DISTRICT COURT.

Westport Times, Volume II, Issue 216, 9 April 1868, Page 2

DISTRICT COURT.

(Before his Honor Judge Clark.) Second Day.—Wednesday, April 8. LARCENY. The prisoners Herman London and Elizabeth Jackson, who were found guilty of robbing £46 from the person of Michael Flannigan, were brought up to receive judgment. The prisoner Elizabeth Jackson, on being asked if she had anything to say before judgment was passed, asked to be allowed to call Mr Maguire, the gaoler, to speak to her conduct. Mr Maguire, sworn, spoke of the excellent conduct of the prisoner during the three months she had been awaiting her trial in the gaol. His Honor in a most feeling manner then sentence J the prisoner to six month's imprisonment with hard labor. Mr Tyler, on behalf of the prisoner London, asked his Honor to grant a new trial, on the ground of further evidence, which would in a great measure, exonerate the prisoner from any participation in the robbery. His Honor rather doubted the power of the Court to grant a new trial in a case of felony, and putting the power out of question could see no grounds whatever for entertaining such an application, and sentenced the prisoner to 18 calendar months' imprisonment with hard labor.

REGINA V. JOHN JOKES. LAKCEMT. The prisoner John Jones was indicted with having on the 26th of December last, stolen from Margaret Scanlan, a cheque of the value of £3 10s, £2 10s in money, and £25 in bank notes. Mr Tyler appeared for the prisoner. Margaret Scanlan, the prosecutrix, did not appear. Detective Lambert proved to having seen the prosecutrix about one month ago at the Grey, when she was suffering from paralysis, and not able to turn in her bed. A medical certificate, duly attested, was produced, whereby it appeared that prosecutrix was quite unable to attend.

The Crown Prosecutor applied to his Honor to allow the deposition of prosecutrix, taken at the magisterial examination, to be read over as evidence.

Mr Tyler, for the prisoner, opposed the application, but as the prisoner made no objection, Margaret Scanlan's deposition was read as follows:—I, Margaret Scanlan, keep a store at Waite's Station. I had in my possession on the 26th December, £3l. On that day the prisoner Jones came to my house. I identify one of the £5 notes produced, and a marked shilling. I cannot identify any of the other money. The prisoner offered to keep the house for me whilst I lay down. On my awaking prisoner was gone and I missed my money. I applied to the police, and prisoner was taken into custody. On his way to the lock-up prisoner offered to restore the money to me. John Wallace, deposed—l reside at Waite's Station. I know Margaret Scanlan. In December last she was living close to my house. On the evening of the 25th December she entrusted me with £3l in money to keep for her. I kept the money until morning when I returned it to her.

By Mr Tyler—l counted the money when I received it from prosecutrix. I saw nothing remarkable about any of the money. She was in the habit of getting tipsy. Re-examined—The cheque for £3 10s was drawn by Constable Rooke. By the Court—l did not notice anything remarkable about any of the notes, or other money. Eobert Lambert, a detective, sworn —On the 26th December last. I went on the morning at 2 o'clock in company with Margaret Scanlan to prisoner's house. I told prisoner that the woman charged him with stealing some money from him. I searched the house and found the moDey I now produce, in different parts of the house and under his bed—in all amounting to £l9 lis. When I found this money in the presence of the prisoner I asked Margaret Scanlan if she could identify the money. She said she could identify one of the notes by a hole in i , and on my showing her the note in question she swore to it, also to a cut shilling which she picked off the bed. As we neared the camp prisoner offered to give me the money if I would let him go. By Mr Tyler—l am positive it was the prisoner's voice I heard asking who was there when I first went to prisoner's house. Bv the Court —I did not know anything of prisoner prior to this transaction. He was boating on the river. Mr Tyler commented at great length on the evidence, and pointed out to

the jury the unsatisfactory nature of the identification of the £5 note, and the marked shilling. The conduct of the prisoner on the detective calling at his house, and urged upon them that there was not sufficient evidence to prove the guilt of the prisoner. His Honor summed up the evidence at some length, and went carefully over the facts of the case. The jury having retired to consider their verdict, returned into Court at the expiration of half an hour, and gave in a verdict of guilty against the prisoner. The prisoner called the following witnesses to character:— Daniel M'Leod, who had known the prisoner for two years as a hardworking and honorable man. Mr Maguire, the governor of the gaol, who proved to having received the prisoner on the 28th December last, and stated that his conduct had been very good indeed during his confinement. His Honor sentenced the prisoner to six calendar months' imprisonment with hard labor. REGINA V. HXTGH DELANY. LARCENY. The prisoner was indicted with having stolen the sum of £5 (bank-note), from the person of James Gilbert, on the 26th of December last, at Mokihinui.

The prisoner? who was undefended, pleaded not guilty. The two principal witnesses for the prosecution were not present, having left the district, the Crown Prosecutor therefore applied to allow the depositions of these two witnesses to be read. The Court ruled there was not sufficient evidence to allow him to take the depositions in the absence of the witnesses.

