POLICE COURT.—Friday.

Auckland Star, Volume I, Issue 179, 5 August 1870, Page 2

POLICE COURT.— Friday.

(Before D. B. Thornton, H. H. Turton, and H. D. Morpeth, Esqs., J.P.s.)

LUNACY.

One charged with lunacy was, on the evidence of Drs. Hooper and Nicholson, forwaruect uo the Lunatic Assyluqj.

DESERTION* I*RO_._ ROSARIO,

George Weston, on remand as a deserter, was further remanded pending the arrival of q ship of war.

STEALING SPECIMENS,

James Wilson was charged by George Preston with stealing gold and gold ore, value £20.

Mr. Hesketh for the prosecution. Messrs Rees and Sheehan for the defence.

Vincent E. Kice deposed : I am chief clerk in the Superintendent*, office. The lease of the Whau Company's land produced is signed by Mr. Gillies and attested by me ; dated 30th May. Robert Somerville deposed : I am legal manager of the Whau Gold Mining Company (Registered). I produce the certificate of incorporation, dated the 3rd November, 1868, and a document purporting to be a lease. The Whau Company has owned this claim since its incorporation. It was formerly known as the Whau claim. John Borthwick is a mining manager. The company has no other land than that referred to in the lease.

To Mr. Rees : I am one of the owners from the first, and one of the shareholders in the company. George Preston deposed : I am a miner on the Thames goldfield, prisoner is a miner working in the Whau claim and living on the Karaka, near my place. On the 28th May prisoner came into my house and took a specimen from his pocket, and asked me what I thought of it. My wife was present. Found it was very rich. I asked him where he got it ? He said, " I got it out of the quartz that came out of the winze of the Whau claim." I asked him if he kuew the risk he was running, and the injury he was djiug to others. He said there was no risk; so long as Mr. Borthwick did not see him he might carry away a bag full. I said, " Have you got any more of them ? He said he had. I asked him if he would let me have a look at them in the daylight; he said he would, and on the 29th, viz., next day, he brought into my house a parcel of specimens lapped up in a piece of brown paper, and laid them on the table in presence of my wife, and said, " There, you can have a good look at them now." They were very rich. I again asked him what part of the claim he took them from ; he told me as before, from the quartz out of the winze: I again cautioned him as before, and finding this had no effect, I determined to take another cour-se, and wrote to Mr. Somerville. After the 29th he was about three weeks idle, and started to work again in the Whau claim about 27th June ; it was on a Thursday. On the day following, on my going into the prisoner's house, he took a cup off the shelf containing a specimen in water; it also was very rich, and about a pound weight; there was at least an ounce of gold in it. He said he had got it out of the paddock •of quartz that was stacked at the top of the shaft. He had been filling and trucking this stuff down to the Pioneer battery. He said something about having made a very good day's wages of it. His sister, Sarah Wilson, was present. On the day following he brought home a similar piece, and showed me it in his house. His sister Sarah was present there also. Have since seen with the police some of these specimens. I identify one produced as that shown me by prisoner on 28th May. I cannot identify the others produced. I have no doubt the others produced are portion of the.specimens shown me. I had told him the weight was about lOlbs. In this parcel there is not more than one-thii d of those shown me. Ho asked me to get the specimens crushed for him. I said " Yes, leave them to me, and I will get them crushed for you." He took them away. My wife is prisoner's sister. I was afraid that he should make a confidant of some one else, and I should lose sight of them. The specimens shown me must have been worth more than £20.

To Mr. Rees : I looked in the newspaper that evening to find the date—partly for the purposes of this case. I did not think there was any necessity for telling you this at first. The letter produced is that which I wrote to Mr. Somerville.

The conclusion of the letter is as follows :—

" Now, sir, it lays with you whether I show him the place he deserves or not. Sir, on certain conditions I'll make known to you the party, and where you will find the specimens. First —That you will place me in a position so that I'll be able to give you further information, either as night watchman or captain of a shift, for its in the night that most of the work is carried on. Secondly—That I am not to give evidence in Court in this particular case. Thirdly—That you are to keep this communication strictly private, If you wish

to hear more of this you can write to John Watchman, Post Office. —I remain, your humble servant,

■" John* Watchman." These were the conditions on which I gave the information. When I found good advice was no good, I asked him if he had any more. The reason I did not at once tell Mr. Somerville was that I was out of work, and that people would say I did it to gain favour and get work in the claim. I was formerly on the battery, which was closed, as it was considered there was not a correct yield from it, and the hands were all discharged. I was one of them. Specimens were being stolen for the last twelve months. I have had words with my wife, but have never beaten my wife. I had beaten my wife a few days before writing this letter, because she was interfering with what did not belong to her. I remember giving her sister a slap in the face also. Next day her brother came aud objected to my beating his sister. Inside of a week after this I wrote this letter. Was never told by his Bisters that these specimens had been given them at various times during the last year or two. I remember going and looking through the prisoner's window and being ordered off by his sister. Did not not say I would soon leave them without an allotment. Did not tell my wife that I would be standing near her whengiving evidence. Prisoner's sister asked mo when the specimen in the cup was shown, if I would not take a specimen ? I replied that I had never got a chance.

The Court adjourned at two o'clock for half-an-hour.