CITY POLICE COURT.

Evening Star, Issue 3302, 19 September 1873, Page 2

CITY POLICE COURT.

Friday, September 19. (Before His Worship the Mayor and J. Brown, Esq., J.P.)

Drhnkennkss. —Margaret Russell had her bail forfeited for non-appear^nqp. Burglary and Theft.— Win. Barnard was charged with having, on the 17th inst., feloniously broken into the shop of Messrs M‘Donald and Boring, butchers, and stolen from there one cash-box, containing one LlO note, four LI notes, L 3 iu silver, L2 in gold, and several documents. Mr Stout defended. —Herman Dobring deposed : I am a partner in the firm of M'Donald and Dohring, butchers, carrying on business in George street, Dunedin. The accused was in our employ, having entered it on February 24 last, and left on July 12. He was the sausage-maker. During the time he was in our employ he was frequently sent upstairs for waste paper, which I keep near my bedroom. He frequently passed through our office down stairs, two or three times a day, where our desk, in which the money was kept during the day was, I remember the night of Wednesday, the 17th iijst. I left my premises in George street at haifrpa»t pins night, going out by the front door. I looked the pack kitchen door at about six o’clock, and On closing shortly after seven 1 locked the ba£k door, placing the key, as I usually do, on the windowledge inside. I place the key there so that by opening the curing-house window, which is never fastened, 1 can reach it. 1 used to keep the key there during the time the accused was in our employ. He knew it was kept there. Be slept on my premises during the time he was with us. Before leaving I had closed the kitchen door by the means of a snib inside. On the night in question I had in my chest of drawers iu my bed-room upstairs a cash-box. It was a small cash-box about six inches long; the drawer was locked, and the key in the jock. I had the key of the box with me. The pash-box contained one cheque from Driver Stewart and Co. for L 25 16s fid in favor of the firm ; another from Bartells and Thomson in favor of the firm for LSjty 2s 6d ; one I 0 U of Kenward’s for Ll4, a dishonored acceptance of a man named Spence for LB3 13s lOd, both in favor of the firm; alsq an agreement about the lease of the premises ; one LIQ Bank of New Zealand note ; four LI notes ; one sovereign and two halfsovereigns in silver ; and about L 3 in silver. The desk in the office downstairs' was also locked, I had the key of it with me. I left no one on the premises when I went to the Pier Hot?!, leaving there at a quarter to ten, aiter which I went to the theatre. It was then' half’-play. I the accused in the passage, passing close hy him. Although 1 did not observe the accused looking at me, he must have noticed me. I stopped at the theatre till it was over. I then went straight home, going in by the front door to the

kitchen. I lit the lamp and got iofct> bed. I observed nothing wrong. My partner slept in the house in his own room. He came in after me. I arose on the following morning at six o’clock. When I awoke, on looking at the drawers, I found the one in which the cash-box was placed, was open, and the box was gone, the key being in the lock. On going down stairs I found the back kitchen door was open, the one which I had snibbed from the inside. On opening the office door I found the desk had been opened by a chopper from the shop. There was nothing missing from the desk. It contained only books. When I first went down stairs, I saw the “chap” who opened the shop, Robert Turner, was there. He sleeps on the premises. The handle now produced I recognise as having belonged to my cash-box. It was kept in the same place, while the accused was there; but Ido riot think he was aware of it. 1 saw marks of blood on the stairs and on the outside of the desk in the morning. I did not think it strange to see them on the desk, but I was rather surprised at seeing the spots on the stair#. They appeared as if blood drippings from the fingers.—By Mr Stout: I examined the cashbox at 7 o’clock, after which I placed it in the drawer, where I again saw it at about 9 o’clock. Robert Turner, butcher, in the employ of the prosecutor, said he slept on the premises, and at 6 20 yesterday morning he got up to open the shop, and on taking the shutter bars round to the back, be observed that the back kitchen door was a-jar, but did not observe on passing through the office that the desk had been tampered with. Be found the haudle of the cash-box between nine and ten o’clock that morning, between tbeir yard and the Royal George Hotel, or a few yards from the fence that divided the place from Scott’s stables.—Walter Rose, out-rider to Mr Asher : I know the accused'. He and 1 went to the theatre on Wednesday night. We came out at the interval together. The accused did not return to see the afterpiece, but I did. By Mr Stout: I returned home at about a quarter past twelve, and the accused was then in bed. We both reside on Mr Asher’s premises in the Octagon. The accused went into the City Buffet when I left him. This would be about tea o’clock, and after the first piece was over. When I went into the City Buffet, shortly before twelve, the accused was gone.—Constable Frank O’Brien: The robbery at Me§srs M‘Donald and Doring’s was reported to abqut nine o’clqck yesterday morning. 1 went there, aqd the outside of the building. I also examiqecj. the rear of the premises, and in doing So found footprints from a gate on the side leading to the back of the house. They led to a boundary fence dividing Scott’s yard from Doring’s. This fence would be about five feet high from the inside. There was $ turned-over wheelbarrow on the side on which I stood. On following the tracks on to a heap of rubbish where the barrow wag lying, 1 looked over the fence, and on the other side saw two distinct footmarks on some clay adjoining the fence. I measured the two footprints. Detective Farrell was with me at the time, and after examination we concluded, owing to the heavy impressions, that they must have been caused by some one jumping from the fence, These footprints had the appearance of being freshly made, certainly within twelve hours. It had been raining during the night, and had they been made for any length of time they would have been obliterated. I accompanied Detective Farrell to Mr Asher, the butcher’s, where the accused was working, and found him there. We se arched his box, his bunk, and his clothing. The boots now produced we found under the accused’s bunk, tie was asked if he had worn these boots on the previous night. He said “no,” and pointed to a pair which were perfectly fiiy as those he had worn, while these were damp, as if worn lately. They are now in the same state as when I took them ; and have mud adhering to them of a similar color to that on which were the imprints to which I have previously referred. I measured the boots, and found them to correspond with the footmarks in length and breadth. 1 subsequently took the boots to the heap of clay in Scott’s yard. The accused followed us? and insisted upon seeing what we were going to do with the boots. He was turned off the premises, and in the presence of Detective Farrell, Messrs Asher and M ‘Donald, I examined the footprints. I then found the boots now produced exactly fitted the imprints. The two central nails in the heels, were especially observed as being plainly defined. We then sent for Mr Ingram, in the employment of Mr Neale, boatmaker, who also compared the boots. I arrested the prisoner about seven o’clock last night, and searched him ; 1 fodnd dri his person a watch and chain, a purse containing four LI notes, and a post-office savings-bank book. When searched in the morning he had L 5 more than. then. The accused informed Detective Farrell and myself where he had got the money which was found on him, but up to the present tiiqe we. have not had time to see if his statement were correct. Sb far as getting frqiq the bank went, I found his statement to 1)® correct by means of the bank book in his possession. -Sub-Inspector Mallard said that was all the evidence ha intended to produce, and asked that a remand might be granted for a week, in order to produce farther evidence. Detective Farrell’s evidence would simply be a corroboration of Constable O’Brien. —Mr Stout could not see why Parrel! should not be produced. He asked that accused be admitted to bail After further remarks from Sub-Inspector Mallard, who opposed the application on the ground that, if admitted to bail, he could dispose of the property. He was remanded for a week, bail be refused.