RESIDENT MAGISTRATE'S COURT, CROMWELL.

Cromwell Argus, Volume 2, Issue 93, 22 August 1871, Page 5

RESIDENT MAGISTRATE'S COURT, CROMWELL.

Thursday, Augttst 17. (Before Vincent Puke, Esq., E.M ) REGINA v. CARPENTER. STEALING AMALGAMATED GOLD. Thomas Carpenter surrendered to his bail, on b charge of stealing amalgamated gold from tbe Koyal Standard Quartz Crushing Co. The fob lowiuj/Vs a copy of the information :—That Wm. Watson; manager of the said Company suspects that .Thomas Carpenter, who was a servant to the di.l while he was so employed, in or about March last, feloniously steal, take, and carry away a quantity of quicksilver containing gold, (usually called " amalgam,") to the value of £2l 3*, and within six calendar months thereafter, in or about April, a further quantity of quicksilver containing gold to the value of £45 3s 2d. and in or about May, quicksilver containing gold, to the value of £49 lis lUd, and in or about July quicksilver containing gold to the value of £44 7s Id, and the same did feloniously steal, lake, and carry away respectively, of, the

gooda and chattels lawfully in the possession of the said Company. (Total, £l6O 5s Id.) Mr Brough (instructed by Inspector Percy) prosecuted ; Mr Wilson defended the accused. The Court-house was crow del tkraughjat the day.

Mr Brough withdrew the oriorintl information as it only stated one offence, wnile tbo prisoner was njff charged with several acts of laroouy as a servant, to the extent of £l6O. Mr Wilson sai'l that, as he had not heard of these charges before, the new information must be sworn, as the case might go to trial. Mr Pyke : Of course it must be sworn to. Mr Wilson asked that all witnesses—including the constables—should be ordored out of the Court. Mr Pyke said one constable must remain in Court, the other- might go outside. The original charge was then withdrawn, the bondsmen released, and the prisoner indicted on the new information. Mr Brough, in opening the case for the prosecution, said it would be necessary to enter into a brief statement of facts, —the evidence to be adduced being mainly circumstantial. The information was laid under the 67 th section of the Larceny Act, by William Watson, the working muiagerof the Royal .Standard Quartz Crushing Co., in whose service the prisoner had been, as a feeder of tha crushing machine. A s the Company had not always sufficient of their own s:one to employ their michiniry, tiny crushel for others. On the occasions mentioue I in the information the results of certain trial crn strings were deficient, and from certain circumstances suspicion fell upon the accused. Watson believed that the tables had been tampered with. And here it would be necessary to touch upon Carpenter's personal history. He came here from Auckland some months ago, and was for a length of time only partially employed. In December last he wrote a letter to l)rCorse, stating that he was very " hard up," asking the Doctor (who is a shareholder) to interest himself in obtaining employment for him at the Company's ! machine, —the accused stating that he thought it very hard that Mr Alves should engige men from down country while old residents were unemployed. He also wrote that unless the Doctor got him a billet at the machine lie di I not know what he should do. Dr uorse obtained employment for him, to " feed" the machine, his wage to be at the rate of £4 per week. During the last week of March the crushing of 100 tons of quartz from the Star of the East Co.'s claim was completed, the result being about 11 dwts of gold to the ton. It would be proved that on the 21st of that month Carpenter went to Clyde, and sold to Mr Christophers, agent for the Bank of New South Wales, a quantity of retorted gold for which he received £2l. Up to the 10th of April the machine house was not locked at any time, and accused had constant access to it. On April 13th Watson was on duty in the machinehmse, with a man namci 5 Herbert. On that day two solid lumps of amalgam were missed from a bucket, where they were last seen by Herbert. Tbe yields of the cmshings during the same month were generally considered deficient. On May2ot!i a, chamois leather was found about the accused's house, it had evidently bom used for squeezing amalgam. On April 2lst Carpenter was absent from the machine, and it would be proved that on that day he sold to Mr H. Conway Jones, agent for the Bank of New Zealand, at Alexandra, under the assumed name of Green, a parcel of gild, which he said he had got from the Carrick Range, and that he had a mate of the name of Carpenter there, forwhom he desired to make some arrangements as to remittances. It was noticed that accused—even after being on the night shift—was always rea ly in the morning to pan off or wash up. Falsifying his name and sellling the gold at Alexandra, where he was unknown—whereas he was well known in Cromwell and at Clyde—were very suspicious circumstances. Bet-.veen May 21st and early in June amalgamated gold had been found in the vicinity of prisoner's house, in a hole in a water-race, which -was suitable for panning off stuff, out of which Sergeant Oassels had since taken amalgam, quartz, and quicksilver. It had evidently been used for washing up stuff. On Juno 21st the prisoner was seen washing out a mortar, which had bsen used for p randing quartz. Next day he sold another parcel of gold to Mr Jones, at Alexandra. Carpenter's earnings had only averaged £2 per week, as he had not worked full time, but was employed " on and oil".'' In spite (of thi*, and being confessedly "hard up" when he entered the service of the Company, he had found means to build a house, had kept a wife and child, and had lived in an extravagant way for a man in his station. Now it was easy to understand how he had contrived to do all this, as it would be proved that he had—between the 25th of March and the 3rd of June—received from Messrs Christophers and Jones, at Clyde and Alexandra, £lls for gold Slid by him. For about ten weeks the accused had had about ten guineas a-week at command. The yields from trial crushings at the machine had been unsatisfactory, and the yield from the Border Chief Co. was so small as to justify the belief that there was something wrong with the panning off in the machine-house. On July 13th about a pound of quicksilver was fouud in the machine-house i under suspicious circumstances—itw.is supposed | that Carpenter did not know how to get rid of | it. On July 27 he was absent from the machine, i and it would be proved that on that day he got I a horse in Cromwell, from Mr J. Marsh, of the Bridge Hotel, stating that he was not going beyond the Dunstan. He passed Mr J Cox's Port Phillip Hotel at Clyde, where he was seen by a Mr J. Holliday, who—being a shareholder in some of the claims on the Carrick Rauge, and distrusting Carpenter—asked him where he was going to. Ho replied, "To the Hospital." "Are you ill, then ?" asked Holliday. " No," replied Carpenter, "but I am going to visit a nick friend." Holliday afterwards watched him, and saw him take the direct road for Alexandra: he did not go to the Hospital. On that very day he disposed of another parcel of gold, still giving the name of Green. Altogether, the two Banks had paid hiin £l6O for gold. If these facts were proved, he (Mr Brough) thought the Court would have no hesitation in sending the accused to Dunoilin for trial. Even if a plausible defence could bo set up, it would be more satisfactory to the accused to be tried by a jury of twelve men than to remain under a perpetual stigma. There were thirteen witnesses to be examined for the prosecution; and he (Mr Brough) was aware that a trial would cause a large amount of exptass to the Government ; but he '.vas aura the

