WESTLAND DISTRICT COURT.

West Coast Times, Issue 691, 11 December 1867, Page 2

WESTLAND DISTRICT COURT.

'CRIMINAL SITTINGS. Tuh3Dat, Decembeb 10, 1867. (Before Hiß Honor E. Clarke, Esq., Judge.) Tho Criminal Sittings of tho District Courfc opened this morning at elovon o'clock. BTBALIS& IN A DWELLING. Emma Webb, who had been out on bail, now surrendered; and was indicted for having on 30th October, 1867, in the dwelling house of Alfred Rawlings, stolen one L2O bank note, ono L 5 bank note, and two Ll bank notes, the monies of Alfred Rawlings, and another. In a second count, pi-isonor was charged with stealing a certain warrant or order for tho payment of money. The prisoner pleaded not guilty. Tho Crown L'rosecutor, Mr O'Loughlin, appeared for tho Crown, and Mr Button for the prisoner. Alfred Rawlings deposed — that ho was a butcher, residing in Revoll street. Had known tho prisoner five years. On the 30fch October, witness met prisoner in the street, and invited her home to dinner. Witness' wife was inside the sitting room when prisoner went in. There was a cash box on tho cheffonier, contain a L2O note, a L 5 note, and two Ll notes ; also a cheque for LB, drawn by Mr H. C. Richmond, of the New Orleans Hotel — prisoner was left in the room alone for a short time. This cheque produced is the one that was in tho cash-box when prisoner was in tho room. Tho notes produced wero liko those found in witness 1 cash book. Witness could identify ono of tho notes. Upon tho application of Mr Button the witness left the Court for a time, and tho noto that was said could be identified wai mixed with other similar notes. Examination continued — On witness retiring to tho room prisonor said she must go, and she left. Witness aaw tho ca3h-box was partially open, aud he took it up and carried it into his bedroom. About midnight witness found his monoy missing, aud ho reported it to tho police. The next day wituess mot tlxo prisoner, who doniod all knowledge of tho money. Slio then went away. Witness next saw prisoner with Detectivo Browne iv tho Spread Eagle. Prisoner said she had uo objection to be searched, but afterwards refused to bo searched without a warrant. She was then takon to tho watch-house.

Cross-examined — Only our own family had access to the room whero tho cash-box was. I did not accuse my partner of taking the mousy. The gold and tho silver wero left in the cash-box.

By the Jury — I can identify one of the Ll notes — (tho mixed notes were hero handed to the witness, and he picked out the note ho identified.)

By Mr Button — I did not describe the nota to the police. I know the note was oa the Union Bank.

Janie3 Colo deposed — I am in partnership with, tho last witness. Tho witness here corroborated hi 3 partner's evidence as to the uiouey and the change in the cash-box.

Thomas Harrison deposed that he was second inato of the steamer Charles Edward on her voyage from Melbourne. Prisoner was a passenger ; she came ashore on the 30th October, and returned on board the following day after some luggage. When she again went on shore witness found the chequo produced on the deck. Witness had tho chequo in his possession for three weeks, and then gave it to the Sergeant of Police at the Grey who came for it.

Cross-examined — Several persons came on board the day the prisoner came on board that day. ,

Detective Browne deposed to apprehending the prisoner, on 31st October, at tho Spread Eagle Hotel, Eevell street, she said that sho was perfectly innocent of stealing the money. Subsequently, as witness was watching the prisoner, ho saw her attempting to pull down her left stocking. Sho still denied having the money. Sho then pulled olf her right boot, and was in the act of pulling down her right stocking. She still refused to take off tho left. Witncis then took her to the female •earche.r, when prisoner said to witness — " Now. you have known me a long time, w« can settle it, and I'll give you a L 5 note." After prisoner was search id, tho female searcher handed witness L 25 in notes.

The witness, Rawlings, was recalled, and, in answer to Mr Button, said that he had known tho prisoner for five years, and had always known her as a honest, hard-working woman.

Mrs M'Mynn, the female searcher, deposed to searching the prisoner, on 31st October, aud finding on her one L2O note and five Ll notes concealed in her left stocking. Prisoner asked witness not to expose her.

Cross-examined — Prisoner took off her things and handed them to witness to search. Witness would not awear that she did not tear the Ll notes herself.

This closed tho caso for tho Crown, and Mr O'Loughlin then summed up the evidence.

