SUPREME COURT.

Nelson Evening Mail, Volume IV, Issue 50, 2 March 1869, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. [Before his Honor Mr. Justice Richmond } Yesteri>at. FELONY. Jacob Heberly was charged with stealing £40, the property of John Macallum, from the house of Alex. S. Duncan> of the Grove. Mr H. Adams appeared for the prosecution, and Mr Combe for the prisoner. John Macallum sworn: I work at Mr Duncan's sawmills at the Grove. The prisoner was at work there on 9th January last. I went to Picton on the afternoon of that day. I left £40 in the house, and took £10 with me. There were six £5 notes, eight sovereigns and four half-sovereigns. In one of the notes there had been a hole, and a piece of paper was pasted at the back. The money was tied up in a pocket-handkerchief and placed in my bunk under the pillow. Prisoner saw me take the money out of the handkerchief. I returned the next evening, and at once missed the money. I told the prisoner, and he said everything in the house had been turned upside down. I communicated with the police on the 12th January. Cross-examined by Mr Combe: Prisoner told me the morning after the robbery that he had lost some gunpowder. By the Court : The house I was living in belonged to Mr Duncan. There were three of us living there and each had a separate apartment. James Gresham : lam a, con stable at Picton. Prisoner came to me on 11th January, and in- . formed me that his mate Macallum had had some money stolen from him at the Grove, and that he (prisoner) had lost some gunpowder. He applied for a search warrant against a man named Ames. In the coarse of con- j versation I asked him if he hid any money of his own, he said he had about £2. Macallum came to me the following day and laid an information. I arrested prisoner on the sth February at Liardet's Hotel, Picton. I handcuffed him and on leaving the hotel he put his hand to his breast pocket and took something out. I caught his j hand and asked him to let me see what he had there. He refused and struggled, when I had to ' throw him down. I took him to the lockup and found one or two shillings on him. ' Some tima after, three £5 notes were given me by the landlord of the hotel. Cross-examined: I found nothing in his hand after struggling with him, but I presume he had dropped what he had. I did not go to search the premises at the Grove. Daniel Harfield : lam barman at Liardet's Hotel. I was not at home the evening prisoner was arrested. On the following morning I picked up three £5 notes in front of the house, they were twisted up and very dirty. Mr Hull was passing at the time and he opened them in my presence. I gave them to Mr Liardet who took them to the police. Isabella Gilchrist ; lam a storekeeper residing at Picton. Prisoner came to me early in last U'onth. He bought two pounds of apples and gave me a£s note in payment. It was a dirty looking note with a hole in it. I gate him in change four notes and a half sovereign, and the rest in si'ver. William Overend; lama publican living in Picton. Prisoner j-aid me some money just previous to Irs being arrested, he gave me a £5 note and a sovereign. The money was due to me by prisoner's father, but prisoner had never agreed to pay me. Frederick Suisted: Hive at the Grove. Prisoner had some goods from me on either the 16th or 23rd January. He paid me a sovereign and a half sovereign. Charles John Owen : lam an assitant in Galloway's store at Picton. I sold prisoner some goods about a fortnight before he was arrested. He gave me a half sovereign in payment. He afterwards came again and bought some other things to the amount of £2 12s. 6d. He gave a one pound note, two half-sovereigns, and the rest in silver. William Forrest : lam a storekeer at Mahakipawa. Prisoner came to me on the 19th January, and bought goods to the amount of 235., he paid a sovereign and left the balance. Alfred Card : lama printer at Picton. Prisoner paid me three sovereigns on the 251h January, for goods he purchased. Alexander S. Duncan: I am a saw-miller at the Grove. Prisoner was at work for me for about eight months. I had not paid him in that time more than £6 in cash, he had drawn his wages in orders and goods. This closed the case for the prosecution. The jury having retired for a few minutes returned a verdict of guilty, and prisoner was sentenced to twelvemonths imprisonment with hard labor in Picton Gaol. Robert Chapman found guilty of embezzlement, was sentenced to three months hard labor. Samuel Morrison for stealing a watch, and other articles from James Deblois, of Motueka, was sentenced to two years imprisonment? with hard labor. This closed the criminal sittings, the civil cases are to be heard on Monday next.