Bench would not be deterred by any consideration of taut kind from committing the accused for trial if a pfimA facte case wan made out. The charge was a in >st serioos one, regarded as affectius the pabl'c interests. The acctt3ed (as was allege!) bvl not only fobbed his employers, but dtitaiged the district in a manner, and to an extent, that a hundred Carpenters could n<>t repair. The trial crushings had not., given sitis- j faetory results, and those low yields had acted j prejudicially to individuals, and retarded the ! progress of this mining district. The presume- , tiva evidence of the prisoner's guilt was so very strong iu this oiao tir.it direct evidence w.is , scarcely necessary. lie referred to a case iu : poiut— Beg'mrt v. B.vrton —in which ic was held that if a man went into the. wine vaults of the ! iiOndou docks sober, an 1 ca'iie out drunli, the j fair presumption was that he got the wine that '• intoxicated him in these vaults, although no one j

had actually seen him take the liquor, lie (Mr I Brotigh) would now call witnesses. It was stated that there were thirteen or fourteen witnesses for the prosecution, and only one (Mr Chas. Uolclough) for the defence. Mr Wilson pointed out that as the information was laid, the gold was not shown to be the property of any one. Mr fyke : It was in the possession of the Royal Standard Quartz Crushing Company as bailees.

Mr Brough : It is only a waste of time to raise this objection. Mr Wilson : I have to defend this man, and I am sure the Court will not consider the raising of this point a waste of time. My client's liberty is at stake. Mr Pyke: The Only legal representative of the Company is the Legal Manager, Mr George Jenour. The accused Was, legally, the servant of that gentleman. Mr Brough : The property was vested in the Company. After further argument, the evidence was taken : Dr James Corse sworn : I know the prisoner, I received the letier—[i'roduoadj—from him in December last. Mr Wilson : Stay,—did you ever see him write ?

