had been convicted was of a very serious character — viz., that of robbing his employers. He was, however, disposed to think this was prisoner's first offence, and it was to be hoped that when he regained his liberty he would begin a new lif-. He should not sentence the prisoner to hard labor, as he did not wish him to be made toko by evil associations. The sentence of the Court wns thnt prisoner be imprisoned for six months.

THE BANK ROBBERY AT CREYMOUTII.

Charles E. Grundry, was indicted for that he on the 6th day of July, 18G7, being a clerk employed by one Robert Harold, did on the day above mentioned, feloniously stenl, take, and carry away the sum of L 486 15s Gd, the monies of the said Robert Harold, contrary to the provisions of the statute in that case made and provided. (7 and 8, Gcove IV, Cap. 29, Sec. 46.) The prisoner pleaded not guilty. The Crown Prosecutor, with him Mr Button, appeared for the prosecution. Mr Rees defended the prisoner. The following jury were called— Messrs John Colfar, Daniel Cullen, J. F. Casey, T. Cook, T. B. Clarke, J. Casey, H. Craig, R. Cole, L. Cramer.

The panel being exhausted, the Crown Prosecutor prayed a tales, and accordingly t'nc following gentlemen were called, and took their seats in the box — Messrs J. Ryan, P. Mnndcville, and R. Wright. The jury having been sworn, chose Mr John Casey as their foreman. The Crown Prosecutor, in opening the case for tho Crowu, stated that under a colonial Act the Union Bank was entitled to sue and be sued in the name of the General Manager. Now, Mr Harold was the General Manager of tlie Union Bank Corporation for the West Coast, and therefore the indictment was luid in his nnme. The prisoner had been employed as a clerk in the Union Bnnk at Greymouth, and it was whilst engaged in that capacity that the alleged larceny took place. Robert Harold, examined by Mr Button, deposed — I am manager of the TJnion Bank at Hokitika; that of Grreymouth is a branch. Up to Gth July prisoner was employed as teller in the Bank at Greymouth. On Gth July I sent David Thompson up to Greymouth, and in consequence of telegrams I received, I went to Grreymouth on the morning of Sunday, 7th July, and I saw the prisoner ; I spoke to him about a deficiency in his cash. Ho mentioned that his cash wns L 468 15s Gd short. He said, on Saturday, Gth July, after ho wrought up his cash-book, ho took what Union Bank notes he had in hand, and gold and silver, and locked them up in his safe, leaving a parcel of mixed notes locked up in his drawer, aud then went to Johnson's Hotel to see some friends ; he came back, and when he was standing at his desk Mr M'Kay, who is ono of tho officers of tho Bank, passed through. After dinner, about 6.30 p.m., prisoner said that ho mot two diggers who wanted to sell some gold ; he took the diggers to the Bank, and as he was entcriug tho Bank ho saw Mr M'Kay come from tho cottage at the back and pass out through x the Bank. Prisoner said that woighing the gold occupied fifteen minutes, and ho paid for tho gold

