RESIDENT MAGISTRATES’ COURT

Auckland Examiner, Volume 1, Issue 22, 14 May 1857, Page 3

RESIDENT MAGISTRATES’ COURT

Wednesday, May 6th, 1857. Henry Budin charged with Larceny. Michael Buchet sworn—l am a brickmaker residing in the Suburbs of Auckland. I saw eighteen pounds in gold in my box, on Friday about 12 o’clock, it was my own property, I locked up the money in my box and put the key in my pocket I went to the North Shore. I returned on Monday at 12 o clock, I landed at the pier. I saw my fellow-workmen and asked why they were not at work they replied we have all been robbed and that is the reason we are not at work I went to the police with M. de Meuron. I went home about an hour or two afterwards and found my box broken open and all the money taken out, this was about 3or 4 o’clock. Four brickmakers and myself reside in one house. When I went out on Friday there was nobody in the house. I do not recollect whether the door was locked. I know the prisoner, we are in partnership, he resides in the same house with me. When I returned on Monday I saw the prisoner with his fellow-workmen on the Wharf. I saw him afterwards at Me Strath's public house. I and my brother taxed him with the robbery. He replied it is no use for you to go to the police, I shall consider myself prisoner. Prisoner did not wish to ask any questions. Henry Lambfell —I am a brickmaker and reside in the same house with the last witness. I left the house at 7 o’clock in the evening of Saturday last, after the last witness had gone to the North Shore. I saw his box it was then secure, my own box was secure also. I left twenty-three pounds in gold, my box was locked, I had the key in my pocket, I left nobody in the house, I locked the door and placed the key under a barrel (a secret place known only to ourselves). On Sunday morning I returned' and found the door open but the key was where I left it on the previous

evening. I found the prisoner in his bed, there was nobody else in the house, prisoner sleeps in the same room with the last witness. I first found my box was broken open. On Sunday morning when I went upstairs to take off my clothes and to put some money in my box. I found the money gone. I then said to the prisoner we have been robbed, there are some thieves here. Prisoner got up and went to his box and said I have been robbed also. I have been robbed off a gold chain. The prisoner never stated he had money except when he was at the police; he then said he had £5. I suspected the prisoner, and it being my day for cooking, I said I would not cook for thieves. I suspected him because he asked me to lend him £5 on the day previous to getting married. I am quite certain the door was locked.

Sergent-Major Brown —I am Sergent-Major of Armed Police at Auckland. I apprehended the prisoner at McGrath’s public house on Monday evening last. I searched him and found the purse produced, 7 sovereigns, 1 half do., 3 half-crowns, and 5 shilling pieces. I searched him in McGrath’s public house, Queen-street. I afterwards went to th prisoner’s house to execute a search warrant between 5 .and 6 o’clock, p.m. Prisoner accompanied me. I saw his box lying open, I asked him who broke it open, he stated that he had done it himself. I asked him where his gold chain was that he said had been stolen, he said he had it himself and that he had committed the robbery. He told me he had the gold chain in town. I searched the house. About Jof a mile from the house on my return back to town, prisoner stepped off the road and took from the ditch a piece of paper enclosing 29 sovereigns concealed in the ditch, on the other side ef the road prisoner struck a match and looked amongst the scrub and found the gold chain now produced which he had previously said he had lost —stolen from his box. On the Sunday previous to his being taken into custody prisoner stated at the police guardroom that £5 was all the money he had, and that he had only lost a gold chain. After being duly warned that any statement he should •make would be taken down and used against him, prisoner stated that he had nothing to say and confessed himself guilty. Committed for trial. Tuwha, an Aboriginal Native charged with Larceny. On Wednesday last the 6th instant, Tuwha, a Native of the Ngatiwakani tribe was charged with stealing a pair of boots, value 14s from the shop of Mr. Henry Neale, Queen-street, the night previous. The prisoner pleaded guilty. There were several Maories in the Court, one of whom informed the Magistrate that the prisoner bad just arrived from the interior and was a stranger to the white man and his laws, and hoped therefore, that the prisoner might be ordered to pay four times the value of the articles stolen when he should be removed from town forthwith. The Magistrate said he highly disapproved of this mode of punishment but in this instance as the prisoner had confessed his guilt and restored the stolen articles, he should deal with it in the manner requested and as the law permits. Mr. Beckham also intimated that he was determined in all future cases of the kind where natives were concerned, to treat them as cases of Larceny were usually treated, viz., by imprisonment, unless under very extraordinary circumstances, as he was convinced that the mere fact of paying four times the value ot an article stolen was not sufficient punishment. £2 16s was paid into Court and the boots were restored to the owner. The culprit was then placed on board the Maggie then in harbour and bound for Maketu which vessel sailed the same afternoon.