SUPREME COURT.—Criminal Sittings.

Auckland Star, Volume II, Issue 521, 11 September 1871, Page 2

SUPREME COURT.—Criminal Sittings.

MONDAY; SEPTEMBER 11

[Before His Honor Sir Geprge Arney, Knight Chief Justice, and a Common Jury.] J The Criminal Sossion of the Circuit Court iwas resumed this morning, His jHonor the Chief Justice tooli his r :seat on the Bench at 10 o'clock. -;• >\i S ;i i

ifrederiek William lllitches, 'formerly 4 raembir of the detectiTe 'department of the Christchurch constabulary, was arraigned upon an indictment charging him with breakr ing atad entering the dwelling-house of Geo. Spray, and stealing therefrom a gold watch, .i gold chain, rings, brooches, lockets, and trinkets of various kinds, viz.: 1 gold chain, value £10 10s ; a gold broach, £5 ; a pair gold sleeve links, £1 10s ; a pair gold stucb, £1; two rings, £2 5» ; one bracelet, £5 ; two gold bearing specimens, JEI; pair of trousers, £2 ; pair of boots, 15s ; and articles of clothing, to the value of £1. This case was a little peculiar, from the circumstances that the prosecutor and the prisoner were formerly memberi of the police force, and that the

character of the offence as well as the prisoner illustrated one phase of a very old proverb. The facts were as follow: The prosecutor with his wife was, on the 26th of June, in attendance at the Supreme Court, being witnesses in a civil cause (the Hazelbank Gold Mining Company v. Orosbie and others). The prosecutor's house is in Syinouds-Btreet, part of it being visible from the porch of the Supreme Court. His wife left the Supreme Oourt-house about one o'clock, and went to the house, which she found had been broken into and robbed. She sent.for.her husband to the Court house, who went home and made an examination of the ■place. He found that the doors had been forced by some blunt inst mment being placed between" the frame and tho lock. A search was made, andthe articles enumerated above wtre found to be missing. The prosecutor and his wife deposed to tho above fiicts, and identified a large number of valuables as their property, which were in the heuse on the morning of the 26th of June. They also' deposed that before leaving their house on :the morning in questionjthey had looked to the fastening of the doors, and observed that they were;; secure. — The prosecutor Spray was cross-examiued by the prisoner, and in reply to several questions, said that he had known the prisoner about eight years, and heard him spoken of as bearing generally a good character.—Mrs. Spray said she saw the prisoner pass the house as she was leaving it. Was positive the man she saw at that,time was the prisoner. She had spoken to the prisoner two or three days before, and knew him well The ' prisoner had formerly been a detective officer in Christchurch, and since that, in Auckland in the same capacity. —A witness named Denningham, who keeps a restaurant in Victoria-street, deposed that the prisoner slept in his house from the 23rd to the 29th of June. Prisoner did not take his meals there, but said he had his meals with a friend inParnell. —James Murphy, a detective officer, said that he was ordered to execute a search warrant in prisoner's house. The prisoner's house is at Shortland. Witness went to prisoner's house in company with Constable Brennan. The constable was posted outside while the witness searched the house. While searching the house witness heard the. prisoner's voice saying, '"That won't elb, Murphy, that won't do." Prisoner came into the room where he was with. Constable Brennan. Presently > witness heard soniethiug : drop. Brennan said, "There's the watch" Pri soner replied, " What watch ?" Thia is the same watch and the ono identified by Mr. Andrew Spray. Prisoner asked his daughter whether there had not been "n drunken man in tho house during his absence?" The child said, "No, pa, but a person came to the door to enquire for you while yon were away." The watch was wrapped in paper and covered with sand.—The prisoner cross-examined the witness at considerable length in respect of the relative positions which the constables and himself occupied, the distance from lha walls, and several articles of furniture, but he elicited no discrepancy.—Constable Brennan confirmed the statement of the detective offiier.—The prisoner, during the examination of the constables, said that the purport of his cross-, examination was to show that there had been a plot laid against him, and that if certain questions were p»t ,to the witness he could expose the crime and villainy of some, persons. Constable Brennan. ftsposed that he went with "BetectTve "Murphy to prisoner's house, and ,was ordered to wait outside. -While Murpky voa engaged in the search prisoner came up. On hearing that Murphy was searching the house, prisoner exclaimed, '' Tho devil he is !"• and was turning towards Graharastown, when: witness seized him and brought him into the house. The witness confirmed the statement of the detective in the other particulars.— This concluded the evidence of the prosecution.—The trial was proceeding when bur reporter left. ' ' ' ~