WESTLAND DISTRICT COURT.

West Coast Times, Issue 643, 16 October 1867, Page 3

WESTLAND DISTRICT COURT.

CEIMINAL SITTINGS. (Before his Honor Judge Clarke.) Tuesday, October 15.

The District Court opened this morning at eleven o'clock.

The Jury list having been called, and all the gentlemen summoned appearing, several of them were, upon application, excused from attendance.

Mr O'Loughlin, the Crown Prosecutor, presented an indictment against Henry Turner, alias Henry Brock, for larceny, upon which the prisoner was arraigned, and pleaded not guilty. A Jury having been empannelled, chose Mr George Findlay aa foreman. In opening the case the Crown Prosecutor said that the Jury would perceive that the case was a complicated one of law and facts, of which the chief incidents were that the goods, the larceny of which was charged, were left by the prosecutor in his store, iv charge of his wife, whom he left to go to Hokitika, and on his return lie found tho prisoner living with his wife in possession of his store and goods. The pronecutor again left, and again returned, when ho witnessed goods which he believed to be those mentioned in the indictment removed from his store to a digger's hut, and afterwards packed from that hut to another at Darkies Terrace. It would be proved to them that a portion of tho goods, included in the indictment, were found iii the prisoners house when searched by the police, and evidence would be brought to show that the frame of the prosecutor's store had been disposed of by the prisoner. He would inform them, subject to His Honor's direction, that although in law a wife was presumed to be the agent of her husband, and in actions done by her direction his consent was implied, yet that rule did not extend to cover tho taking of the husband's goods by a paramour, under the sanction of an adulterous wife. The Crown Prosecutor quoted a case in which such a takiug had been held felonious, and called

George Harper, who being sworn said — That on 12th June last, ho was a storekeeper on the nine-mile beach, near Greymouth ; and his wife Eliza Elizabeth Harper was living with him. About that time he left his store to go to Hokitika, leaving his wife in possession of it, and the other goods mentioned in the indictment, namely — one silver watch, one gold pin, two dozen ting of salmon, one dozen tins of jam, and four dozen tins of sardines. He was absent about five weeks, and on hi 3 return he found the prisoner living with his wife in his store, and in possession of his property. He was not certain that all the goods were there on his return, but some of them were.

The witness spoke to his wife in the prisoner's presence, expostulating with her upon the life she was living, and offering if she quitted it — to let bye-gones be bye-gones, but she refused. This occurred in "his store on the day of his return. He slept that night in a tent about 100 yards from his store, and. next day went away to the seventeen-mile beach. From information he received, the witness came back in about three weeks, and saw the prisoner and the witness's wife removing goods from the store, to 'a digger's hut adjoining, and afterwards saw those goods taken away by a packer. Ho tried to keep out of the prisoner's sight, and, therefore, was not near enough to see what the goods were. The witness's store was also taken down and the framework removed. Ho left a watcn in his store when he went to Hokitika, and did not see it again till he saw it in the possession of the -police at Greymouth. By the CourL — On his return from Hokitika the witness saw sonio of the goods mentioned in the indictment in his store, which was then in the prisoner's possession. When the goods were being loaded on the pack-horses, the prisoner assisted the packer in loading and the witness's wife did the same.

Cross-examined by the Prisoner — Did receive goods from CHenu Bros, immediately before I left for Hokitika, but did not sell them out and say I intended to desert my wife, *nd that she lniglit do the best she could. Did not tell ' Billy ' I was going to leave her. . Did not tell Sommers so. Did not tell you that I had £8 and a revolver, and intended going to Sydney or Melbourne. Might havo told you I was going to Melbourne, but it was only because I did not choose to tell you my concerns. I did not tell auyone ebe I was going to leave the country. On my return from Hokitika I was told that Glenn Bros, had been looking for me, and I had better clear out.

Ee-cxamined — The watch now produced is the same I left in the store when I went to Hokitika. I will not swear that I never gave it to my wife.

