POLICE COURT.-Saturday.

Auckland Star, Volume I, Issue 222, 24 September 1870, Page 2

POLICE COURT.-Saturday.

[Before Captain Daldy, and T. Macffarlane,

Esqs., Justices.]

Drunkenness. —S. Allan and T. Smith were each fine.l 55., or to be imprisoned for 24hours. —Q. Smith and F. Berry, for second offences, 10s., or 48 hours' each ; and Janus Frazcr, for a fourth offence, was lined 205., or to be imprisoned seven days.

Vaorancv. —Joseph Smith, whose case hod been adjourned on his own request for the purpose of procuring evidence as to his having employment ill the country, was called to answer the charge of having no lawful visible mean 3of support, and failing to adduce such evidence, was sentenced to one month's imprisonment,. —John Griffiths was char.-cd with a-breach of the 3r I sub-section of section 4 of the Vagrancy Act, in having, on the 20th of September, represented to Thomas Lascelles Harris that they were employed by the Auckland detectives to detain him, such pretence being with a view to obtain money.—Mr. Wynn and Mr. J. B. Russell for the defence. —Mr. Brookfield appeared to prosecute.—Thomas, Lascelles Harris deposed : On last Tuesday, the 20th instant, I was at Holmes' hotel North Shore. Saw the defendant there. George Ellis was with him. Ellis audi were standing at the corner of a garden fence on the North Shore, when Griffiths suddenly came up just as I gave Ellis my watch. Griffiths said, " You have led

me a pretty chase. " Ellis said to me, ." Wo may as well tell him all obout it." Then, turning to Griffiths, he said, " Ho is the man ;" referring to mc ; " he has no money about him, but he can give us £25 or £30 till he can get it from the Sai.ton." Both speaking at the same time, said, what, a fool I was to leave my money aboard the Sa ,- ton. They asked me what money I had about me. I said "£5 or £6." Griffiths said, "Ah ! that is no use, at any rate." Griffiths s.ii.l to Ellis, "Ah ! £30 is not enough—that would