out of tho money in the safe $ nt that time the drawer in which he had locked up the money Was closed. He then went away for half an hour, and on returning to tho Bank he met Broadbent, a jeweller, who wanted to get out some boxes which were in his (prisoner's) bedroom, behind the Bank. I asked prisoner what he was doing with the boxes in his bedroom* and lie told me that Broadbent, who was about to become insolvent, asked him to keep them for him out of the way. Prisoner snid that Broadbenl and he went to an hotel where they found M'lvay, and that he loft M'Kay and Broadbent there, and went back to the Bank, and on getting a a light he found the drawer of his desk burst open, and the parcel of mixed notes gone. Prisoner said that he looked to the window and found it open, and found some mud on the windowsill as if some person liaJ entered. This mud he pointed out to me. Prisoner told me that that wns the way tho money must have gone. Prisoner said that after delivering the boxes to Broadbent, he went away leaving the back gate open. I know the drawer in prisoner's desk, for he pointed it out to me; that drawer slides under the counter, and the bolt of the lock goes up into the counter when the drawer is locked. The drawer is divided crossways— the division runs parallel with the countor. There were also sub-divisions on both sides of the central division. I saw the division in which prisoner said that he had placed the mixed notes. I examined the drawer in prisoner's presence. Prisoner did not say that there was anything else in the drawer besides the mixed notes. The drawer was not the proper place for keeping money when prisoner wus out. It was his duty when he left to have locked the money in the safe. The division in which the prisoner said he had left the money was a most unlikely place to look for money by a person unacquainted with the liauk. ■ The lock of the drawer looked as if the drawer had been drawn out and the lock pressed back. I examined the counter and could not find the slightest mark of violence at the place where the bolt shot into the counter. I considered, from examination, that if the drawer had been forcibly dragged open it must have made some scratch. I "produce the teller's balance-book, in which he specifies the cash for the day. On the 6th July the entries are in prisoner's writing. There was a deficiency on that day of L 468 15s 6d. On the 11th July, in consequence of an occurrence which took pkee ou the 9th— Mr Rees objected to this conversation bein<* given in evidence, on the ground that it was extorted from prisoner on a threat that if he did not clear up he would bo given into the custody of the police. His Honor overruled the objection. Witness— l spoke to the prisoner on the 11th, and asked him why he had not repaid to Mr Worth, the agent at Grreymouth, Ll4 11s winch ho (Mr Worth) had given prisoner to take up dishonored cheques which lie (prisoner) hud drawn on Nelson branch. Prisoner replied—" I am not able, I have paid up as much as I am able to puy." My question referred to why prisoner had not done so belore 28th June. The prisoner's cheques came back dishonored in November last, amounting to L 27 11s. On the 29th March I knew that Mr Worth had assisted prisoner. I asked prisoner— " How have you disposed of the amount of your duo salary Lls ? " He said that he had paid Mr Worth, on ♦he 21th June, L 6 14s, and the 28th L 2. Prisoner said '''that is correct." I said to him— "You told Mr Worth, on the 28th, that you had only L 6 or L 7 remaining of your salary." Prisoner said — " That is correct." I said—" On the 28th June you gave Mr Johnson a cheque for L 7 10s, which was presented on the following day." I then asked — '• How did you get possession ofaL2onote on the 9th July F" First prisoner said — " Ido not know what right you have to know that." I snid— ".l have not the right, you must consider you are not acting under compulsion, but considering what has happened, 1 do not see why you should object to tell." Prisoner said — "I do not wish to have people's names mixed up with that, if you will allow me to go out and see the parties first, I will tell you where I got the money." After considerable hesitation, prisoner told me that he and a person named Raphael won a gold watch fit a raffle, and Raphael had given him L 26 for his share of it, 1 saw Raphael and then saw prisoner, and said to him " I have seen Raphael, and all the money you got from him was Lll on tho 19th May, which just enabled him to meet the cheque which he had given for tho chance he had bought, and some trifle he had spent in drinks." I said "you got no other money irom Raphael, except ou 10th July, when you got L 4, and you must see that 'will not account for the L2O note." I then said " are there any others you have got money from ?" Prisoner again wanted to go out to sen a party ; I told him that I would believe it much more readily if he told me without going to see him. After consideiable hesitation, prisoner told me that he had got L 2 from Mr Ollivier, the surveyor, a fortnight, previously, and various sums from other parties. I said " there is no use in your trying to account for it. in that way as you got L 3 10s from O'Donnell on the 11th July, when you were about to start for Hokitikti. When I went to Greymouth on the 7th I examined the Bank ; the doors and locks were all right. I looked at the window; thers was a very small quantity of mud on the inner edge of the sill; there we.-eno marks of violence on the window ; the ledge of the window is from five to six feet from the ground outside ; it is a narrow window ; not opened. by lifting it up, bub is opened sideways by hinges, and is fastened by a bolt which was rusty, as if it had not been often used : there were no naarks of violence where the bolt caught. The examination was made in tho prisoner's presence, and in his presence I asked nil the officers of the Bank whether anj' of them had opened the window, or seen it open. They all said, with the exception of the prisoner, that they had not seen it open for a week. I asked prisoner if he opened it. He said " No." I then aßked him if lie hud seen it open ? He said thnt he did not recollect seeing it open. The bolt could not have been forced back from tho outside without breaking the glass. The locks of the doors and safe were all right. The window opens into a back yard where the cottage is. Thorc is a door close beside it.

