SUPREME COURT.

Wellington Independent, Volume XVII, Issue 1844, 19 March 1863, Page 3

SUPREME COURT.

CRIMINAL SITTINGS.

Tuesday, Mabch 17, 1803, [Before His Honou Ma Justice Joiinston.]

His Honor took his seat upon the Bench at 10 o'clock precisely. The petit jury having been empanneled, the following cases were proceeded with. Regina v. Dossett. The prisoner, Rowland Dossett, was indicted i for feloniously stealing a horse, the property of one Francis Baldwin, on the 39th November, 1862. Mr Brandon appeared for the prosecution, and Mr Allen for the defence. Mr Brandon stated the case to the jury, and called the following witnesses. Francis Baldwin, deposed, — I live at vVanganui. lam a publican now, I was a farmer when this 1 occurrence took place. 1 know tho prisoner, he was a carpenter living at Wanganui. In November last, he came over and asked me to endorse a bill for his accommodation ; the proceeds of bill to be applied in payment of goods purchased at Major Trafford's sale. I said to him, it was a curious thing that ho should come to me, a perfect stranger, to endorse a bill; he stopped in the house for some time, and still asked me to become security for him ; at last I signed the bill ; this is the bill , it became due, and I paid it. I asked him a few days afterwards for some security for the bill. He asked me what security I wanted. 1 asked him to make the filly over to me, until such time as he paid the bill. He said he had no objection, and walked up to my house. An agreement was made out by Roberts, a lawyer, and tho filly was made over to me, with the stipulation that Dossetfc was to be allowed its use. In accordance with arrangement, he delivered tho filly to me, and I put her in my paddock. It was a short time after tho agreement. He has not paid the bill. I missod the filly on Sunday before Christmas Day. I had seen her a day or two before in tho paddock. Mr Dossett had the filly out a day or two previous. I saw it put in the stable when ho brought it back He used it for cavalry purposes. On former occasions, when he took the filly, he let mo know, but when ho last took her, he took her without my knowledge. Five days after I missed the mare, I saw her in Mr Homer's stables, in Wellington. The distance from Wanganui to Wellington, is about 120 miles. The raa.e fotched £18 or 18 guineas at Major Trafford's salo.

Cross-examined by Mr Allen, — I have known Dossett, a very short time ; lie lives at ono side of the river, and lon the other. I have been there since last April. Ho has a contract from a brother-in-law of mino. He was at work at a house next to mine. Tho bill was signed a day or two after Major Trafford's auction sale. Tho prisoner said that the money which he received for building tho store, would be appropriated towards taking up tho bill. I suggested that the filly should be given to me as security. I swam the filly over the river to oblige Mr Dossett. The prisoner asked me to break her in. 1 said, I had a native in charge of my stables, he might arrange with him. The filly was put in my paddock. I missad it on the Sunday before Christmas. He purchased tho filly because he belonged to some cavalry corps : ho was to use the horso only for cavalry purposes. Mr Roberts is my solicitor. I do not know why ho did not insert that the horso was only to bo used for cavalry purposes. Ho used to ask either myself or the stable-man, before he took the filly ; the latter used to catch the filly for him. Dosset used to havo his dinner in my house. I had some words with tho prisoner while tho mare was in my possession. Prisoner gave up using my house, but he was back again in a day or two as friendly as ever.

By tho Court, — Can't say how long it was before the horse was taken away. Cross-examined by Mr Allen, — On Sunday, 2 1st December, I heard that he had run away from Wanganui, he had been at work on the Thursday ; and on the Friday or Saturday he was on an iuquest.

