District Court of Marlborough.

Marlborough Express, Volume III, Issue 106, 7 March 1868, Page 6

District Court of Marlborough.

CRIMINAL SITTINGS. BLENHEIM, MONDAY, MARCH 2nd, 1868. ' [Before His Honor Mr. Justice Ward.] The Court assembled at 10 o’clock. Henry Redwood, Peter O’Dwyer, and T. Palmer were fined 40s. each for non-attendance as jurors, unless cause is shown before next sittings. In the last case the fine not to be enforced, as the juror was absent on General Government service. robber* from a dwelling. Robert Prpudfoot was charged with stealing 12 bott .les of gin and 235, in money, on December 15th last, the property of his employer, Join JeflHo., fiaiTui/ Wand. He pleaded not guilty. 'is*** -iS:

The following j ury were then empanelled to try the case:—Messrs. Geo. Henderson (foreman), A. Cameron, A. Dobson, Chas. Puikiss, T. Lamb, A. M‘Callum, E. Stratford, N. T. Prichard, J. Kennedy, William Simmonds, E. Eobinson, and H. G. Clarke. Mr. Nelson, for the prisoner, raised a technical objection, which was over-ruled by the Judge. Mr. Moffitt, Crown Prosecutor, stated the case against the prisoner, the particulars of which will be fresh in the recollection of our readers. He urged that the jury should dismiss from their minds what had appeared in the public prints; and referring to the civil action brought in the Eesident Magistrate’s Court by the complainant, said it was done in ignorance. He then called John Jeffries, who deposed that he was the keeper of the Accommodation House, Manuka Island. On the 15th December, the prisoner was in his employ as a domestic servant. Complainant left home on that day, leaving two cases of gin—of these, one had been opened and contained fifteen bottles, 2 were entrusted to the prisoner, leaving 13 nailed up in the case in the storeroom. He further left a cash-box in his care, containing 38s. 4d., which he told him was for the purpose of giving change, and the gin was to supply travellers. He gave no instructions relative to the case which was nailed up, nor did he lock the room up. There was no bar, but the room adjoining the store-room was used for the purpose. Ball and Minchin were also left in the house. Eeturning on the 20th, he met Minchin at the door, and five minutes after went and heard prisoner saying he “ would shoot the b as soon as he entered.” After pausing a few seconds he went in, and found prisoner half asleep and drunk by the kitchen fire, with a double-barreled gun beside him. Complainant took possession of the gun, and removed the caps from it. Prisoner tried to wrench it from him again, saying he was in charge of the place, and would not give it up to anyone. Immediately after this, he discovered that eight bottles were missing, four bottles being left; he nailed it up again, and next morning missed two more. On asking prisoner who broke open the case, he said Minchin. He replied that he did not think Minchin would do anything of the kind, and he then acknowledged he had done it himself, and said he would pay for it. On going to the till he turned the key and retained it, without counting the contents, until four days after, when he found 235. short. Prisoner had then left. He afterwards sued him for his wages, and the missing gin and money was put in as a setoff, which was disallowed. He sent to Sergeant Emerson. [The Judge ruled that the question was unnecessary.) Since then found an empty bottle, and one containing half-a-pint in a briar bush. By Mr. Nelson : Neither Ball nor Minchin are present. I engaged the prisoner eight or nine weeks, or two months before the occurrence. He was not engaged to take charge of the Accommodation House. I was in charge of it myself, but not when I went away. Had sometimes left Minchin in charge, but never discharged him for drinking the spirits left with him. "Would not say he was a steady man, but thought prisoner the steadier of the two, and more trustworthy. Left the cases to take charge of themselves. Ball stayed in the house also ; he was not a very steady man ; don’t know that he was very unsteady, nor was he drunk whenever he could get it. Had offered him drink, and he had refused it. Would not swear that he was an unsteady man. He [would take spirits to a large extent sometimes, and at others would not I take them. He is not teaching my children at present; he is visiting at Awatere. He has not paid me any money this year for drink; he slept in a room adjoining the store-room—a mud wall two feet thick dividing the rooms. Two men slept in the store-room, Proudfoot and Minchin. There was a lock on the door, but did not lock it, or direct prisoner to do so. Upon taking out the bottles, nailed it down stronger than before, and made it safe. It was for the refreshment of travellers when I was at home, but left no instructions about it with Proudfoot. While Minchin was in charge he frequently took drink, and charged himself with it in the books. Did not part with him on that account; he asked to leave. Don’t think he gave Ball any in the same way; there is no entry against Ball in the books. I looked at them a fortnight ago. I cannot write, but can read. Not writing, I looked to see if there was anything. Minchin told me there was no entry against Ball. Ball is not here. Don’t know whether they took any drink. Did hear that there was a bottle found in the room where, Ball slept. He was not drunk, but he was well on. Don’t know that he was a poet. [Thejudghanterrupteid the'.counsel, who feplied;\“ it’ftnotcf-’ ribus,(your Honor.”! - Saw who