Cross-examined by Mr Rees— The prisoner's balance in the teller's book was made on the Gth July by prisoner, by order of Mr Worth. It would be a very unusual way to sort out the Union Bank notes whilst sorting out the other notes, but it would be possible to do so. The sum of L 1970 in Union Bank notes was put into the safe by prisoner on the Gth July. Prisoner told me tho amount of the deficiency. Mr Worth also made a statement of the deficiency, which was exactly the Bame. There was not a difference of L3O between the two statements. I understand that Messrs Worth and M'Kay both had keys of the bank, but I wns not aware until the investigation at Grreymouth that they had keys of the front door. It was aboutlunch time on the 11th July that I had a conversation with the prisoner. I did not then tell him if he did not give me an account of his finances I would give him in charge— thnt was on the Monday following that conversation — I made n mistake when I said tho conversation took place on the 11th, it was on Saturday the 13th. I did not say to prisoner when I came back from 'seeing Raphael, that what ho had said about Raphael was correct. I did not tux prisoner with falsehood. I believe tho lock wns forced off the drawer when tho drawer was open. Immediately after I had examined the premises I suspected tho prisoner ; and moreover I had learned that ho was living fast — above his salary — and that he was in debt to Mr Worth. I knew that ho had been short LlO in his cash, which he paid by instalment. It was by horosay that I learned that Mr Gundry was a faßt man, and that wtis the reason I recommended his removal to Nelson. J. dare-

say I have known tellers to leave- their notes unsorted, but it is very unusual. I never suspected any one else. I never wished td withdraw tho charge ; I never spbke to inspector James about it; Prisoner was in the bank in Kdkitika with me for about six weeks, he had then nothing to do with the cash. If he had conducted himself improperly then he would not have been recommended as teller at the Grey. Prisoner's salary was LI 87 10s a year. Ho paid LI 10s a week for his bo-ird. On the 10th July I received information that prisoner hid a L2O note in his possession. Re-examined — Prisoner, on my recommendation, was to be removed to Nelson, as I thought Nelson was a quieter place than Grreymouth, and he might break off his habits. By his Honor— When I saw the prisoner, when I first went to Greymouth, I told him what I had come up about. There were no marks on the window sill outside, nor any marks of violence about the window. The bolt could not be opened from the outside without breaking the glass. The place in the drawer where prisoner said he had placed the note 3 was one of the back sub-divisions. Isaac O'Donnell, examined by the Crown Prosecutor— l reside at Greymouth. About the month of July, prisoner came up to my shop, and tasked him whether he had heard any thing further about the bank robbery. He said no ; that they had heard nothing since, but he believed Mr Harold and Mr Worth suspected him of taking the money. Prisoner said that he had been saving some money out of his salary, and had put small notes in the till and took out a L2O note ; that, afterwards finding that he had a debt to pay, he went ba^k to the Bank and found another teller in his place. Prisoner asked me to tell Mr Harold thnt I had lent him Lls. I had let him have Lls, but not at that time ; prisoner, about three weeks before that, had lent me Lls. I had received LlO from him the week before the robbery, but paid it back a few days previous to dale of the alleged crime. Cross-examined by Mr Bees — I remember the night of the 16th July, prisoner came in to my place that night. He stayed about a quarter of an hour. We spoke about the money, and prisoner said he could satisfy MiHarold about the whole of the L2O. I could nob say exactly when I lent prisoner the Llo, it must have been about five months before the robbery.

By his Honor — The prisoner came to me on the 6th July. He told me that he would rather resign his situation at the Bank, than be suspected of the robbery. The Crown Prosecutor — What did Mr Gundry tell yon to say to Mr Harold about theLlo?

Witness— He asked me to tell Mr Harold that I had lent him Lls within the last fortnight.