By the Court, — He left a man in his employ, working at my brother-in-law's house. On the 23rd December I proceeded to Wellington. I saw him at MrPlimmer's. I said that " there were people that could ride aa fast as he could." He replied that "it was a strange thing that he could not come to Wellington to spend hia Christmas, without being followed." This conversation took place at Plimmer's on the Saturday night. X took a policeman with me. The policeman asked him where the horse was, he said at Hornor's. The constable took charge of the horse, and took the prisoner into custody, and sent him to Wanganui in the steamer. Ho was a Rangitikei constable. Tho first charge agaiuafc the prisoner was a breach of trust. The case was hoard at Wanganui before the Magistrates and dismissed. I can't say whether I issued tho second summons before the first was dismissed. While he was in prison, I sued him for my bill, his grog score ; he was brought up before the Court, When I signed tho bill I thought he was trustworthy ; I altered my mind thinking he was living above his J. B Calder, deposed— l am a laborer, and live at Kai Warra. I know the prisoner. I saw him about the 23rd or 24th December last at Kai Warra, near this town. He knew mo before, and wo talked together at the bar of tho Rainbow Hotel. Ho asked me if I would buy a bay filly that was standing at the door. I said I should like t.o try the filly before I bought it. I then rode it into town. When I came back, I asked him how much he wanted for her, he said either £25 or £35. He said if he did not sell her here, he would take her down to Dunedin and sell her there. He told me he had bought her at Captain Trafford's sale, He told me he was in the cavalry at Wanganui. He offered tho mare for sale to Kenneth Can 1 , and also to another man named Fergusson, in my presence. I noticed that the filly had a white star on forehead, and one or two white feet,

Cross-examined by Mr Allen, — I had an intention of buying the mare at the time, but thought he asked too much for her. I thought the mare worth 19 or £20. Mr Can* was in the road when the prisoner offered th© mare for sale, he looked at the filly, and said he asked too much for her. Prisoner offered me the mare and named a price.

Win. Davidson, deposed — I am acting sergeantmajor in the militia afc Wangauui. I know the prisoner. He does not belong to the milifcia, He belonged to the cavalry corps in Decembe^' and waa dismissed for misconduct. On the 13t^ December last, he ceased to be a member of th cavalry corp.«. °

Cross-examined by Mr Alien— l know nothing about the mare.

Mr Allen submitted that thcro was no case.

That the prisoner, as belonging to the cavalry ' corps, thought he would indulge in the luxury of buying a horso at a salo. Ho was building a house, and ho thought ho would lie fully ablo to pay for the horse out of the proceeds. There was, he contoudod, no direct evidence that the prisoner intended to defraud the prosecutor. Ho had come to Wellington to spend his Christmas holidays, and it was quito possible ho might have returned.

The jury retired, and after an absence of half an hour, returned into Court, with a verdict of guilty.

_ His Honor addressed the prisoner, and sentenced him to six months' imprisonment with hard labor.

During the absence of the Jury, the Court was adjourned fur half an hour.

On tho re-assombling of tho Court, tho following cases wero proceeded with.

BEGINA V. BANNATYNE.

The prisoner was indicted for embezzling tho Bum of £11, tho property of Thomas Bishop, his master.