Witness : Yes, I have. Mr Brough read the letter, winch begged Dr Corse to obtain employment for the writer, as he (Carpenter) was very " hard up." [The substance of the letter is given in the learned counsel's opening address.] Witness : In consequence of that letter I exerte I myself on his behalf, and ho subsequently obtained employment from the Koyal .'van lard Quartz Crushing <Jo. lie is a married man, and has one child—— Mr Wilson : Is that an oifeuce ? Mr Brough : No, not in this c >lony. Witness : In February last 1 received another letter from the accused. [The letter was produced. In it the accusal stated that he was '• very hard up indee I," and therefore unable t'> employ Dr Corse professionally in the approaching confinement of his wife, —ho was unable to incur the expense of a Do-.; or, "in conse ruence of our poor circumstances."] Cross-examined by Mr Wilson: I have known the accused for eight years; during that time he has borne an excellent character as a straightforward, honest man." I never had any fault to find with him. I have heard some reports about him, but have had no proof of their truth. I know nothing personally of his cirjumstances, beyoad his letters and statements to me. Win. Watson : I am working mamg:r of the Royal Standard Quartz Crushing Co. Thire is also a legal manager, Mr Gs lrge Jei<nir. The prisoner was engaged by Alv a, as feeder for the machine, at £4 per week. Mr Wils-m objeo e I to this hea - -sav evid :nce. Witness : Prisoner was first discharged on the 21st of January, the machine being inle. Jeuour paid prisoner Ilia wages. Ha was discharged, and re-eugaged on Februa-y 21st, at £3 10s per week, when I was time-keeper. I k*pt all the men's time, On one occasion I paid him £l3 10s, being a portion of his wages. Thi total amount of his wages w.is abmt £157. He worked under his first engagement for about five weeks Under his second engigemen , for 81 days I keep a b xik in which I make entries of the results of crushings. On Marjii 27 a crushing of 8 tons of qnartzfrim Green and vieldoil haif-an-ounce to the ton. 100 tons from the Star of the East yielded about II dwts. por ton. The washing up was completed on March 2~>, on which day Carpenter went io the Dunstan by the short tr.ick. lie retnrnel home about midnight. From the prospect the stone should have yielded move. On April 4th we washo I u,i irom a crushing of 20;, tons of the Heart of Oak Co. McCabe, a machine fee-ler, then found some amalgam outside the machine-house. Carpontei was absent about April Bth. On the 10th wi commence 1 crushing our own stone. —0 tons ol ! it yielded lf> ozs. The crushing finished on th< ! 12th, the yield being than was anticipated, | On April 12 the tables had baen cleaned by tin | accused. I examined the amalgam bucket, and I it contained a very small quantity. I showed i 1 to Herbert, whose duty it was to give the amalgam to Carpenter to pan off. On April If) eight tons of Golden Phoenix stone yielded 4 ozs.—tin stone was not rich. On Ma/ 20th washed up (ji tons of Heart of Oak stone,—yield. 13(5 ois. o retorted gold. A chamois leather was missed on the 2.'Jrd my wife found one, which ha<l beet used for squeezing amalgam ; it was wet, anil i had globules of quicksilver on it. We began t< crush the remainder of the Heart of Oak stom ! on May 23. Some of the shareholders had tin tables secured by an iron bar ami a padlock, be cause some, shareholders had suspicions. 1 be lieved there was something wrong with tho firs crushing, but it yielded Very nearly what I ox pected. Mr Pyke : This evidence is valueless—[ nove kuew a crushing which came up to the expecta tions of tho shareholders. Mr Wilson : Except the Caledonian. Witufl«s : Between May 23 and June 1 mysii or my wife showed me some amalgam which hj found ; I found some pounded quartz in tho Al i Nations race, which runs past the gnh'o of Oar J penter's house. Jt was in a hole dug for pannni off. My son pointed out the holo" in which hj found amalgam,—[ found quartz and quickailv< there several times,- lirbfc aboui May 2,1. Th hole was not iwed by the Company. An adjournment of half-an-hour here too place. ; On re-.umbg, tbe counsel employed e>rprrs3e 1 a '•'•iah that, :u tho esse could not possibly 1;