Mr Rees— Now then tell me the exact words he used ? Witness — He asked me to tell Mr Harold thnt I had lent him LI 5 within the last fortnight, prisoner told me that perhaps either Mr Worth or Mr Harold might Jcome and see me. Mr Rees— What did you say in your deposition ? Mr Button — If you want the deposition read, you can have it read by the clerk of the Court. Mr Rees— l'll read it myself: I only want one part read. I want to prove that the man has made a confused statement — that he has •not stated now what he stated before. Mr Button— l object to such statements ; if you wish the depositions read you can have them read, but you have no right to mako such a statement. The Crown Prosecutor contended that if it was wished to examine the witness on bis deposition, the whole of such deposition must be read. His Honor ruled that if the deposition was referred to in cross-examination, the whole of it must be read. Witness cross-examined by Mr Rees — Prisoner wished me to tell Mr Harold that I had lent him Lls. Inspector James, examined by Mr Button, deposed— on the 6th July I was called upon to examine the premises of the Union Bank at Greymouth. I did so in company with Mr Worth, and found the window in the manager's room open. That window must have been opened from the inside. There were no marks outside the window, nor any marks of violence. On the extreme edge of the inside sill there was a little mud and sand, and from examination I came to the conclusion that the mud and sand had been placed there from the inside. There were no marks of footprints or nails either inside or outside the sill, nor were there marks of footprints on the ground outside the window. I unbolted the window, and then could not open it with my hands, and. the detective had great difficulty in doing so with his knife. I examined the drawer and found the lock nearly broken with the bolt-shot. The lock was merely holding on by one corner. The screws appeared as if they had been'reoently taken out, and there was a small portion of woodwork adhering to the screws. There were not the slightest marks of violence about the drawer' or the place where the bolt shot into.

Byyjiis Honor — I think the bolt shot into the counter for about a quarter of an inch. The lock was not injured at all. Cross-examined by Mr Rees — The lock could not have been broken by pulling the drawer violently. I examined the gravel on the window on tho Saturday night (6th inst.), but saw no footprints then or on the following morning.

Mr Rees — Do you suspect anyone else of this robbery ? Witness — I'll not answer that question unless his Honor bids me do so.

Mr Rees — Oh! very well; it will answer my purpose Witness — I always suspected the prisoner from the first.

Henry Raphael examined by Mr Button, deposed that he wns in the employ of Mr Morris Levy at G-reymouth. Prisoner joined with me in the chance for the raffle of a watch at Greyniouth. That might have been in May ; it was not after Juno. I did not pay prisoner anything afc that time. I paid him first LI I on May 19. I never gave him an IOU, neither did he give me one. On June 10th I paid prisoner L 4 About that time prisoner asked mo for the money, because he said that he was going away. I purchased the share in the raffle for LlO, and I asked Mr Gundry if he would go halves, and | he snid " Yes." Prisoner gave a cheque for LlO oh the night of the raffle. It was on I July 10 (that I gave tho L-i- to the prisoner ; it j was after tho robbery at the Bank. I paid tho Lll before I paid the L 4.

Cross-examined by Mr Rees — I am certain that the LI was paid on July 10 ; it was on a Wednesday. At this stage of the proceedings the (rial was adjourned until to morrow. Mr Rees applied that tho prisoner might be released upon bail. The Crown Prosecutor said that he should not object to prisoner being released on the same bail as before.

His Honor declined to admit the prisoner to bail.

His Honor expressed his regret that he could not release the Jury, but as the trial was not concluded they could not separate, yet, at the enme time, every accommodation should be afforded them.

The Jury then retired for tho night, under the charge of the proper officers, to the Post Office Hotel. The Court adjourned at 5.30 to 10 p.m. His Honor again took his seat on the Bench at ten o'clock.

Tho Jury, who had been locked up in Dowsing's caso, came into Court.

The Foreman Btated that they had not agreed upon their verdict. His Honor oppressed his regret at not boing able to discharge them.

The Jury were then locked up for the night, and the Court adjourn od until 11 a.m. next day.