Sergeant Thomas Mayo said that in executing a search wammfc against the house of one Henry Brock, he enquired at Ealeigh, of the prisoner, if he knew where that person lived. The prisoner said he did not, but he expected ho was the man wanted, adding his namo was Henry Turner, and that if he was wauled he would go. The witness then searched the house inhabited by the prisoner and Mrs Harper, and found the watch produced. Patrick Warren, on his oath, deposed that he was a storekeeper living at the Ten Mile Creek, and was employed, about the beginning of August, by the prisoner to pack some goods from there to Darkies Terrace. The goods were all packed in sacks, and he did not know what they were. The prisoner assisted to load them. The hut from which he got the goods looked as if it had been inhabited. Mrs Harper and the prisoner were in it, but all the things were packed up when he went there. (Continued in gage 'LJ

Coubt3. — {Continued from page 3.J The prisoner and Mn Harper accompanied him to Darkies' Terraqe, and he left them at the hut where he left the goods. The prisoner gave fcp witness, the framework. of tho store " that Harper used to keep. He first wanted Tritnees to take' lt in part payment, but he would not. Ib was worth os. '- By the Court — Ife was about 3 p.m. when ■we arrived at "Darkies' Terrace. Bt the prisoner — When hiring wit-ness to pack, the prisoner said the goods were " the missis's." Some of the things were left in the hut at Nine Milo Beach, which the witness promised to take to Darkies' Terrace another time. Some of them were lost. Mrs Harper asked about them. Tiiis closed the case for the Crown. The prisoner called . Eliza Elizabeth Harper, who deposed that about tho 12th Juno her husband left her without any money, and with only a few things in the store. He left two men behind him there, who continued to lire there as long as there was anything to eat. The stores which he left behind, and which were mentioned in the indictment were eaten by her and them.- She had nothing eleo to lire on. The store was nearly burned down once, and, after that there was no front to it. . She* hune a blanket in front, but men could come in at any hour of the night. She was indebted for provisions to tho prisoner and his mates, who also repaired her store. She sent down to the prisoner to come np to her, as she could not , live that way any longer. She asked prisoner to engage Warren to pack some things, thinking he would get it done cheaper. The things were her wearing apparel. Cross-examined by the Crown Proseiutor — Tho witness was living with the prisoner as his wife, and was living with him in that way when the goods were packed. The prisoner being asked by his Honor if he desired to address the jury, said that he had now been for fourteen years in the colo- I nies, and had always borne a good character, j never having been before a court, The conduct of the prosecutor to his wife was a matter of notoriety in the neighborhood where lie lived ; and when he went; to Hokitika he left iier in a store to which there was no door and no sleeping place. She was without money and without food, except the articles mentioned in the indictment, and such flour and other things as the miners around gave her. The store gave her no protection, and one night he and his mate were aroused by her screams, and on going np found that three men had got a bottle of grog and got into tho place and tried to force her. Afterwards his mate and he put the place into better order out of pity to the woman. He was not living with her at this time. The husband was in the habit of defaming his own wife, saying he was not married to her, and giving rise to an opinion that she was a loose cliaracte. The Crown Prosecutor replied, .and his Honor in summing up . told the jury that there was just sufficient evidence to justify him in sending the case to them. Ho explained the law on the subject generally, and pointed out its application to the present case, but remarked that the evidence of identification was so weak, that if it liad been any less he would not have put the case to them. As it was, it was certainly competent for them to convict, but he thought they should be very careful in doing so ; a weaker case he had never heard. The jury having retired, returned into Court after a consultation of about five minutes, with a verdict of "Not Guilty." The prisoner was discharged. George Thomas Osbaldiston (a man of color) was then arraigned for larceny. Mr Havrey defended the prisoner. After a brief opening address, the Crown Proseiutor called Sydney James Page, who deposed that he was a clerk at Greymouth. On the 11th October he attended a ball at Hamilton's Hotel, at Eutherglen, and after dancing until between one and two o'clock, he went into a building opposite the hotel, laid down on a stretcher, and fell asleep. The building was one belonging to the Tramway Company, and their men lived in it, but on this night the supper was laid out in it, and many persons were passing in and out. Ho had seen the prisoner and a man named Hart at the ball. When he lay down he had his watch and chain on him ; he also had a pocket-book and a few shillings in silver. The watch produced is the one that was •tolen from him ; the chain is like the one stolen from him. The watch cost Lls, He awoke about five or six o'clock in tho morning, and immediately missed his watch ; he found his pocket-book lying beside him, it had been opened, but nothing was taken away. He saw Hart in the room when he awoke, and thought he saw the prisoner just leaving the room. He was quite sober when he laid down. Cross-examined by Mr Harvey — Witness identified the watch by its general appearance, by a Blight dent on the back, and by a scratch inside the case. He did not know ihe number, but Inspector James got the number from the watchmaker who repaired 'iis watch, and it corresponded with that of the watch found on the prisoner. At Mr Harvey's request this witness*! deposition was read. i James Clements deposed that on the morn- ' ing of the 12th October, he went to Hamilton's Hotel, Rutherglen, where he &aw the j prisoner going fri m the bar into the dancingroom. Witness told him to stop us he wanted to speak to him, but the prisoner took no notice. He then held him and took him behind a partition, and asked him it he had a watch on him — he said he had «ne of his own — at the same time producing an old silver one. Witness asked him if he had another, when he said he had not. The witness told him to take his hands out of his pocket, but the prisoner kept his left hand in his pocket, and when compelled to take it out — he put it behind my back, but witness saw part of a watch chain hanging from it. The prisoner resisted so violently, that it ' required the assistance of three other men before witness could take the watch produced from him. Some time after his arrest, and when witness had taken prisoner to the Camp, the latter told him that Hart gave him the watch. There was a crowd around at the time, and Hart wasprominent amongst it. The prisoner pointed him out, and the witness arrested him on the same charge he wa» brought before the Magistrate and discharged. Cross-examined by Mr Harvey. — The witness was in plain clothes when he arrested the pri•oner, and did not tell him ho wai a constable, but believed the prisoner knew him very well, •s he (the priioner) frequently brought fish to the Camp. William Elson, being sworn, said ha was a miner, residing in Butherglen, and had attended the ball at Hamilton's Hotel, on tht 11th inst. He knew the building opposite Hamilton's Hotel. He and twa other* were in there on the morning of the 12th. Pago ,was there asleep. The prisoner and Hart were also there. Witness and his two mates loft, leaving the prsioner Hart and Page behind. Saw Hart and the prisoner in the dock •t Greymouth on thii charge. Hart wa» discharged. Cross-examined by Mr Harvey. — The witness did not dance at the ball. George Hart being sworn, said tl'afc he was a ux)kat Mr Johnson's Hotel at Greymouth. He was at the ball at Hamilton's Hotel, Butherglen, on 11th inst. Mr Hamilton asked )tim m • fcrar *• *m **4 i*f «ftf> *• HW#i.

