LAW INTELLIGENCE.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 16, 23 September 1842, Page 2

LAW INTELLIGENCE.

IN THE COUNTY COURT. (Criminal side.) Before His Honor Mr. Justice Halswell. September 20, 1842.

Mary Ann Bradshaw was indicted for stealing three five-pound notes and a one-pound note, of the value of ,£16.; one china inkstand, value 55.; one wooden ditto, value 25.; and a quantity of sugar, the property of George Scott. Burgess Sayer. —l am chief constable of Wellington, I remember searching the prisoner’s box and bundle at the house of the prosecutor, George Scott. I saw the prisoner. Mr. Scott said, now Mary, these gentlemen have come to search your box, bring all your things into the front room. She said, “very well.’ Mr. Scott said, are these all the things ? and she said Yes; he said there are more up there, pointing up to a shelf. She said,. I’ll get them down. She got upon a box and took them off the shelf. As she was opening a box and putting them down, something fell; she was very much agitated. Mr. Scott said, I see it, but she said, Oh, it is nothing, and pulled Mr. Scott back. I told Futter, the other constable, to keep her back, and Mr. Scott picked up the paper, and before he had time to open it, she said, Oh, they are my notes. On opening them, we found three five-pound notes and one one-pound note. Those are the notes now produced which we found, they are marked by myself and Mr. Scott. Mr. Scott said, these are my notes, and are just what I wanted to find. She said, she hoped Mr. Scott would forgive her, and she would not do the like any more. There was no inducement held out to her to make that observation. I then searched a large bundle; we found some small pieces of ribbon and silk tied up, and about six or seven pounds of sugar, in a towel, tied up as at present produced. We then searched a large box belonging to the prisoner, in which were found two inkstands, now produced. Mr. Scott said, Now Mary, are these not my property ? and she made no answer. By the Court.—The articles in the bundle and in the small box were accessible to any one. There was no concealment. She was in the kitchen when we arrived. There was no one close to them at the time; it might have, been that they were placed there by some one else. George Scott. —l am a carpenter, in Willis Street. I know the prisoner at the bar, she lived with me formerly as servant. She had been in my servive between the 28th of March and the 19tli of August, during which time I missed money. The first time I missed any was about six or seven weeks before this happened, on a Saturday night, when I had to pay money away, I thought there was a £5. note short. I had to balance my cash; and could not by five pounds. I was paying away a good.deal of money during the week. I thought, probably, I had paid it away and could not recollect to whom. At first I kept my money in a drawer or a small bag amongst linen and other things, it was put underneath, so that no person could have found it unless they had ransacked the drawer. After I missed the first £5. 1 took the bag away and locked it up in a box in the front room. About three weeks after that I missed a second £5. note. I missed it in the same way, on paying away my money on the Saturday night. I had occasion to pay away one one-pound note about a week before, the 19th of August, I went to the box where I left the bag, and unlocked it. There were three or four £ 5. notes. I took one out and changed it, replacing the four j-emaining £l. notes in the bag with the three fives, and locked the box. On the following day I went to the bag and found one £5. and one £l. missing. In consequence of something I had heard I obtained a search warrant, and accompanied the constable with it. I saw the prisoner. It was in the evening. The constables were in the kitchen—l said to the prisoner, Mary, the constables are come to search your things. She brought out a large box and some bundles—and on a shelf in the kitchen was another bundle. Whilst she was reaching down the bundle from the shelf I saw something drop. I said, Mary, what is that which has dropped down ? she said, Nothing, there was nothing dropped. I said, 1 know better, you come out of the way. (It was up in a corner). She said, No, I will get it; but, as she was so very anxious to get it, I took hold of her arms, and the constable held her whilst I picked up the small parcel and opened it, and found three £5. notes, and one £l. note. The prisoner said, that is my money, as soon as I had opened the parcel. She said, she was a good many years in service in England. The constable said, No doubt she had got New Zealand notes in England. He then searched her parcels, in one of which was some sugar tied up in a cloth. The two inkstands now produced, we found amongst the prisoner’s things, and are my property. The sugar produced is like the sugar I had in my possession—l produce a sample of the sugar in my store-room, which is similar to that found in the prisoner’s possession. The box, in which the bag of money was kept, was always locked. The key was kept either by Mrs. Scott or myself. I have since discovered that the key of a small press in the same room would open that box. The key of this press was always left in the lock, and the prisoner had access to the room.

