COUNTY COURT, JULY 18, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 103, 25 July 1843, Page 3

COUNTY COURT, JULY 18, 1843.

Before His Honor E. S. Halswell, Esq., Judge. Mary Storey was indicted" for stealing on the 17th June last, one box and two one-pound notes, and sundry current coins of the value of twelve shillings, or thereabouts, the property of Jane Edwards.—Mr. Ross appeared for the prisoner! Jane Ediuards —l am a widow, and reside at Pipetea; I know the prisoner at the bar; I remember the prisoner coming to my house on the 17th of June; she asked me if she might come in and warm herself; I asked her how long shs would stay ; she said she would remain half an hour; "she might have stopped longer ; I had occasion to go" out to buy some nails ; I might have been absent ten minutes,; I left her lying before the fire, and thinking her asleep, I covered her over with my shawl, the same I-have now on, and I found her in the same position when I returned ; I went out afterwards to fetch a shawl from the line, and was not out five minutes; I afterwards missed a box; the box produced is the one I lost; the prisoner had not then left the house ; the box contained two one-pound notes ; one was a new note, and on<i had a hole in it; there was also one half-crown, two fourpenny pieces, and eight or ten shillings; the box was on a table in the bed-room adjoining that in which the prisoner was lying ; whilst the prisoner was there, I took this box out of a bigger box, and took a shilling out to give to a boy who brought a chair home ; 1 pud this box into a basket; I had occasion to go to the box again whilst the prisoner was there; and- took out a penny to give the same boy to fetch some pins ; I then left the box upon the table ; before this I went to get the nails ; afterwards the baker called, and I went to get a shilling to pay for some bread, and I found the box was gone; I went bustling about the house to find the box, and the prisoner woke up; I suspected that she had taken the box, and I asked her to go to Mrs. Munn’s, and get half a pint of gin, but I gave her no money ; I did this to gain time ; she went and brought back the gin ; whilst she was gone for the gin I made a complaint to a constable who lived about ten yards from ipy house; I did not see the box again until it was produced before the police magistrate ; the box now in Court I am positive is my box. Cross-examined by Mr. Ross—l said 1 was a widow; my husband died in the Colony about a year ago ; I got my living by washing and sewing ; the prisoner lives about twenty yards from my house ; I never saw the prisoner before I went to live in my present home, which was about three months ago ; I have seen her here nearly

every day; I quarrelled with her sometimes, not often ; I never had any ill will towards the woman ; I might have quarrelled with her three times in my life ; she came on the day in question about half-past four in the afternoon to warm herself, arid lay down before the fire ; I never quarrelled with the prisoner’s husband; he never complained to me of gin-drinking in my house ; he never took his wife out of my house; when I went to look for my box the third time, the prisoner was still in the same position as far as I know, her husband is more out of his house than in it; he goes out to work; whilst the prisoner was gone for the gin, I went to find Nichols the constable ; he lives about ten yards from my house; I wanted him to search the prisoner ; I afterwards saw the chief constable, Burgess Sayer ; he came in about half an hour to my house. By the Court—l am quite certain that the box, with its contents, was safe in my possession previous to the prisoners coming to'my house ;it was not till after I gave the boy the penny to buy some pins that I went out to fetch in a shawl from the line, and then I left the box on the table; no one could have entered the house whilst 1 was getting my shawl from the line without my seeing it. By the Jury—The prisoner did not appear exactly sober*'; I expected to be insulted; I let her leave the house, because I did not wish to offend her.

Sarah Munn called, but did not answer. Burgess Sayer —l am chief constable; in consequence of information 1 received, I went to the prisoner’s house, and left the man Nichols outside, to see that nothing was brought out; I then went to the house of the last witness, and returned to the house of the prisoner ; I told her she was charged with stealing a box containing money ; she said she had no box, and I was welcome to search the house ; after searching two boxes, I went to the bed ; the prisoner preceded nie, and took the bolster off, and said I might search the bed ; I heard something rattle in the bolster, and I took it out of her hand ; the bolster was tied at the end with a piece of tape.; I examined it, and found the box now produced in the inside ; it is the same; I marked it; 1 gave the box into the hands of the gaoler ; there was nothing in the box at the time ; the prisoner said, this box is mine ; why can I not procure a box like the one the prosecutrix has lost in the same way she has got hers ?

By the Court—When I said, there was nothing in the box when I found it, I meant no money; the things, the tapes, and threads, &«., were in it, as it is at present.