got through in one day, the Court should adjourn at 5 p in. to another day, or to Clyde—some of the witnesses residing at Clyde aud Alexandra, —01" to the next Court-day. Mr Pyke said he was prepared to go on with the hearing of the case till it was finished, /v calumnious statement had beeu made in high quarters by four persons, assuming to represent the people of Cromwell, that he was in the habit of hurrying the business of the Courts, for the purpose of getting back to Clyde at night; and, therefore, if ho acceded to counsel's request for an adjournment, he wished it to be distinctly understood that the adjournment was for the convenience of the professional gentlemen engaged in the case, and not for his own. but the contrary, as he would prefer remaining to conclude the case. Mr Wilson said that both he and Mr Brough could bear testimony that the business of the Courts had not beeu unduly hurried over. Mr Brough feared an adjournment of a week might make the case —if sent for trial—too late for the next Criminal Sessions of the Supreme Court. Mr Pyke: Well, I can't help it. I'm not like Sir Boyle Roche's bird, —and 1 must not neglect the public business in other parts of the district. Wm. Watson then completed his evidence,— A mortar, used for pounding quartz, was missing on June 2nd. Carpenter said he knew nothing about it, —yet on the 3rd it was placed by some one at Cossar'a door. It had been recently used. Carpenter was absent on that day. On the 19 th found a. quicksilver scoop and a wide-mouthed bottle under the eaves of the house, —do not know who put them there. On July (5 we commenced crushing nine tons of Border Chief stone. 1 had tested the stone by pounding it in a mortar —I thought it would yield 0 ozs. to the ton, — some would yield more. I made my experiments carefully, by weighing the stuff. On July 7we washed up. I panned off part,—Carpenter the rest. The result of my panning off differed perceptibly from his. There was, I believe, amalgam in the waste tub into which the pannings were thrown. Nine tons of Border Chief quartz yielded 41 ozs. of g)ld. I expected 54 ozs. The accused made additions to his house which probably cost £6O. On July 27 accused was absent. My wife found another chamois leather, which had been used for squeezing amalgam. I reported the matter to the police on August 3. On August 12 some pannings off were taken out of the race. Herbert panned it off. There was amalgam in the stuff. Cross-examined by Mr Wilson: It was not usual for parties to try prospects in the race. I have had 18 months' experience at quartz crushing, and consider myself an expert. I did not report my suspicions to my employers. My wife and Carpenter's are not unfriendly. My suspicions commenced in March, but I did not lay an information till August, when I found that he had been selling gold. One of the Heart of Oak Co. went to Ctyde—l got him to make enquiries for me. I watched and told others to watch. Mr Alves was told of our suspicions by McCabe, but he would take no steps. The Royal Standard crushing should, I think, have realised 2 oz. to the ton from nine tons, —it gave 15 oz. Mr Pyke: This is preposterous. All these experiments are so much waste of time. Witness : When 1 went there on that occasion (April 12) the tables were washed up. I did not see him do it; but it was done in his watch. I did not report to the manager. Other persons had access to the bucket on April 12. We

I machines lose more than others. It depends on , quality of quicksilver and the quality of the | tables. It is the practice for parties having i crushings to have men watching the tables dur- | ing the whole of the crushing, so that it is impossible during that time to take away any amalgam. I have generally done part of the panning off, and Carpenter the rest. An inexperienced hand j is apt to lose a portion of the amalgam in pan- | ning off. The hole referred to in evidence Ins i been used for panning off, but Carpenter gene- ! rally panned off at the dam, about 100 yards | from the machine. The engine house was open ! at all times, and any person may have placed , the quicksilver scoop under the eaves of tin; ! house. I tried several prospects of the Border j Chief stone—several prospects of a pound weight each; it went a grain to l\ grains to the pound. j L was disappointed that my expectations were ' not correct. It is not easy for anyone to wash ! away a part of the amalgam when panning oil', ;if anyone is watching. During the two months i of suspicion, and immediately after each washing | up, I. never had the waste tub emptied. I | never searched the tub in which he panned off. I never asked Carpenter what had become of I what I misaed. He had access to the tables, j but they were watched; still he could have I taken amalgam away. i Mr Pyke : Yes, if the watchers did not watch. i That is extraordinary evidence. I Mr Wilson :It only shows the animus, your j Worship. He says the tables were constantly ; watched ; yet that they could bo robbed. (To j Witness) : Was any one else suspected? j Witness : I might have been suspected ; peri haps I have been. I never heard of the prisoner II being sent for to be present at the washing up. 1 1 The hole in the race was Idled up about August 1:'. ' j During a portion of the time the tables were .locked as Well as watched. No other company 11 except the Heart of Oak had the tables locked i when their stone was being crushed. i \ By Mr Pyke : The machine is below prisoner's ! i house. The book which I have used to refresh i' my memory was " made Up" only last night. I I produce the original. • I [Mr Pyke examined and compared the two :|books (the original with the supposed "copy,") (and it appeared the book from which witness ihad refreshed his memory was chiefly "made • up" from memory.] • | By Mr Pyko : The quantities of gold were not taken from the book produced,—but from i memory, i i Re-examined by Mr Brotlgh : 1 made no s formal report of my suspicions of the accused to t| my employers: but it was reported that some ■ ! one had been robbing the machine. 1 first had ; ] information through Sergeant Cassela that the i! accused had disposed of gold at Alexandra about r : two weeks ago, and then proceeded with prosej : cution. By Mr Wilson : I made a bet that the Border i. I Chief stone would go 10 ounces to the ton. The prisoner was then remanded for a week, I < but admitted to bail,—two euretiea i'± £lo*3 » ea-;b, and himself in £2O?.