RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume X, Issue 775, 5 January 1871, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Wednesday, January 4. i (Before W. H. Revell, Esq., R.M.) LARCENY. Annie Stewart was charged with the larceny of a box containing a theodolite, the property of the Westland Government, about the 11th June, 1869. Edward Barnes, surveyor, stated that on the morning of the fire he removed the theodolite from Kilgour's Hotel to tho % opposite side of the street, and placed it among a.quantity of -other goods. After *£• the fire he searched for the instrument, but did not see it again until Saturday morning last, when he identified it at the Police Station. About seven o'clock ; on the morning of the fire he saw the *? prisoner in the bar of Kilgour's Hotel, t and asked if she had seen the theodolite. ■ She said it was upstairs. He saw another surveying instrument there which might have been mistaken by any unskilled - person for a theodolite. || Joseph Kilgour stated that during the 1 morning of the fire the prisoner cain% in i to assist in the removal of goods from the | Union Hotel. :, She was previously in his service, but he thought she did not stop % at the hotel after the tire. He.had always • looked upon the prisoner as TioubsifeuP^ straightforward girl wh ; le in his service. * At the time of the tire he had a level and circumventor up stairs. Duncan Oswald, lately, hotel-keeper at the Coal Pitsjiaid the prisoner had been in his service*. She came about the last week of July, 1869, and left oifthe 16th August, 1870. About five or sir .months after she came he happened to see a box like the one produced, inside a tin fcox which belonged to prisoner. He took no particular notice of the box, because he thought it was a musical-box,' until several months after, when he saw the box-lid open and that it contained an instrument, which at the time he thought was a ship's quadrant. He did not take it out to see what it was. In cross-exami-nation he said he once saw a box similar to the one produced on the kitchen table, when the prisoner was present. Prisoner showed it to Km -land said that some one had left it with her. She/s^psheN* wished to get rid of it/ a^ that shep wished she knew who it behjL af ,A to He • replied "Its no use to # oX , the .. ' sooner you get rid of it the/ fetter." He never heard her offer to sej& *> anyone. It was never concealed™ any way. The tin box was nb^locked, and ■ was kept in the prisoner's bed -room. She was away on several occasions, ! once for three weeks , or a mooth ; and he thought the boxes were taken with her on one of these occasions ; but when she left for good, the boxes were left behind, and both open. He got them tied up, and sent down to town. Sub-Inspector Hickson stated that on ~1 Monday, the 19th December* he wentfto the Court-house Hotel, in Gresson street, where the prisoner had been staying. She was in the bar when he entered, and he walked into the room off the bar, followed by defendant. He told her he had a search-warrant, authorising him to search her luggage. She said her luggage was at the Custom-house, but she expected it would be down shortly. He asked where her bedroom was. She pointed it out, and he searched it, after producing - the warrant, and saying he was searching for a theodolite. She said, " What is that ?" He tok* her, and Constable Flannagan said it is contained In a small mahogany box. She replied, 1 "I don't know what it means; I have got nothing of the kind, and know nothing about it." The room was searched, but the instrument was not found there. In another room he saw another large box which . prisoner claimed. Inside of it, amongst clothes, was the box produced, containing the theodolite. She said she did not know what it was, but it was m her care. She was then told that she was charged with stealing it. She replied, " I never stole it ; it was given to me." The prisoner now stated that she had no idea this was a stolen : article. It was given into her charge by a man named Harry Green or Greenwood, who said he was going to Napoleon, for a few days. It was laid on the table in her bed-room, aqd remained there until she was going up to Nelson Creek, when she packed it into one of her boxes, and left it at the Victoria Hotel. Neither of the boxes were looked. Before going up country she met this man, who asked the loan of L 2 on the box, which she refused j and she has not seen him since. She had made enquiry, and heard that he had gone to Auckland or Fiji. Her statement then corroborated the witness Oswald's and the Inspector's evidence. If she had known it was a stolen article she would have given it up at once.. , The prisoner was then committed for trial at the next sitting of the Supreme Court, to be held at Hokitika, on Monday next. . ■.-.;.-■