SUPREME COURT.

Auckland Star, Volume III, Issue 630, 18 January 1872, Page 2

SUPREME COURT.

THIS DAY. Before His Honor Sir GL A. Arnoy, Chief

Justice.

His Honor took his seat at 9 o'olock. STEALING A WEIGHING MACHINE. Andrew Crombie, labourer, 32, George W. Smith, sailor, 33, and William King, sailor, 29, were charged with stealing a weighing maohino from the cutter Woodstock.

They pleaded not guilty ; Orombio and Smith were defended by Mr Heos and Mr Joy. James McGregor, storeman to Messrs T and S Morrin, deposed that on the 26th August he sent to the cutter Woodstock a weighing machine, which was the last in stock, and bore the trado mark of Messrs Morrin. He identified the packing case produoed as similar in every respect to the one ho had sold, and the marks as being the same. The case was consigned to Mr Pollard at Port Charles. He had not at that time sold any other machino bearing the same number. About two years ago Crombie was in the employ of the Messrs Morrin. Witness delivered the case to a carter named Gregory, also in their employ. Cross-examined by Mr Sees: Cannot say if this machine is the samo which he sold to a Mr Goldie for transmission to Mr Pollard. All the No 11 machines would have the number on the outside of the case, but the shipping number would be different. Could not say whether the one sent to the Woodstock had the same number as on that produced. The only means of identification would be by the shipping number. The case in question was marked cither 11 or ll£. Other machines of the same kind had been previously sold by Messrs Morrin to other parties. Could not swear that the one in Court had not been thus sold.

Mr Millar, an assistant in the employ of T. and S. Morrin, know by his order book the marks on the machine sold on 26th August. Could only state from the invoice what shipping number was on the case. The number 11 on the machine and case indicate the machine is to be one capable of weighing 6001bs. William Gregory, carter to Messrs T. and S. Morrin, remembered having, about the 26th August last, received a case containing a weighing machine, which he took to the Woodstock, alongside the breakwater. He delivered it on the wharf, and got a receipt for it.

Frederick Olson, master of the Woodstock, deposed that on the 26th of August he received from last witness a case said to contain a weighing machine which was placed on the wharf. Could not swear that it was put on board. Next night the cutter went to Port Charles. On arriving there it was ascertained that the case was not on board. Did not return for a month. About 7th October Crombie came to witness's house and said he had got mixed up with a weighing machine affair nnd asked whether it might not have fallen overboard and floated away. Witness thought it would not float.

By Mr Joy : Witness had given orders to put the case on board, and believed it had been done, The vessel was lying at the continuation of the breakwater, and soon after shifted over to the old woodwharf, Could not swear that the case in Court was the same one,

Thomas Keightley, driver of an express van, deposed that about the end of September prisoner Crombie engaged him to bring a case from Mechanics' Bay, Prisoner and witness went along the beach of the bay towards Fort Britomart. There they found the box produced, which they put into the waggon. It was not wet, but lying some distance above high-water mark close to an old store of the Wesleyan Mission. They took it to Newton to Crombie's house. All three prisoners were present, While witness was in the house the case was unpacked and a weighing machine taken out and put together. It was then put into the waggon, the case being left in the yard. The machine was then taken to George Staines, and subsequently to another general dealer in the Market Square, and to Arthur's auction mart, where it was delivered to the detectives.'

This witness was cross-examined at some length. George Staines gave evidence as to the prisoner King having tendered a weighing machine for sale. Witnes3 doclined to purchase. John Mynott, storeman at Arthur's, remembered a weighing machine being brought to the Mart by Crombie and the witness Keightly on 30th September. Detectives Ternahan and Jeffery afterwards took the machine away. Witness identified the one produced. Carpenter Arthur gave similar evidence. Detectives Jeffery and Ternahan deposed to apprehending prisoners, and to having found the newly-opened case in Crombie, s back yard. (Left sitting.)