SUPREME COURT.-Criminal Sittings.

Auckland Star, Volume I, Issue 130, 9 June 1870, Page 2

SUPREME COURT.-Criminal Sittings.

THURSDAY, JUNE 9,

(Before His Honor Sir Gh A. Arney, Knight, Chief Justice.)

His Honor took his seat on the Bench at 10 o'clock.

STEALING IN A DWELLING-HOUSE

James Wm. Arnold was arrained upon an indictment, charging him with stealing in a dwelling-house, to the value of upwards of £5. From the statement of the Crown Prosecutor it appeared that the Mr. Luke Kenny i'esided in the same Ifouse with the prisoner, having a large sum of money (£165) in his possession, and which he kept in an old gun case. The house belonged to a son of the prosecutor. The prosecutor had occasion to go into the Kaipara. On the evening when the offence was committed Kenny went to Onehunga. Upon his return the prisoner said that there had been two persons there inquiring for some person he did not know. Kenny, junr., was not at the time aware that his father had left any sum of money in the house, but a variety of circumstances drew his attention to the prisoner's conduct, so' that when he became aware of the robbery his suspicion fell upon the prisoner. He had represented (1) that a "cut-throat looking* man had been there inquiring for a person named Dungrveni (2) that two men called during the absence of

Kenny, junr., of whom lie gave three different accounts. (3.) He spoke of an appointment with a person named Einney, which statement, as well as others (4), it was proved he was in the house when he said he was away from it; (5) and when he was arrested he said he was willing to go with the police, because he felt suspicion would rest on some one in the house. Mr. Brookfield prosecuted on behalf of the Crown; Mr. Bennett defended the prisoner. Luke Kenny deposed that he resided with his son in April last. The prisoner resided in the same house. On the 2nd April I had £165 in sovereigns and half-sovereigns, which I kept in a gun case under my bed. The prisoner knew I kept money there, for he saw me the day before adding five sovereigns to 160 which I then had. On the Saturday I went to Kaipara. I toili the money out of the gun ease, knowing that some persons knew it was there, and put it ray right knee boot, which was hanging up on a peg. I thought the simplest place the safest. I returned on Monday, the 4th. I met my son and a detective on the wharf, who told me my house had been robbed; that my boots and things had >. been knocked about. I then said "I have been robbed " I went with them to the house. A search was subsequently made; a portion of the money —35 sovereigns—was found. The prisoner was given into custody. I did not at first recognise the money, but I did subsequently. The money was found in the bakehouse. One sovereign was bent and indented where a cart wheel passed over it. There were two indents round the edge. (Sovereign produced by Detective Murphy). I can swear the sovereign produced was among the 165 which I placed in my boot. Edward Kenny, cabinet-maker, residing in Albert-gtreet, and son of the last witness, deposed : That the prisoner lodged in his house on the 2nd of April, having lodged there about a fortnight. I was aware my father had money, but I did not know where he kept it. I remember my father going to Kaipara on the Saturday. That night, when I came home from work, prisoner said that a "cut-throat looking man" had called and inquired for a person named Dungaven. Witness did not know any person of that name. Asked prisoner whether the man came in; prisoner answered " yes" at first, but " no" afterwards. Prisoner also asked whether witness's father called at his workshop before going to Kaipara. Next day witness went to Onehunga. Prisoner was in the bakehouse washing some clothes, amongst them a half handkerchief. There was another man in the house named Wheatley. Upon witness returning from Onehunga, he said that two men had called, and he did not like the look of them. He said they inquired for some young man stopping in the house. After tea, witness, prisoner, and a young man named Lanty, went out for a walk, the two last going out by the back door, which was fastened by a flush bolt. A hole had been bored into the "jam" of the door to act as a socket, but this had I been worn so that the bolt did not act properly, and the fastening was insecure. All three walked as far as the Waitemata Hotel, where prisoner said he had to meet a young man named Finney. Prisoner left. Saw prisoner afterwards, near the Exchange Hotel, when h« said he had not met Finney. The young man Lanty was. with witness all the time. Witness met Finney afterwards, who said he had made no appointment with the prisoner. Prisoner asked whether his thing 3 would be safe in the bakehouse. Witness said, " If my things are safe, surely your paltry things will be safe." All went back to the house. Witness found the house had been broken into. Struck a light. Witness found a pair of knee boots, which had been hanging against the wall, in the centre of the floor. His father's box was open, and one of his knee boots lying up against it. The right boot of his father was found outside the back door. They were hanging over the prosecutor's bed when witness left the house. Examined the fastening of the door —a piece of wood which had been nailed on to secure the socket -was hanging back. A force of about two pounds was sufficient to open the door from the outside. The gun-case was locked. Finney and prisoner were sent by witness for the police. Detective Murphy came. Showed Murphy how the door had been left. Murphy inquired whether any money had been taken. The prosecutor returned from Kaipara on Monday. When told what happened, he said in prisoner's presence that he had been robbed. The detective and Murphy made a search in the bakehouse, which is built on piles, 2ft. Gin. from the ground. Murphy told me to search a. second time under the bakehouse. Murphy held the candle, and I went underneath. I found thirty-two and a-balf sovereigns in a half handkerchief. A week before, and on the morning before, I saw the half handkerchief in the prisoner's possession.