The prisoner pleaded not guilty. Mr Brandon conducted the prosecution, and Mr Allen appeared on behalf of the prisoner. Mr Brandon stated tho case to the jury, and called the following witnesses. Thomas Bishop deposed, — 1 am master of the Wild Duck, now lying in the port of Wellington. I know the prisoner, he came out with us in the Wild Duck from England as Steward. The vessel left tho Loadon Docks on the sth September, and arrived here on the 31st December. His name is on the ship's articles, aa chief steward, He was bound by the ship's articles to return to any port in the United Kingdom. He was entrusted with the whole of the stores. The steward was entrusted with passengers stores. The steward ia selected by the Capfain.it is so with all tho officers, unless an officer or so is recommended by the owners. Some of the stores are entrusted to him for the purpose of sale, principally consisting of wines, spirits and to bacco. Those goods are supplied at the owner's risk. The steward accounts to mo for the goods sold. There was no stated time for account. I furnished him with books, in which ho was to enter the goods sold. The bpok produced is one of those I gave him. The prisoner has sold stores throughout the voyage. We have not had a settlement yet. He was to account to me when he had received all tho money. I received money from time to time. He has paid me £53 Gs 6d altogether. He has not rendered me an account of the goods sold. I have not asked him to do so. This book, which he left on board the ship, contains an account of what he had supplied to tho first-class passengers collectively ; and also to the second class passengers and crew during the voyage. The entries are in his handwriting. That book contains all that I know about it. November 6, is tho last date on which goods are entered a" having been supplied to tho second class passengers. Entries ought to be mado in the books up to the 3rd January. Ho has not accounted to me. or paid over to ma, any monies i received fromMr Kelham. Usually he paid sums of money to account. Only on one occasion, a special account was paid. I think it was about tho 15th January that ho made the last payment on account. I went to Canterbury on the 17th i January. Tho sum of £53 6s 6d includes all ho has paid to me. Tho last payment was £6 6s or £6 16s Gd. The previous payment was made a fow days before that, possibly a week ; somo of the passengers remained on board for a Bhort timo aftor their arrival hero, I gave no particular instructions to the steward previous to my departure for Canterbury. I am in the habit of allowing tho stewards a few hours liberty on shore, but never days. About 10th January, I gave the steward strict orders not to leave the ship. I left the ship in charge of Mr McNaughton, the chief officer. I was absent 10 day3 at Canterbury ; I returned from there on tho 27th. I was expected back by tho steamer. It was well-known on board the ship when I would return. I have seen the steward sell goods to tho second class passengers. Cross-examined by Mr Allen— l had not known the prisoner previous to this voyage. This is his first voyage with me. He applied to me for the berth, and from his testimonials I took him as Bteward. Tho practice adopted on board the Wild Duck with regard to selling stores, is tho same as that usually adopted in other vessels. It ia usual for the steward to account at tho end of each passage. I told him he was to make a settlement as soon as ho got all ho could. I was here 18 days previous to going to Canterbury. I got money from him on several occasions. When I left I intended to leave the question of account open until my return. I had not the slightest doubt of tho man's honesty. There was a warrant iasued for desertion. Prisoner was in custody when I returned. Prisoner told mo on tho day ho was committed that he had some money in his hands, which ho intended to send back to me when ho went away ; also, the books, so that I should lose nothing. 1 left no person to take tho money while I was absent. I was in tho Resident Magistrate's Court during tho greater part of the examination. He was charged with obtaining money from Mr Crosby which he has not accounted for. Mra Blackwell, a second class passenger, was also stated to have paid money to him. By Mr Brandon. — I received the sum of £0 16s 6d from one person only, — Mr Pharazyn. Prisoner has not sent me a transcript of accounts since he has been in custody. I think he used to enter tho goods on a slate or on pieces of paper. Joseph Purcell, deposed, — I am second steward on board tho Wild Duck. I know tho prisoner Ho was first steward. I acted under him. On Christmas day I saw prisoner soil a bottlo of beer to a second class passenger. There was a second class passenger on board named Crosby. I sold four bottles of bear to second class passengers on Christmas Day. I put the money in a drawer. Tho steward was making pastry at the time. The drawer was not exclusively tho steward's. There were ton or twelve second class passengers. When wo were in tho tropics the beor went faster. I have loon money paid by second class passengers to the steward four or five times in the month of November. Crosby was one ; he paid 2a, for two, bottles of heer. Ho used to como every succeeding evening for beer. I hoard Crosby say one evening, this will make ten bottles that I have had, and ho then gave him 10s, to settle the account.

Cross-examined by Mr Allen, — I had been a previous voyage in the ship. There are no passengers on board now. lam not appointed chief steward yet. I had some quarrels coming out. I do not expect to get the chief steward's place if he is convicted. I would refuse, I consider lam too young. I saw Mrs Blackwell pay the steward for a bottle of beer. When Mr Crosby paid the steward, lie (the steward) put the money in his pocket. James Kelham deposed, — r was a passenger on board the Wild Duck on her last voyage. I know the prisoner at the bar, he was the steward. Ho supplied us with beers, wines, &c. I paid him on the 19th January ; my bill was 4s 6d. I gave him a cheque on the Union Bank for £13, which was £1 15s more than the account, the balance being given to him as a fee. Cross-examined by Mr Allen, — I came on shore the day the ship arrived. I left some things behind, he brought them to me on the 19th January. The proposal for payment was voluntary on my part. He was about leaving ; I wished to have a settlement.