Mary M'Norton, sworn—l am the daughter of Thomas M'Norton. In December last I was residing at Mokihinui. The prisoner, with two other men was drinking in my father's house. In the night, one of the men named Gilbert, before going to bed counted out his money, and I saw a £5 note then in his possession, which he put into his purse. I saw Constable Higby and another arrest the prisoner. By prisoner—Gilbert went to bed between four and five o'clock on the morning of the 26th December. You were arrested two hours after. Tou were trying to go away, but Gilbert asked you to stay. Gilbert left the house previously to his going to bed By the Court—l did not ask prisoner to shout. I told him if he persisted in coming behind the bar he should shout champagne. I did not know much of prisoner before he was arrested. Thomas M'Norhten—l remember the prisoner and Gilbert coming to my house on the 25th December. Soon after Martin came in ; I was standing close to prisoner when Gilbert pulled out a £5. note and handed it to my daughter to pay for drinks, she told him it was a £5. note, and both myself and prisoner told him to put it safely in his purse. Soon after this I saw prisoner coming from the room in which Gilbert lay. I then went into the room and searched Gilbert's purse, and found the £5. note was gone, I then sent for the police, they searched the prisoner, and they found a £5. note which I saw, taken out of his boot. By Prisoner —I do not know that anyone else lost money in my house besides Gilbert.

By the Court—Prosecutor was not sober when we put him to bed, he had drunk fifteen or sixteen nobblers, besides drink during the day. By the Jury—Prisoner could not have been more than a few minutes in the room with the prosecutor. Charles B. Rigby, a constable sworn —on 26th December last I was on duty at Mokihinui. I went with Constable G-orman, and searched Grilbert the prosecutor, and found no money on him, I then arrested the prisoner on a charge of stealing a £5. note from G-ilbert, and searching him I found a £5. note in his boot. As we were going to the lock-up prisoner asked the prosecutor if he did not give him the £5. note.

By Prisoner —I cautioned you before I arrested you. The note was between the sock and the boot, not between the sock and the flesh.

His Honor, then directed the jurythat there was no case to go before them, and asked them to acquit the prisoner, as the prosecution had failed to establish the guilt of the pri-, sonei.

The jury without leaving the box gave in a verdict of not guilty, and the prisoner was in consequence discharged. BEGINA V. JOHN KING. LARCENY. The prisoner was indicted with stealing a velvet mantle of the value of £5,

from the house of Mrs Mary Parsons. The prisoner was undefended. James Groat, sworn—On the 17th March last, I was going to work on board the Volunteer cutter, when I found a bundle of clothes under the bank of the river. I examined the bundles and found various articles of wearing apparel. I took the bundle on board. When in the afternoon, as I was coming ashore, prisoner saw me with the bundle, and claimed it as his property, and I gave it up to him. George Norman, sworn—The prisoner was a cook on board the Volunteer. On the morning of the 17th March he brought a bundle of clothing on board the boat. I saw what the bundle contained, and I identified the dresses produced as the same that I saw in his possession. Prisoner told me that he had taken the things from some one who had stolen some of his money, and he meant to keep them until he got his money back. Jane Lockyer—l saw prisoner on the evening of the 17th March. I had previously been out, and on my coming back I found a bundle of clothing on a box in my house. Noon after this John King the prisoner, came and asked me if we had seen his bundle. He said he was cold and hungry, and he came in and had some tea. I saw what was in the bundle. He soon after went away, and I threw the bundle outside. The next morning I gave the things to the police. By the Court —I had known nothing of the prisoner previous to this, except that he had lived for about two days in a tent near my house. James Robinson, a cook, sworn — I saw the prisoner on the 16th March, he called and asked for Jones. He came into my house, and sent for some drink. He wanted to sell me some silk dresses.

Mary Parsons, sworn —I reside in Freeman street, "Westport. On the 17th March last T missed a black silk mantle. I had seen it a few days previously. I identify the mantle produced, as the one I lost. I did not sell the mantle to any one, nor did I authorise any one to take it away. By the Court—l had not known prisoner before I saw him in the Police Court.

Henry Pringle, a constable, in the Nelson Goldfields' Police Porce, sworn—On the 18th March last, I went to the house of Mrs Lockyer, when she handed the bundle of clothing produced. Mrs Parsons, the prosecutrix, afterwards identified them as her property. Henry Hunter, a constable, sworn— On the evening of the 18th March last, I arrested prisoner, and charged him with having stolen the bundle of clothing now produced. He made no statement.

This closed the case for the prosecution.

The prisoner called no witnesses, but left the case in the hands of his Honor and the jury. The Jury having retired for a few minutes, returned into Court, and gave in a verdict of guilty against the prisoner.

The prisoner was remanded until to-day at eleven o'clock, for judgment.