Police Intelligence.

New Zealand Mail, Issue 227, 22 January 1876, Page 8

Police Intelligence.

RESIDENT MAGISTRATE’S COURT. Monday, January 17. (Before J. C. Crawford, Esq., R.M.) ALLEGED LARCENY. Wm. Donald was charged with that he did, at Wellington, on the 13th day of January, 1876, from the person of Edward Bowes Scott, feloniously steal, take, and carry away one bank-note, for the payment and of the value of £lO, the money of the said Edward Bowes Scott, contrary to the form of the statute in such case made and provided. Mr. Buckley appeared to conduct the defence.

Prosecutor asked for an adjournment as he had not been able to retain a solicitor.

Mr. Buckley objected to any adjournment, and the Bench decided that the prosecutor had had quite sufficient time to arrange such a matter, seeing that the information was laid on Friday. The case was therefore proceeded with, Mr. Scott conducting his own case. Edward Bowes Scott, being sworn, deposed: I am a gentleman, living in Wellington. I know the prisoner. I was in his company on Wednesday last. He came tip to my house to see me. He intimated that he should come to see me, saying that he desired to settle about a sum of £5 which he acknowledged he had swindled me out of at the races. He said he would pay the sum in weekly instalments. From my house Donald and I went to the cricket ground; that was in the afternoon. Another man accompanied us, but to me he was a stranger. We remained there for two hours. Went from there to Valentine’s Hotel, and had drinks. While there Donald took out a raffle paper and asked me to take a chance in a raffle for a boat. I took two chances. We then went down to look at the boat and have a pull. We had plenty of drinks, you must know, and I paid for all except one. We went on board the Pleiades, and remained there about an hour; the stranger accompanied us. Having returned, we had more drinks in a publichouse, and then went to the theatre. From the theatre we went to Coker’s new hotel, and from there to the Post-office Hotel, where we played billiards. Donald offered to play me for £5. I accepted the challenge, and placed a £lO note in the marker’s hands, but Donald said he could not cover that amount, and offered to play me for half-a-crown. I then put the £lO note in the side pocket of my coat. We then went outside, and I gave a man called Terry £1 to take me home. I was not what you would call drunk, since I could keep my legs ; but I was hazy. Terry put his arm in mine, and Donald followed, taking my unoccupied arm. We stopped for the last time at the Commercial Hotel, opposite the Empire. From there we went up the street, and they took me into a place in Hainingstreet. We were received there by a woman Mary Beresford. We went inside, and I sat clown in a chair. I went into a bedroom and laid down. I was very weak and could not rise, but I had my eyes open, and was conscious of all that was going on. Donald followed me into the room. The girl said, “ Take his boots off; he’s soiling the counterpane.” Donald said, Hang his boots; let’s get his coat off.” The girl turned round to speak to Terry, and Donald then pulled my coat off. He put his hand into the" side pocket of my coat, and took from it the note for £lO, which he put in his pocket, afterwards throwing the coat down on the ground. I tried, to speak and get up, but could not do so. I have often been like that before. Then I heard the door close, and I dropped off to sleep. The next morning, on putting on my coat. I said to the girl, “Donald has got my note.” In consequence of this, I laid the information on Friday.

By Mr. Buckley : I was hazy. I began to get hazy when we came down town after playing cricket. I cannot say how many drinks I had up to that. lam sorry to say I have been spreeing a little since I have been here. On Wednesday I first met Mr. Donald, outside the fence of my house. The house is kept by Mrs. Napp. Mr. Sheppard was not with Mr. Donald when I met him. He might have been waiting about the Armed Constabulary Barracks, but I did not see him. While on the ship Pleiades, a man came up to me and said, “ I know you, Scott. You had better clear out.” He said he was present when I was court-martialed on board the Royal Adelaid at Plymouth. He did not say what I was charged with before the court-martial, at least I did not hear him. I did say that he was a liar, and that I would hammer him. He did not say that I was charged with forging the names of six midshipmen on board the Phoebe, and that I forged his amongst them. I did not hear him say so, nor did he say that I was court-martialed for that offence. He did not say to me “You ought to be ashamed to come on board a ship where I am.” I did not say to him, “Look here, Boscoigne, I was not tried by court martial, because I cleared out before they could find me; and if you refer to the naval list, you will see my name recorded as, ‘ whereabouts unknown.’ ” I certainly offered to bet that his statement was untrue.

Mr. Buckley: You just now said you did not hear the charge he made against you. If so, what could induce you to tell him that he was a liar ?

Witness : I spoke with reference to the court - martial. I offered to bet him all I was worth that I was not tried by court-martial. I was a midshipman on board the Phcebe. I left her because I was recommended to do so. A slight delay occurred at this stage, as a difference of opinion existed between the witness and Mr. Buckley as to the latter’s right in demanding certain evidence. Witness ob-. jected to saying by whom or why he was recommended to leave the service. Mr. Buckley appealed to the Court.

