COUNTY COURT.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 16, 22 November 1843, Page 3

COUNTY COURT.

November 21, 1843. Tl s -norm'llr, a little alter ten o’Clook, the Court opened f >r the trial of the following case : Thomas Manton was indicted for stealing money on the 12 th day of October leal,} the property of Benjamin Davi«.‘ Tbe Crown Prosecutor opened the case. The first witness called was Mr. Hart, who stated he was an Inn-keeper, and remembered the 12th October last, when he saw the prisoner and a man named Davies at his Inn, between tbe hours of 2 and 3 o’clock. Davies appeared half drunk at the time, and prisoner appeared quite sober; Davies paid for the grog, and pulled a roll of notes out of his pocket, saying “he bad always plenty of money.” 1 rebuked him, Davis, for exposing his money; prisoner remarked it was well to be him. Davis said he was then going to Epsom, and if I had any commands he would take them. I told him l had not ; prisoner remarked it was a good opportunity to send as Davies was just going to Epsom. After this I heard Manton press Davies to go with him to his house, and Davis seemed rather unwilling, but ultimately agreed to go. Mr. Bartley, who appeared for the prisoner, then oross examined Mr. Hart. James George was then called, and said he recollected the prisoner at the bar, and Davi a calling at'bis shop, to purchase lozenges, but b e could not say what day in October it wa s , Davi g gave me a shilling in payment, and he, Davis, wa s not quite sober, but able to take care of his money Benjamin Davis was then called and examined His Evidence was somewhat similai to that which appeared under the head of Police Report on the lßi|i October. Mr. Bartley cross examined at length. Maria Williams was then called, and said she knew the prisoner, and that Mrs. Wiliiams brought her tip, she recollects seeing Davis at her house about dusk on tbe evening in question, and she found Mr. Davis and Mrs. Williams alone in the house, I went to the tabie to get some brea'l, and Davia took me on bis knee, and said I was a fine girl. Davis sent Mrs. Williams and me for grog, Dav.is bad some tea, warit'ed to take lib -rties with me in the bed room, offered me a coin which he said was a sovereign. Davis laid hold ot me, I called on Manton to assist me, be came and took me away. Manton told Davis be did not keep a bad house for him. After that Manton told Davis to roll up his trowsers carefully, and Davis replied yes roy boy,-1 will. I then fell asleep, and awoke iu tbe night, Davis attempted again to take liberties with me. I slept in the same room with Davis all night, but not in the same bed. In tbe morning I Davis was searching his pockets, he then went into the room where Manton was sleeping, andcharged him aud Mrs. Williams with takiug his money Manton got up and said if tbe money was in tha house it should be found. I recollect tbe next evening when preparations were making for an examination at tbe Police Court. Manton told me if I was called upon, to speak tile truth. Likewise that Davis wanted to take liberties with me.

Mr. Bartley asked witness whether Davis did take liberties } She replied be did. Davis said he would give her a frock, and pulled out papers and put tlie,m on the chair before he went to bed. At the time Davis offered me money be said he would sleep at Man on’s house. Manton said there was but one bed, and if be did stop bo would be charged sor £lO, Davis had a good deal of grog at MantOn’s, By Mr. Donelly, do you know how the prisoner and Mrs. Williams get their living' ? Witness replied she did not. Re-examined by Mr, Donnelly—What do you mean by a bad house ? Mr. Bartley objected to this question, which wss overruled by His Honor. John Lark, Tailor, I know tbe prisoner, I have seen It ini before, I live next door, I know a woman called Williams, she lived with the prisoner. I know nothing of their business. I never saw anything disorderly in their bouse, I recollect the evening of tbe 12th October last, I was at their house until past twelve o’clock, I saw a man named Davis, there, Davis was iiot drunk, could not well judge, not having known hint before. (A document washers handed in-by Mr. Donnelly) This is my writing, I wrote it as Manton dictated. Mrs. Williams and the girl were there, the girl gave me some particulars. Mr. Bartley objected to the document being put in. By the Court —Manton was present during tbe whole time that the Document was being written. Mr. Bartley’s objection was overruled by the Judge, aud tbe Document was placed in tbe witnesses hands. By the Court. —Manton asked me to write the latter part of*this paper. As Manton told me I wrote, no other person interfered I think. I ant not certain. The Court wished witness to tax his memory, when he replied he had forgot tilings of more importance than that since the occurrence. The Court then requested witness to state what Manton wished him to write,be did, but it was not important. Daviswas not in tbe house at 10 o’clock the night iu. question. Manton is an acquaintance of mine.

By the Jury. —Davis came in about twenty minutes after I weat in the second time.

James Smith, C. C., was then called and examined. I know the prisoner, Ido not know what occupation Manton follows. I consider the house be lived in, a disorderly house, but I do not know it of my own knowledge. As I was passing the house of the prisoner, 1 heard Manton tell the girl to say that Davis attempted to take liberties with her, and promise to bay her a froek. I beard other persons speakiug. Wm, Luckhnrst, private in the 80th Regiment, said he knew the prisoner and Mrs. Williams, did not know the house to be disorderly. This closed the case, no witnesses were called for the defence.

Mr. Donnelly remarked at some length. Mr. Bartley addressed the jury for the' defence. His Honor then read over his notes to the jury, and remarked on the prevarication of the witnesses. The Jury consulted for a few minutes and then wished to retire. Verdict,—-Not Guilty.