He saw tho prisoner there, and asked him to -carve a sucking pig. On the-morning of the j 12th the prisoner and the witness went into J the building opposite tho hotel to gel Bonietlvng to eat. The witness then heard something had been stolen. He did 'riot give a watch to the prisoner. Bfe did not call him out of the ball-room to give him a watch. j Mr Harvey interposed. He really must object to, the crown prosecutor putting the words into the mouth of tho witness. The Crown Prosecutor must insist on continuing his examination. Mr Harvey had had a portion of tho depositions read, aud that entitled him to make use of theTwhole. ' He was examining from the depositions. His Honor ruled that the Crown Prosecutor could not repeat, iv the form of a question, the words he wanted the witness to give as an answer. '". • The Crown Prosecutor could not continue his case without. He niU3t ' ask the witness whether the prisoner's statements were true, and fo do bo ho must tell him what those statements were. The Court would not allow the Crown Prosecutor to lead the witness. Tho Crown Prosecutor would then ask to have the prisoner's stitemeut read. This was done, and paragraph by paragraph the witness denied its truth. Cross-examined by Mr Harvey. — The witness came to Greymouth in the schooner Spray, seven weeks ago, as cook. Ho met the prisoner there, and were both applying for the berth of cook at Johnston's 'Hotel, that was how he became acquainted with him. Before he was in the Spray ho was cook in the Canterbury schooner. He did not tell the prisoner at the ball that Mr Johnston wanted to see him. Did not believe Mr Johnston was there. Had not been in trouble. Was never before a court in his life, except when ho appeared as Sergeant of Police at Hong Kong. This closed the case for the prosecution. Mr Harvey, for tho defence, urged that the watch had been given by Hart to tho-pri-soner to take care of, and that now to save himself Hart denied his part of the transaction. The Crown Prosecutor replied, and his Honor having summoned up, the Jury, after a brief deliberation, returned a verdict of Guilty. At tho request of the prisoner's Counsel sentence was deferred until to-morrow morning that evidenoe as to character might bo adduced. The Court thon adjourned until this day at eleven a.m.