His Worship informed the prisoner that he must answer the question, unless it would tend to criminate him.

Witness: I decline to say why I left. Mr. Buckley: Who x'ecommended you to leave ?

Witness : My father. Mr. Buckley : Why? Witness : That I do not choose to tell, nor can you make me.

His Worship : But I can. I may commit you for contempt. Witness: Well, we will say it was for something that might criminate me. It is untrue that I admitted to Donald and Sheppard on coming from the Pleiades that I had forged the signatures of the six midshipmen. I did not take the £lO note out of my pocket atthe Commercial Hotel.

Mary Beresford was called to give evidence for the prosecutor. She deposed : I am a married woman. My husband is in Melbourne.. I live in Haining-street. I remember Wednesday last. Mr. Donald, Mr. Scott, and a stranger came into my house between 12 and 1 o’clock on Wednesday night or Thursday morning. Mr. Scott went to lie down, and Donald took his coat off and threw it down. I saw him take it off, but did not see him put his hand into the pocket. I heard nothing of the note being missing till next morning, when Scott said Donald had taken it.

Jonas Beck was called to give evidence that Donald was at a ball at the Odd Fellows’ Hall the night after with money on his person ; but all that could be elicited from this witness was that he had seen Donald there for half an hour, but did not see him spend any money. This closed the case for the prosecution. Mr. Buckley : Perhaps the Bench might consider it unnecessary to call any evidence forthe defence ; but the charge was of such a grave nature, yet so utterly absurd and unfounded, that he deemed it due to his client to bring witnesses who would be prepared to show that the prosecutor bore a very bad character. John Terry, seaman, attached to the schooner Owake, deposed that he met Donald on Wednesday at the Post-office Hotel, about half-past 11 o’clock. Was in the bar having a glass of ale preparatory to going on board his vessel, and heai'd a gentleman tell the barmaid not to give Scott any more to drink, as he had had quite enough already. Witness knew Scott as a passenger on board the ship Howrah. He was pretty well elevated on Wednesday night. They had some difficulty in taking him home. As a matter of fact witness did not take him home, as he did not know where they were going to. At the Commercial Hotel Scott did pull out a £lO note, which the barmaid refused to take and he put it in his right-hand trousers pocket—not in his coat pocket. When they arrived at the house Scott and Donald went inside while witness went for a candle, which he failed to get at the house to which he had been directed ; and when he came back lie went out again with Donald, and they succeeded in getting a piece of candle ; but" Donald did not again go inside the house. Scott gave me £1 to take him home. Hugh Boscoigne deposed : I am third officer- 3 of the Pleiades. I was a lieutenant in the Royal Navy, and have a pension. I *an identify Scott as having been a midshipman on board the man-of-war PhoebeI was a midshipman on board that vessel at the same time. I recollect seeing him on board the Pleiades on Wednesday last. I was indignant at seeing him. I went up to him and said, “ I think you are Mr. Scott ; if I were you I should clear out of the ship.” He asked me who I was. I said my name wasBascoigne, and asked him if he remembered me. I forget whether he replied, but I then asked him whether he remembered the courtmartial on board the Royal Adelaide. I said, “You forged myname and those of five others.” Having said this I passed from the poop to the main deck. All that I said about Scott can be substantiated. He was tried in Japan, and was taken Home in the flagship. But before that he was in our ship, the Phcebe, in irons. He was chained down to the ring-bolt every morning. He was tried on board the Royal Adelaide, but in consideration of the services of his father, Admiral Scott, the higher offences was ovei'looked, and he was simply charged with conduct unbecoming an officer and a gentleman. He disappeared after the trial. Scott followed me to the lower deck, and there called me a liar, and afterwards offered to bet that he had not been tried by court-martial. I said it could be proved. There was a gentleman (a passenger) on board who had gone to school with-. Scott, who, he said, had been dismissed the school.

Arthur Capel Sheppard corroborated the statements of the last speaker as to what had occurred on board the Pleiades, and said that when they reached the shore he left Scott’scompany. Mr. Scott (to witness): Why did not Donald leave my company then. Mr. Sheppard : I cannot answer for Mr.. Donald. But I declined to know you longer, because I have a weakness for the company of gentlemen, and do not care to mix with blackguards. Mr. Buckley briefly summed up the various points in evidence, and characterised the case as the most trumpery that he had seen come before a court of -justice. He drew particularattention to the fact of Terry’s swearing that prosecutor presented the note at the Commercial Hotel, and that he put it in his trousers pocket, whereas prosecutor swore that he had the note in his coat pocket till he arrived at Mrs. Beresford’s house. He then drew the attention of the Bench to the 1 1 th section of the Justices of the Peace Act, and asked that costs might be awarded. His Worship, in dismissing Mr. Donald, said: I have no hesitation in saying that there is no case of larceny whatever-against the prisoner ; but I think he deserves, in a certain measure, the inconvenience he has been put to for having remained in the company of a man that bore so bad a character.