SUPREME COURT. — CRIMINAL SITTINGS.

Auckland Star, Volume I, Issue 211, 12 September 1870, Page 2

SUPREME COURT. — CRIMINAL SITTINGS.

MONDAY, SEPTEMBER 12. [Before Sir G. A. Arney, Chief Justice, and Common Juries.] His Honoe took his seat on the Bench at 10 o'clock. . ABSENT JURYMAN. Henry Taylor, of Grey-street, was fined £5 for not answering when called to serve on te jury. WHATT SPECIMEN STEALING. James Wilson was arraignu d upon an indictment, charging him with having stolen 10 lbs. of gold ore, the property of the Whau Groldmining Company, on the 25th of May, 1870. There was a second count, charging the prisouer with stealing one pound weight of goldbearing quartz from the came claim within six months of the alleged previous offence, viz., on the 27th June, 1870. Mr. Brookfield prosecuted on behalf of the Crown. Mr. Hesketh appeared for the company. Mr. Rees defended the prisoner. Robert Somerviile, legal manager of the Whau Gold Mining Company (Registered), proved the certificate of incorporation. George Preston, examined by Mr. Hesketh, deposed that he was a miner on the Thames Goldfield on the dates mentioned in tbe indictment. The prisoner was working in the Whau claim on the 25th of May last. He was also at work there about ihe 28th of June. The prisoner called at witness's house, and showed him some specimens. Witness cautioned prisoner in respect of the risk he ran, and the injury he was doing to his fellowworkmen. Asked prisoner whether he had any more of them. Prisoner said he had. \sked prisoner to bring them round to witness's house. Prisoner brought them next day, Sunday, Prisoner said he got them out of the "stuff that came out of the winze." Mr. Borthwick is the manager. Witness expected ' to go to work in the Whau claim. Went to i witness's houso to enquire whether there was ] any mes.-age from Mr. Borthwick about going to'work. "Prisoner took a teacup off' the dresser. There was a specimen in it. It was a very rich one. It was taken from stuff stacked at the top of the shaft. Prisoner was carting stuff. Prisoner said ho had done I a good clay's work. Witness again cautioned | the prisoner. He said others took them I (meaning specimens), and he did not see | why hi should not. In cross-examination the witness said that Up wrote a letter to Mr. Somerviile, to the effect that he knew the Whau Company to have been systematically robbed for twelve months; that it was time the thing should be made known. He promised to tell Mr. Somerviile more, but he hoped to be placed in a position such as would enable him to give full information, either as "night watchman," or captain of the shift." (The letter was read. It wa- signed John Watchman).

Mr. Rees followed up a rigorous crossexamination upon the descivpancies between the letter aucl his evidence in Court. The witness said both statements were true. He had worked at the Whau battery before. Believed the battery was closed in consequence of the small returns. Was not aware whether specimens were stolen from the battery. Was not aware whether it wa-9 the taking of specimens while he was there that caused the small returns. The prisoner was pressed as to the dates and time 3 at which ho worked at the battery, and at the claim but he coula not. speak positively as to dates. The cross examination lasted over three hours and a half, and had not concluded when our reporter left the Court. [Left sitting.]