didn’t speak as if he had been drinking. Prisoner was very bad; he could scarcely stand. I was present in Court when he gave tae credit for 25 glasses of gin ; think it took more than that to make him so badly drunk. I think I was in a fit state to judge; was not drunk myself. Am a special constable ; did not get tight in Blenheim before I went home. Do not remember having to make an apology. Do not know the meaning of the word tight; was not drunk; called and fed my horses at all the publichouses, but only drank myself at some places. Told prisoner how much money there was when I left; did not lock it; it was sometimes locked, the key being left in. The 38s. 4d. had accumulated in the box ; an account was kept by Proudfoot of the money taken “ on the tip of his tongue,” and it was put in a separate part of the till. Minchin kept my books, if anyone did not pay. Did not pay Ball any salary, because lie never asked for any. Did not look at the cash-box, but locked it up after missing the gin. Spoke to the prisoner about it that night. Put the key in my pocket, but did not look before four days after ; it never struck me to count it before he left; believed him an honest man. I discharged him and arrested him. I led him to believe while I sent a message down to Blenheim ; detained him by telling him I could not settle with him till a message came from Blenheim. Had sent down to lay a criminal information against him, and yet had not looked in the cash-box. There were three men passed while I was away. I met them on the road; one was the census man. They said they had called at my place. There was no one there when I got home. Henry Evans, the last witness, deposed that he had not been drinking that morning; but had been travelling all night. He had great difficulty in crossing the Waihopai but had nothing since leaving Gee’s, 30 miles distant. Was formerly a bullock driver for complainant"'“now He was in TrobMyV employ. Recollected December 22nd, was in Jeffries’ employ. Came from Blenheim. Jthat day with the drasT*On gettmg home, found Balh,'’Proudfoot, and Minchin all the worse for drink. Prisoner brought me in a glass of gin, and told me be had got it from Ball’s room —that was the traveller’s room. Ball had no room else. I said it was just the thing I wanted. Complainant directed me to go to Blenheim. This closed the case for the prosecutor. Mr. Nelson thought the case required little trouble to decide it. Jeffries left home, leaving two bottles of gin, and two cases in the room occupied by Ball, Minchin, and prisoner in company. He also left the cash-box, but never thought it necessary to count the money until the prisoner had left. Had Jeffries brought the other two forward, evidence might have been given to show what had been done with the gin. He had them present in the trial below, but was afraid to call them. The prisoner accounted for the two bottles given to him; why was Minchin, who kept the books, not called, and Mr. Jeffries’ schoolmaster as well. The room was occupied by the three in common, and not in the care of the prisoner, more than the rest. Mr. Moffitt, in reply, confessed the case was not very clear, but as the box had been broken open, if the prisoner partook with others, he was liable for the whole. It was quite feasible to suppose that the others joined at it, but the prisoner knew he had no right to take it. Had Ball and Minchin been present in Court it would not have assisted in the case. His Honor observed that it was difficult to say, after the evidence, that the prisoner had been guilty of the larceny charged. Of gross negligence he had been undoubtedly guilty; and for this he was liable in a civil : action, but not criminally. The goods and money had been left in his charge, and he was responsible for them to his employer ; but it was not shown that he had stolen them; though others might have been enabled to do so through his negligence. The principal' point against him was the breaking open of the case of gin, which it i appeared that he admitted. But he might have done this simply in order to supply travellers; and it was not shown that any directions in respect of this case of spirits had been given to him. In fact; the chief thing that appeared from the evidence was, that intoxication was. the normal state of the whole party at this Accommodation ; House,—of Ball, of Minchin, and . of the prisoner. Even the witness Evans appeared to have imbibed a considerable amount of moisture in crossing the 'Waihopai river. However, it was for the Jury to say whether theprisoner had abstracted the spirits and the cash : with the view of defrauding his employer of them, or, whether he had been guilty of gross negligence. If tb®, former, they would find him guilty;- if After a retirement of a few minutes, the