be only £15 apiece." Ellis replied, " Well, we shall only get £20 from the"-detectives." Ellis spoke a few words to him, *#bich I did not hear. It was arranged that I should remain on the North .'Shore", They were to go over to Auckland. Ellis should bring a boat over, and he and I should go on board the Santon, and get the money. Griffiths was to watch on the wharf, so as to give us warning not to go on board the Santon if there was any danger. Ellis came with the boat about half-past seven. Ellis steered the boat over to the breakwater, where we left the boat and met on board the Santon. Before leaving the North Shore I had given them £2. We went up to the Army and Navy Hotel, and I gave Ellis £60 after this on board the Santon. I did not see Griffiths again after being at the North Shore.—Crossexamined by Mr. Wynn: I came in the Tararua to Nelson, thence to Wellington, and arrived in Auckland by Onehunga, five weeks from next Sunday. I then called myself Morand while staying at the Army and Navy. Then I called myself Etheridge from Tuesday to Saturday, when staying at Britomart House. Then I went by the name of Hamilton till last Thursday week. Then I went by the name of Selwyn, in which I took my passage. lam at present in custody on a charge of embezzelment. It was from policy I took all these names, that 1 might not be traced from place to place. Why did you desire this ? The answer might tend to criminate me. I met the defendant and Ellis afc the North Shore first, at a building yard, next at the hotel. We were strangers. I was conversing about shipbuilding with them. They left me and went on to Holmes' hotel; as it was raining, I also went iv ; and into the same room with them. I had drink with them. I had four drinks altogether. I played bagatelle with Ellis for three-quarters of an hour. We played for ss. first game, and 10s. each for two games. On going over to Auckland we went into the Waitemata. We had one or two games, one of them was for lunch, the first was for ss. or 10s. I swear I did not play for £5 that day. We proceeded to luochat the Occidental. I then had £3 in notes and about as much in gold. We played three or four games, none for more than 10s. One game was for double or quits. I left the Occidental at 4, and went to the Thames that night. I paid Ellis all I owed him before leaving. I swear I did not say I would pay more on coming buck from the Thames. On retiring, when at North Shore, Mr. Holmes told me that defendant and Ellis had said they had seen something iv the papers about me, and that I was the man wanted. 1 asked him who they were j I can't say what he replied. He gave mc to understand that he did not know what occupation they had. I felt somewhat alarmed. I went out by the side door with a carpet bag in my hand, and Ellis overtook me. We returned to the hotel, and in presence of Griffiths Ellis said, " Oh, he is not the man," and apologisod to me for having suspected me. It was nearly an hour after this, when Griffiths had found that Ellis was trying to swindle him, that Ellis said "This is the man." This was on 1 uesday. It was that evening that I started down the bay to get off by the Santon. I camped down the bay. I was captured on Thursday. It was when coming up in the boat that I told the detective—To the Court: Griffiths did not see Ellis take the watch, but was present and saw me pay the two sovereigns to Ellis. They had said " you must give us that for our evening's expenses." —Detective Ternahan deposed : There are only two detectives in Auckland, Murphy and myself. I was aware that enquiries were made from Victoria regarding Harris. I had not employed Ellis or Griffiths to make inquiry after Harris. —Cross-examined by Mr. Wynn. Defendants were apprehended yesterday on warrant. Ido no know whether they might not have gone away if not arrested. —Detective Ternahan deposed : Ternahan aud I are the only detectives connected with the force in Auckland. I was engaged looking after Harris previous to last '1 uesday. I had not employed either Griffiths or Ellis to make enquiry or assist in his capture. I asked Griffiths on arresting him if he was going to give up the £60. —Th s closed the case for the prosecution. —Mr. AVynn addressed the Court for the defence, and called John Holmes, who deposed : I am proprietor of the Flagstaff Hotel, North Shore. Harris was staying at my house. On Tuesday week he and .Ellis were playing bagatelle in my parlour, Griffiths being present. On the following Tuesday they were again at my house. Ellis and Griffiths asked me if they could see Harris ; that they wonted some money from him; th.it they had heard he was going away. On my telling Harris, he asked me what, iliey wanted. I said, " You had better go and sec." 1 (old thi.ni 1 thought he was going away, and if they wanted anything, they hud better look out lor it.—George Ellis deposed : I am an engineer, and have been ei"ht years in Auckland. I first met Harris in° the beginning of last we.-k, ut the North Shore. This win the lirst time I had seen hi.n. Ho represent', d himself as a captain of twenty years' standing. He asked mo to piny bagatelle. We played for an hour or so. On coming to Auckland, we went to the Waitemata, anil played '' double or quits" to the extent of £4 or nothing; afterwards, at the Occidental, we played " double or quits," and I won £32. He gave me £2, and said he would give me tho remainder on returning from the Thames. The witness told, with minuteness, the varii us games and winnings, and described how, having conic across him again at the North Shore, he had demanded payment. On my oath, I neither directly nor "indirectly represented myself as bcim* anything to do with the detectives ; neither did Griffiths in my prcs-nco. —To the Bench : I received, altogether, between £30 and £40. At the North Sbor , I received about £2 or £3. I never received v watch from him. I received the balance of £30 in Queen-street. It was in gold. Griffiths aud I were partners in the winnings.— Joseph Hart well deposed : I was at the Occidental on the evening of Tuesday week. Harris was ploying with Ellis. I saw money pass. At the conclusion of the j.lay Han is threw down one or two notes and said, " I will pay the other £30 when I come from the Thames," and then went away —George Cameron deposed : I was at the Occidental Hotel on this occasion, a' d saw them conclude the game. Harris passed Ellis some notes and remarked that he would pay the balai.ee on returning from the Thames.—This concluded the case. —Mr. Brookfield asked the Bench to withhold their decis on till after tho hearing of the charge against Mr. Ellis The evidence was road over The Pencil, a'ter aj few minutes' consultation, dismissed ihe case, expressing in *• cry. strong terms the unsupported 'character of the charge. The decision (

was received with considerable applause, which was at once suppressed.—George Ellis was then charged with a breach of the Vagrant Act in having represented himself as employed by the detectives to detain J. L. Harris, thereby to obtaili money from him. On the reading of the charge, the Court adjourned at one o'clock for half-an-hour.

On the Court resuming, John Holmes gave similar evidence to that in the previous case : I told prisoner that the two men wanting to see him had seen something in the paper about him, and that they thought he was the men. They had not given me any authority to say such a thing. I made that statement because I wanted to get rid of him. He had asked me if I could keep it dark till the Santon got away. —T. Lascelles Harris gave similar evidence to that previously given. On my going out. of Holmes' hotel, with car-pet-bag and hat-box, Ellis overtook me, and said, " Do you know a place named Bulla ?" I denied it, and he said, " Oh, we know all about it." I asked him what authority he had to detain me. He said, " None, but lam employed by those who have." I said, " Can I square it with you." He said, " I dare say we might come to some arrangement." I said, " Well, how much do you want ? " He replied, " Ob, about £100." The subsequent evidence was similar to that given in the pre-

vious case.