Mr Button addressed the jury for the prisoner, and poiuted out that the evidence to support the second count of tho indictment was bo yevy alight that it would bo most unsafe to rely upon it and to convict the prisoner on that count. <As to the othor part of the case — Tiz., tho stealing of the notes — ho must submit that tho whole of the evidence- to support that was of n, purely circumstantial character, and which required the careful sifting ! and consideration of the jury. The Crown reliod on this, that it had beeii proved that prisoner was in tho recent possession of stolen property, and that her conduct was inconsistent with innocence. With regard to tho i former of theso points, he would submit that ! whero the article was of a character likely to pass from hand to hand, such as baiik-noles, the law would not lay a very heavy stress on tho fact of recent possession. Then again the proof of tho identity of the notes was so vague I that it would never do to couvict the prisoner upon it. As to the prisoner's conduct being inconsistent with her innocence, he would ask j whether it was any matter for marvel that on prisoner being accused of stealing the money ' aho should appear confused, and deny that she had taken it. Then, as to her concealment of the money in her stocking, they must recollect that she — a lone female — had been travelling, and it was perfectly natural she should thus conceal her money. The learned counsel concluded by urging that confusion, agitation, nay even flight, when a person was accused of crime, were not inconsistent with innocence. (Will* on Circumstantial Evidence, p.p. 79, 80, 81, 82). His Honor, in summing up, rcmarkod that tho evidence of identification, both of .the notes and cheque, was anything but satisfactory, and very weak. That, however, was a question for the consideration of the Jury. With regard to tho prisoner's conduct, although lie agreed with a great deal that had been said by her learned Counsel, still there were circumstance's connected with her conduct which rather told against her. On tho other hand, there were others which told in her favor, and it was for the Jury to well weigh all tho circumstaucea of the caso, and give their verdict accordingly. The Jury retired at five minutes to two o'clock, and not having agreed at 2.35, the Court adjourned to 3.30, and, at that time, as tho' Jury were still not agreed, tho next case was proceeded with. [The Jury subsequently came into Court with a verdict of guilty against the prisoner on the .first count of stealing a Ll note, but strongly recommended the prisoner to mercy on account of her previous good character. \lis Honor said it was a most painful thing to see s person like tho prisoner who had borno a good character for years in her present position. The sentence of the Court was that prisoner be imprisoned for one month.] IABOENT. Alfred Munton, Robert Brown, and ITm. Buttle, were indicted for having, on 24th October, 1867, stolen one bag of sugar, on« |

bag of tea, and other articles, tho property of Alexandor Thornbury. The prisoners, who wore undefended by Counsel, severally pleaded not guility. The Crown Prosecutor, having -briefly •tated the case, called — Alexander Thornbury, "who deposed that, on 24th October, he was residing with Joha Davidson, at Welshman's Terrace, Saltwater Creek. Subsequently witness went down 'to the beach, and then returnod with a packer, and took down the tent and rolled it up. Witness also packed up a flute, a music book, and a knife, which wero his own- property. Witness packed them up, and told the packer to bring them down. ]N T o person was left in charge. In consequence of something he hoard witness went to prisoner's tent and saw them. Witness told them he had lost some things, and saw the raiibic book in the tent, and the tea and .sugar hanging outside. Witnes said — " thoso are my things.*' Munton said — "it is false — they are not." Tho other prisoners were present at tho timo. Witness next went up with a policeman, and met Buttle. Witness •aid — "that is one of them." Buttle said — " I am come down about 300 or 400 yards and my mate will bring the things." They went down and met Brown who said — " here are the things we were just going to send them down by the packer." Witness opened the swag, and they found blankets, flute, tin whistle, music book, and knives. [The witness here indentured the articles produced.] Robert Anderson, a packer, corroborated the evidence of the previous witness. Constable John Keating, stationed at Greymouth, deposed to apprehending the prisoners Buttle, admitted that they had taken the articles, and had used the tea and sugar, but that they intended to return them by the packer. Munton was not present. ' Brown had the articles produced in his swag — who also said that they intended to return the articles by the packer. Witness arrested Muntou last, who made a similar statoment to Buttle, tho other two prisoners were present. This closed the ease for the Crown. Munton said that when they cam* to tho old camping ground, it looked as if it was deserted. Ho went on to the store to get something for tea, leaving his mates to pitch their tent. They took the blankets to spread uuder their bod, and usod somo of the other thing*. The next day the packer came, and Brown gare him "what he thought belonged to him, irheu the packer Iwas1 was gone they found somo other things, which they removed to their tent — intending to send them down by the packer. The things wero not concealed, and on the Thursday, Thornbury came up aud accused them of theft, this naturally irritated them and they refused to give then up to anyone bafc the packer. Shortly aftorwards tho constable came up, and they gave him all tho things. Ho and his mates had nevor stolen anything, but had always tried to gain an honest living. (Tho other prisoners made no defonce.) His Honor said that tho question for tho jury to decide was what was tho intention of tho prisoners in taking theso things — whether to steal thorn or intending to return them as soon as they found out tho ownei\

The jury without retiring acquitted the priionors who wero thon indicted for haviug stolen certain articles the property of John Davidson.

They sorerally pleaded not guilty.

Tho Crown Prosecutor said that he did not intend to ofior any evidence on this indictment.

Tho jury by direction of his Honor returned a verdict of acquittal aud the prisoner! wera forthwith discharged.

Mr Button said that he had an application to mako on the part of the husband of Emma Webb, riz., that the money found upoa her be returned to him with the exception of tha Ll which tho jury found that she had stolon. He was aware time tho Crown claimed tho 0 property of convicted persons, but the prisonor in this case was a married woman, and all the property found on her was not hers but her husbands. Hii Honor said that 'h« should decline to make an order, but should leave the Crown to dispoioj[of tho money. In his opinion, howBTor, it ought to go back to the prosecutor. The Crown Prosecutor said that ho would takt upon himself the disposal of tho money. The Court adjourned to this day at eleven o'clock.