POLICE COURT.—Friday.

Auckland Star, Volume I, Issue 303, 30 December 1870, Page 2

POLICE COURT.—Friday.

[Before IT. Gilfillan and J. Newman, Esqs., Justices.] DRUNKENNESS. —Two drunkards were punished in the usual manner. Vaghaxcy.—Mary Lilly pleaded guilty to having used obscene language in Chancerystreet, was fined £5, or lo be imprisoned one month. Ann Young, an old offender, was charged with having no Jlawful means of support. Remanded till to-morrow. Burglary. — David Williams, Charles M'Carthy, John Broughton, aud David Morgan, were charged with having feloniously entered and stolen from the store of John Lamb, 4 bags of gum, valuo £9, on or about, the 12th November. Thomas Henley deposed I trade in the cutter Blue Bell, trading from Kaipara, and emjiloyed by John Lamb. On the l.th Nov., 39 sacks of gum were placed in his store, by me. I nailed tho store up, locking the door, and gave the key to another. I left, Helensville immediately after. I returned on the loth. Found the back door forced open, and the middle stud of the window knocked out, Found 4 sacks of gum, marked B, missiug. I know the prisoners. Broughton was 4 monl lis in the boat with me. They were living at the time within half a- mile. They were ostensibly gum-digging. On the 16t.1i inst., I was again at Helemville ; about 9 o'clock, I heard M'Carihy's voice, Broughton was with him, I followeel them, they sat down on ti-tree and I sat down behind them. M'Carthy was blackguarding Broughton because he had been such a fool as to tell Williams about Lamb's store beiug broken open. Broughton said d Lamb's store and you too, if I had never had anything to do with you I would not have the bobbies after mo now. Broughton said Lamb had been a good master to him, and if he had not been a confounded fool he would not have had anything to do with the store. M'Carthy said if they had kept it to themselves they could have gone on and nobody would have missed the gum ; he said that Christinas times were coiniug on and they would have to make a raise somehow. (It was on the 29th of October that the store was first broken open). 1 went to fetch Detective Murphy to hear the conversation; when I i returned the prisoners were gone. About an hour and a half afterwards I was at M'Clelland's hotel; Detective Murphy was with me. Broughton came in ; he asked me for a passage to Shelly Beach. Mr. Marphy spoke to him about the store, and cautioned him. Broughton said he saw a man come out of the store, and that he knew hira. The sack now produced, branded B, was marked by mo. The fonr sacks «^tolen in November were marked similarly, 'this sack was found in M'Carthv's wharo on 17th December; M'Carthy was asleep. When I picked the bag up, I said that's Lamb's property. — Detectivo Murphy, deposed :On the 161.1 i instant I was at Helensville. I arrested Broughton, who told me ho knew who had broken into the store. Ho refused to givo me the names of the parties ; said he had seen the man enter the store. I found Williams and Morgan in an unoccupied house. Mor-

gan said he was drunk on the night in question. Williams said he did not break into the store but he knew who did. He said be would not say anything about it till he got to Auckland. I arrested McCarthy soon atte-r----wards. He was asleep in a whare. W hen preparing to come with me he picked up a bag which Stanley identified.-This concluded the case for tho prosecution.—The Bench considered there was not sufficient evidence to commit, and dismissed the case.