By the Court. —The prisoner could see that the paper contained money, when she said, That is my money. I examined the money when I found it. I had no marks upon the notes. Persons were living in the house at the time. The prisoner has received no wages since she has been in my employ. Here closed the case for the prosecution. The prisoner was not defended by counsel, and made no defence. Henry Chapman. —l am a mason and sawyer. About six months since, I arrived here in the Birman. lam married, but have no family. I have been in constant work since I came to the colony. I worked for Mr. Bowler for the first three months, since which I have worked on my own hands. The prisoner came out in the same ship as I did, and was always very civil. She was ready and willing to do good to any one. I never heard any harm of her. She was a-servant; her husband was on board.

Elizabeth Buck. —l am wife to Henry Buck, a smith, in work. I came out in the same ship with the prisoner, she was matron to the hospital, and I never heard any thing against her. • Robert Startup , labourer, in work at the Clydeside. I came out in the same ship with the prisoner; since I have known her, I have never heard any thing against her character for honesty.

Verdict Guilty. —Sentenced to three months confinement under the custody of the Sheriff, with hard labour, and one week’s solitary confinement in 4ach month. Epward Thomas Fox stood indicted for an assault with intent to commit a rape on the body of Sarah Ward and also with a common assault.

Sarah Ward. —I am the wife of James Ward, &c. The greater part of the evidence given by the prosecutriv is unfit for publication. She stated the assault, to have been committed in the house of Captain-Cole, : in Duppa’s Bay. The depositions taken before the Police Magistrate, on the 15th, 17th, and 19th August last, were then read by the clerk of the Bench, and the prosecutrix was cross-examined at some length by Dr. Evans. She strongly denied that she had ever received money from different parties to compromise charges of a similar nature to the present.

Major Durie. —lam a storekeeper. 1 know Mrs. Ward, the wife of Janffes Ward. We came out in the same ship together. I cannot say any thing in her favor. I know a young man named Thomas. I remember a dispute between him and James Ward. He' and his wife endeavoured to establish a claim against .the firm of Durie and Miller, amounting, to .five pounds/ •on behalf of Mr. Thomas Ward, which was brought forward in the Court of Requests, and given against Mrs. Ward. I do not certainly believe her to be a woman of virtuous character. I cannot say notoriously so. The general expression of- the public opinion is, that her morals are rather loose.

Cross-examined.—l have heard Peter King say so, I have had no occular demonstration.

Henry Cole. —l was seventeen years in the service of the Honorable the East India Company. I passed my examination as a commander in the service. I know Mrs. Ward, wife of James Ward. I have known her about three years; came out in the Adelaide. I was living in Mr. Duppa’s house in August last. The prisoner was employed there at the time. I remember Mrs. Ward coming there about the 9th August. She returned after she had gone away. I saw her return. I sent for her back, to have some meat and drink. I. did not go into the room. I thought it sufficient to give her refreshments without waiting upon her. I was in the house the whole time, excepting a minute once or twice to look at a little dog at a short distance from -the house. With the exception of these temporary absences, which did not exceed one minute each, I was in the adjoining room to that in which the offence is stated to have been committed. There is only a thin partition between the rooms, composed of scantling and half-inch board,' and I could hear the rustle of a newspaper, or the mewing of a cat. I heard no scuffle or cries. It was impossible that any thing could have occurred. I saw Mrs! Ward go out. It is my opinion she must have seen me 1 .

The Crown Prosecutor declined to cross-examine this witness, and said he would not offer any more, evidence, but remarked, that had this witness been brought at first . forward, most probably the case would, not have been’ brought into court. The Judge told the Jury that. he. .would not go over the disgusting evidence which they had heard from the prosecutrix ; that of the last witness" must ,be fresh on then* minds, the two statements' were' incompatible, he left them to choose which they would believe/ The Jury immediately returned a verdict of Not,guilty. The Judge remarked, that no. doubt if the last, witness had been introduced before the'Police Magistrate, that gentleman would not have sent the case to a Jury. Perhaps it is as well for all parties that j publicity was given, because it gives the prisoner a better opportunity of defending his character. Dr. Evans, for the defence, said, he had purposely kept back this witness, as he was anxious to 1 put a stop to a system of extortion which had been going'on to a most frightful excess, and most likely the matter would not stop here.