Cross-examined by Mr Brandon, — The cheque produced is the same that I gave the prisoner, I saw him sign the bill,

Walter Knowles, deposed, — I am a clerk in the Union Bank of Australia here ; lam teller. Mr Kelham keeps an account there. I remember that cheque being presented for payment, I paid it, the person who presented it wrote his name on the back; I do not know the prisoner at the bar; it was paid on the 20th January.

John MoNaughton, deposed,— -I am chief mate of the Wild Duck. I know the prisoner, he was steward on board the Wild Duck. He remained on board until the night of the 25th. On the morning of the 26th I missed him. He had no leave to be on shore that night. I was in oharge of the ship. He had a separate cabin of his own ; I went into his cabin, and all that was there was two empty boxes. His bedding and clothes were gone. He had no furniture, 1 had been in the

steward's cabin before. He had changes of clothes and bedding, the chest was empty, the cheßt belonged to himself. By the Court, — I gave information to the police. 1 did not see him until thejfollowingweek. I believe ho waa brought back on tho evening of the '40th January, but I did not see him. Frederick Atcheson, deposed,— l am Inspector of Police at Wellington. On the morning of tho 26th January, an information was laid that the steward of the Wild Duck had absconded or was absent without leave, and had taken £20 or £30 with him. I rode up the Hutt, and found that he was not there, and then went to the West Coast. I found tho prisoner at Ames's Hotel, Poriraa. I asked the prisoner if he was steward of tho Wild Duck, he said, "yes." I then

said, 1 arrest you for being absent without leave. He replied, . " yes." I saw thia pocket book lying on tho table, and I asked Mrs Reeves if it belonged to her, she replied, "no." I then asked prisoner if it was his, and he said " yes." I ordered his horse to bo got ready, ho got on his horse and \re came into town. He asked me if it was a serious charge. I said that it was according to what he had been guilty of. The purse contained .£lO 7s. Mr Allen objected to the indictment, and contended that the charge made in it was not supported by evidence, as the steward wa9 there assumed to be the servant of the captain, when in fact the evidence proved that he sold stores at the owners risk, and was their servant. A lengthened argument ensued on thia point, at the close of which His Honor allowed the case to proceed. His Honor summed up, and explained the law relative to embezzlement as distinguished from larceny.

The jury, after a short consultation, without leaving the box, returned a verdict of not guilty. The Court then adjourned for five minutes. On the re-assemhling of the Court, a juror being absent, a fresh ballot had to be taken.

REGINA V. KIMBLB BENT, The prisoner, a soldier of the 2nd Battalion 14th Rogfc., was indicted for having stolen seven lockets of the value of 4s, the property of George Henry Swan, against the statute made and provided. Mr Brandon conducted the prosecution, the prisoner was undefended.

George Henry Swan deposed, — I am a photographer, and reside on Lambton Quay ; I know the prisoner at the bar ; I saw him on Friday the 13th inst. at Miller'a Commercial Hotel, I had been there five minutes. Prisoner was in conversation with the barman; he took out a locket, I then sa w him take out another. I saw that the second locket was one that had been in my possession. I went back to my shop, and found that the case containing the lockets had been completely rifled. When at Miller's, I asked the prisoner where he had got the 2nd locket, he told mo he had got it at Taranaki 3$ years ago. I told him he had not been so long in the country, and he corrected him. selt and said he had got it at Poonah. This was before I went back to my shop. I returned to Miller's and found he had gone, I traced him to the Aurora Tavern, I kept him in conversation until I sent for the police. The Inspector soon came up and took him into custody. I went with him to the lock-up ; I saw the prisoner searched, and saw seven lockets taken from him. I identify two of the lockets, one has the spring broken, and the others are similar to those which I have.

Frederick Atcheson,— l am Inspector of Police. I apprehended the prisoner at the bar on Friday, the 13th March. I took him to the lock-up, searched him, and found seven lockets on him.