Mr. Ross declined asking this witness any questions. By the Jury—The box is the first I ever saw of the kind here ; it is made of inlaid colored straw ; I do not think they are commonly sold here; lam sure this is the same box ; I marked it at the bottom. Janet Munn —l am the wife of Daniel Munn, publican, Pipetea ; the prisoner at the bar came to my house one Saturday evening, about a month ago ; I cannot recollect exactly the day of the month ; the prisoner came for half a pint of gin, and paid for it in silver ; my sister served her, but I saw the prisoner pay for it; t>he offered to deposit two one-pound notes with me to pay some woman with she took them from her pocket, and from what she said, she supposed there was only one note ; as I owed no woirian any money, I declined to take thein. “ Cross-examined by Mr. Ross—She often came to my house, and always had money to pay for what she wanted; I cannot say whether she was sober or not.

By the Court—Did you observe any thing particular about either of the notes ? No, they were not in my hand a minute ; I did not take particular notice.

Mrs. Edwards recalled by the Jury, who examined her at some length—The witness stated, I am positive this is my box. Mr. Greenwood , one of the jury—-Are there any particular marks about the box ? Witness —Yes, lam positive this is my box ; the glass inside was broken when I bought it, as it is at present, if you look inside ; the keyhole is broken ; also one of the hinges, which was done whilst in my possession ; I am quite sure this is my box. Mr. Greemvood —Where did you buy it ? Witness —I gave ten shillings for it; I bought it of a stranger. The Crown Prosecutor addressed the jury upon the evidence.

Mr'. Ross, in- a" lengthened defence, stated that the parties were upon bad terms, and there was a great probability, from the character of the parties, that the box had been placed in the prisoner's house. The Learned Judge summed up very minutely'; commenting upon the evidence seriatim, he said “ You will be careful, gentlemen, not to confound what is merely statements of counsel with what is direct evidence. There was nothing whatever to affect the character of the prosecutrix or to impune her evidence; it was clear and consistent. The box containing the money was safe previous to the prisoner’s coming into the house—it was safe during a great part of the time she was there ; it was missed after it had been placed in an exposed situation ; it was removed during the shoit interval of the second absence of the prosecutrix, who accounts to you for not accusing her of robbery, fearing to be insulted; lastly, it is found in her possession concealed. There was no evidence of malice; on the contrary, if the witness Edwards was tobe believed, the prisonerhad been treated with double kindness, for you find that she was covered over by the prosecutrix with her shawl-as she lay before the fire ; I do not see anything remarkable in neighbours quarrelling ; it ia constantly- the case, sometimes about waterbiits, sometimes slapping children. Idle gossiping, and such-like trivial matters are the causes ot squabbles amongst women ; and the utmost you find in this case is that they fell out three times during their acquaintance. 1 see no reason why so grave a charge as that suggested by the learned counsel for the prisoner should be set up. I mention this particularly as one or two of the jury seemed to doubt as to the identity of the box ; you find the witness has described the box minutely and accurately ; nevertheless, if you have any doubt, you will give the prisoner the benefit of that doubt; but it must be a well founded doubt, not arising from any false feeling of pity from any previous acquaintance with the prisoner; you must remember the solemn obligation you have taken, and as you will answer for it on that great day when we shall all meet hcforc the judgment scat of Christ, gentlemen, you will be pleased to consider your verdict. The prisoner called no witnesses to character, and offered no evidence as to her possession of the box found in the bolster. The jury retired, and after three hours absence, returned a verdict of Not Guilty. James Brown— Aged 29, was found guilty of prison breach; he was also indicted for an assault upon the gaoler, of which he was acquitted. It appeared that the prisoner- was tried at the sittings ofthe County Court in November last, and sentenced to two years’ imprisonment With hard labor ; that on tha night of the 10th of January he escaped'with two others, who knocked down the door keeper and got away. The prisoner was recaptured at Auckland on the 20th/ May and sent down to Wellington under a

warrant from Felton Mathew, Esq., Chief Police Magistrate for the colony. The prisoner put in a written defence, stating heescaped to save his life, a 8 he was put into a cell 9 leet by 8, with thirteen other prisoners, that they could not lie down, they had no bedding, and not sufficient clothe.'.-. The jury strongly recommended theprisonsi* to mercy, on account of the state of the gaol. Sentenced to one calendar month’s imprisonment and hard labor, with 130 days additional imprisonment, being the time he was at large. The present sentence to commence at the expiration of the former.