Cross-examined by Mr. Bennett: The witness said he never tried the door when it was fastened, to see whether it would open with as little force as two pounds applied to it. Could not say whether his father left his box open or not. Never knew poopls to come to the house asking for others. Could swear to the handkerchief anywhere. A young man named Wheatley was left in the house with prisoner when witness went to Onehunga.

Re-examined : Tho young man Wheatley was to tea all that day at Freeman's Bay, and did not leave the place until eleven o'clock that night. Where he was is more than a mile away. By the Court: I found the marks of a halfinch mortice chisel on the piece of wood. The marks correspond with those which would be made by a mortice chisel of my own. There were two marks. They seemed to go in about half an inch. The chisel would force the wood out and leave the nail standing. That was the way it was done. The piece of board might be pressed back again and nothing would attract the attention of a person passing in and out of the house.

Thomas Terence Firmer, a tailor, living in West-Queen-street, said he had no engagement to meet with the prisoner, to meet him on the Sunday, 3rd of April. Had seen him in the afternoon, and said. "so long," but nothing further. Prisoner might have understood there was an engagement, but witness did not.

Johanna McLeod, an unmarried woman, living in Albert-street: Knew the house occupied by Edward Kenny. She resided next door on the 3rd April (Sunday). Saw Kenny, junior, prisoner, and Lanfcy leave the house about half-past, six o'clock. Prisoner and Lanty left, by the back door. Witness could hear what passed in Kenny's house while in her own. Saw the > three men go down Wyndham-streeb. About seven o'clock saw Arnold come up Albert-

street from the direction of the harbour. He turned off in the direction of the back door of Kenny's house. He remained somethiag le=s than five minutes. Saw him coming from the back of the premises and turning up Albert-street. Did not hear any noise. Saw him pass to the corner of Victoria and Albertstreets. Witness going the same direction, passed over the street and saw nothing more of it. Was not walking with the prisoner. Did not see any other person come to the house. The witness was cross-examined, but nothing was elicited to shake her testimony. James Murphy, a detective officer, corroborated the testimony of the previous witnesses as to the state of the bolt, the examination and search of the premises, and the arrest of the prisoner. A lot of clothes were scattered about the floor. Prisoner, when taken into custody said, " I'm quite willing to go ; I knew some one in the house would be sus ■ pected." , The witness was also cross-examined, but nothing material to the defence was elicited. When Kenny, jun., found the money he immediately identified the half handkerchief as belonging to the prisoner. Witness said in the Kesident Magistrate's Court that Kenny, junr. told him the reason he suspected Arnold (prisoner) was because he was " hard up," aud the elder Kenny said he suspected prisoner from the first, "as Arnold was the only one who knew he (Kenny) had the money. Luke Kenny, recalled by the jury : There was no housekeeper in the house. The prisoner was kept by his son out of charity. The prisoner was in the house on the day witness took the money from the box, and placed it in the boot. Prisoner did not see witness remove the money, but might have heard the money " fall into the boot." Tried to open the gun-case, but could not get the key to work. Mr. Bennett addressed the jury for the defence, and his Honor summed np, and the jury had retired to consider their verdict as we went to press.