Jury returned a verdict of Not Guilty. The Judge ordered the prisoner to be discharged, telling him he had a narrow escape. Had the evidence been the same as given in the Court below, he might have had to charge the jury differently. A DIRTY VAGABOND. George Morissey was severally charged, that on the 7th February last he stole a rug and blankets, the property of Mr. G. Martello ; a coat, the property of Dr. Tripe ; and a coat, the property of Mr. Nepean Kenny ; to all of which offences he pleaded guilty. The prisoner was further charged, that on the Bth February he committed an unlawful assault upon Mrs. Jane De Eussett, to which he pleaded not guilty. Jane De Eussett deposed that she was the wife of Alfred De Eussett, and resides at Ngakuta. On the Bth February last, about 12 o’clock at noon, she was in her own house and alone, when the prisoner came up and requested some refreshment, which she gave him; after which he went away, leaving his swag behind him. He returned again in about half-an-hour, saying he had left his pipe. When he came in, complainant went to pick up her child off the sofa, when he caught hold of her round the waist; he then took up the tomahawk and chased her round the place, saying three or four times he would murder her. [A portion of this evidence was unfit for publication, and we omit it.] He chased her on to the verandah, making improper proposals, which she rejected; whereupon he swore, “By God ! he would.” He also promised money. The terrified woman ran down the paddock to the front gate, chased by the prisoner with the tomahawk. She told him her husband was at the back, but he replied he “ didn’t care a d for that; he’d let him have the tomahawk too.” She saw the handle of it as he sat; he put his hand to it. He took her husband’s pipe from the mantlepiece. The pipe produced by Sergeant Adams was then identified by the witness.

By the prisoner : You said you came for your pipe; you did take further liberties with me beyond putting your arm round my waist. John Murdoch, a storeman living in Picton, deposed that he was at Hgakuta on February 8, when he was coming from the Grove to Picton, Upon nearing the place he heard the last witness screaming, and on coming nearer saw her running towards the creek. He called to know what was the matter, but she did not seem to know him at first. She told him what had occurred. The prisoner was then at the house, and came towards them. He said he went in to light his pipe, and that the woman then ran out screaming that he was going to murder her. Witness called her husband and then left.

By Prisoner : You made a sign to me to come towards the house ; you came towards me afterwards saying you went in to light your pipe. I did not see a tomahawk; you could not have got away without my seeing you; I should have recognised you ; you could not have helped passing me ; you stood a minute or two.

Montague B. Adams, deposed that he was a Police Sergeant, at Picton, and from information received he arrested the prisoner at the Ifejtuaa H' l ' Ypr - He duly cautioned him that any statement he made would be taken in evidence, and told him for what he was arrested, it was solely in reference to this charge. Prisoner said ho had made use of immoral language. The things produced were found upon him. Witness was present at his examination, and heard him admit that he called at the house, and used immoral language. The Prisoner, in answer to the charge, said he had been honestly employed by Mr Ward, but had been drinking. He left the jury to judge whether he was guilty or not. He came up to the only witness in the. case, and told him the woman was frightened, when he could have avoided him. He had written to Mr. George Ward, from Picton Gaol, but had got no answer. His Honor said that if they believed the witness, the case need not detain them long. The only point of the complainant’s evidence likely to be exaggerated was relative to the tomahawk. He did not, however, see any reason for doubting the evidence. The Jury without retiring found the prii soner Guilty. j The Judge, in passing sentence upon the 'prisoner, said he had pleaded guilty to three several felonies; the amount stolen was not very large, but he seemetPto have made a regular foray round the country. He had been found guilty of an assault of a base and ruffianly character, and attempting to steal that which was the greatest value a woman could possess—her reputation. The sentence would be for the assault, two years penal servitude, and for the other offences three years running concurrently; and he : might rely ! upon it, that if he wa* ever

again brought before a Jury in this colony, the sentence he would then receive would he a very different one. The Jury were then discharged by his Honor, who thanked them for their services.