W. Harris, deposed—l am in the police. I know the prisoner by sight. I saw him on Friday last. When I first saw him he came up and shook hands with the native corporal. He nvas spreading gravel opposite Mr. Cockroft's. I went to the end of my beat, at the post office. I saw the prisoner enter Mr Swan's shop, When I returned I met the inspector, and he told me to stop outside the Aurora Tavern. The inspector gave the prisoner into my custody. This closed the evidence for the prosecution, and his Honor having summed up, the Jury returned a verdict of guilty. Previous to passing sentence the following witnesses were examined as to the prisoner's character.

Micaiah Head deposed — I am warden of the gaol. (The registrar here read the certificate of conviction) ; the prisoner has been in my oustody on a previous occasion. His conduct in gaol has been good.

J. T. Willis deposed,— l am acting Adjutant of the 2nd Battalion lith Regiment, the prisoner formerly belonged to the 57th Regiment ; but had been transferred to the 14th Regiment. Daring the three months he has been in the regiment, he has spent about 84 days in prison, and has only been a week on duty. His character from last regiment was bad.

His Honor then sentenced the prisoner to two years imprisonment with hard labour. The waiting jurors were then discharged. BEGINA V. WELCH AND LAWLER. The prisoners wore indicted for having stolen a watch from the premises of Mary Ann Kennedy, on the 14th February, against the atatute made and provided.

Mary Ann Kennedy deposed, — I am a married woman, my husband's name is John Mark Kennedy. I live in Tory street ; my husband has left ma some time, and I have applied for a protection order ; I carry on business as a licensed victualler ; on the morning of the 14th February, I missed my watch : I purchased the watch from a man named Collier, since my husband left me, out of my own earnings. I missed my watch between ten and eleven o'clock that morning, I had seen it at twenty minutes past five, and half past six that morning hanging up in a room next the bar. There had been some soldiers in my bar that morning, the prisoners were there; they were there between half-past seven and eight o'clock. The watch produced, is my watch. The same afternoon the sergeant of police oame and asked me if I could identify the watch. I know it by the No. 12,985; the guard is similar to mine. While the prisoners were in the bar, I went into my parlour, where I could not see persons go into, the side room. I was there about two minutes to get a cup of tea, before I returned.

Cross examined by Lawler, — I did not see you meddle with any thing in my house. lam sura that Lawler came in before, and went out after I went for my tea.

Cross-examined by Welch, — I did not Bee you talce any thing out of my house.

Oliarloa Millward, deposed, — I am sergeant of police at Wellington, I apprehended the prisoners on the 14th February, about one o'clock in the day, at Mr Brandon's corner. The place where I apprehended them, is about a mile from Mm Kennedy's. About eleven o'clock, I received information that a soldier was endeavouring to sell a watch. I went outside the police office and took Lawler into the Police Court. I said you have a watch to sell. He said yes. I asked him to shew it, and he gave it me. The watch produoed is the same. I asked him his name, and he told me MoKinley ; that the watch belonged to a man named Welch, who had given it to him to sell on his account; I apprehended both the prisoners at one o'clock. Cross-examined by Lawler ; you offered the watch to me for 4J3

John Greaves deposed, — I am a publican, and keep the Highlander Inn, Molesworth Street. I know the prisoner at the bar ; Lawler was at my house on the 14th February last, about half-past 11 o'clock, he offered me a watch for sale; the watch produced is the watch Lawler offered me for sale.

Cross examined, — You offered to sell me the watch for £2 and then Ml. I said I would raffle it for you if you left, it at night, I did so to give me an opportunity of informing the police. I di<J inform the police. ■ ■ :

There being no evidence against Weloh, the jury returned a verdict of not guilty, '■:■

A verdict of guilty was returned against the prisoner Lawler. , • 1/

J. T. Willis deposed, — I am Acting-AdjutanV • 2nd Battallion 14th Begt., the prisoner (Lawler) was a well conducted man, he. < haa ■ applied for his back service, which had been Btrongly recommended to be. granted^ to him. He was a very good soldier. Woloh was but an indifferent soldier, but had only ' been guilty of slight military offences,, such as ab* sence without leave. ' ■ ' . •. *; ;• • : -„'■. "* ;k ■-■•u'^ His Honor then sentenced Lawler to threo| months iinpvisoament with hard labor. ; : .