DISTRICT COURT, CLYDE.

Dunstan Times, Issue 844, 21 June 1878, Page 3

DISTRICT COURT, CLYDE.

—o— Monday, June 17, 1878. (Before Judge Harvey and a Jury.) Henry, alias Harry Browne, under charge of larceny of gold, the joint property of the partnership of himself and John Mcllor, of Tinker’s Gully, the result of a washing-up of a claim in Devonshire Gull -, and who had been out on bail pending the decision of the Court of Appeal on a demurrer raised by prisoner’s counsel—that the prisoner could not be charged with stealing property iu which he had an interest—was brought up for trial. As the evidence in detail as given in the R.M. Court when accused was committed tor trial, also the argument on demurrer when the case was first before the District Court, also the decision ot the Court of Appeal, have all from time to time been published, we do not feel called upon to repeat the same in this issue. We will merely relate the simple facts of the case, as follows : Prisoner had a third interest in an alluvial • mining claim in Devonshire Gully. Mcllor, the ostensible ptosecutor in the present case, also held a third share in the claim, and some time afterwards Mcllor and prisonei buy out the other third, thus bringing the whole claim iuto the hands of the two ; prisoner, however, has no money, and Mellor pays out of his pocket on account of the partnership the price for the last third share, viz., L 127 7s Cd. For a time everything goes well, and the proceeds of the first washing up is hauded over to Mcllor to recoup him for the price of the race and other expenses incurred in the working of the claim. The working of the claim is still proceeded with, and arrangements are made for another washing up, the day fixed being the 24th of December. (It is hero to be understood that Mellor, who is a storekeeper residing some three miles from the claim, does not work himself, and that prisoner with a number of wages men has the management.) On the night of Saturday, the 22nd, Mellor hears that prisoner had washed up, accordingly on the Sunday morning sends a message for him. In time the messenger returns with the information that ho is not at homo ; further enquiries are made and it is then discovered that ho had absconded, leaving a letter behind him 'o the effect that, according to agreement, as Mellor had had the proceeds of the first washing, he (the prisoner) had taken away the proceeds of the second washing, and that he purposed goiua to Christchurch, and requesting Mcllor it that ho (prisoner) did not return by the end of the holidays, to put a man named on as manager.—lnformation was given to the police and prisoner arrested, and on the charge being heard was committed for trial. Mr Wesley Turton, Crown Prosecutor, conducted the case for the Crown. Mr F. J. Wilson acted as counsel for the prisoner. The evidence having been taken the Crown prosecutor ebargod the jury, after which Mr Wilson, for defence, urged that the intention to steal fiom the onset and before the gold came into prisoner’s hands must be proved before a verdict of guilty can be returned. His Honor having summed up, the jury retired, and returning pronounced a verdict of guilty. Sentenced to six months’ imprisonment in Clyde Gaol. Ecclesiastical Jurisdiction. Mr F. J. Wilson applied for probate in the will of Wm. Gen. Smith of Bendigo.— Granted. Great souls have wills. Others only feeble wishes. Attention to small tilings is the ceremony of virtue. The most timil girl has courage enough to talk scandal.