SUPREME COURT SITTINGS. Tuesday, 8th September, 1846. Before Mr. Justice Chapman.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 117, 12 September 1846, Page 2

SUPREME COURT SITTINGS. Tuesday, Bth September, 1846. Before Mr. Justice Chapman.

Civil Sittings. Brandon v. Hanson and Alzdorf. A verdict was taken in this case, by consent for £416 : 1 : 3. with interest on £200, from 20th January, 1842, to 20th January, 1844, at 7J per cent., and interest on the residue from 16th July. 1842, to 16- h July, 1841, at 10 per cent., and interest on the whole .sum, at 10 per cent., from both the above periods.

Criminal Sittings. Grorye Langlandt, Joieph Davit, and Joteph Price, were indicted for stealing twenty sovereigns, and other property, belonging to Junes Greenwood, from his dwelling-house at Port Cooper, on 27th June last, and putting him in bodily fear. Mr. Cator conducted the case for the prosecution. Jamet Dent G*eenwood—\ am a grazier at Port Cooper; I remember the 25th of June last;' the prisoners at the bar came to my house on that day; I am quite positive the three prisoners are the men ; I went down to meet them cominsf up to the house; I asked them where they came from, they said from Otakou; I asked them to come in and have some refreshment; they came in, and I ordered dinner for them ; they afterwards told me they were in great distress, and they had heard at Otakou there was plenty of work at Port Levy; I happened to mention to them that I wanted some timber cut for me ; they told me that they would be glad to cut it at any price 1 chose to give them ; I told them I did iiot want them to cut it at less than the market price ; they afterwards agreed to cut for me ; if a small quantity, they were to have 10a. per hundred, and if a large quantity, Bs. per hundred; I ordered a week's rations to be weighed out (or them the next morning; they arrived at my place on the 23d June last; I sent one of my servants with them into the bush, to shew them where to make a saw-pit ; they afterwards went to work ; they appeared to conduct thempretty well until Saturday the 27th June; Tfust before dark on the Saturday, there beimrno fire in the kitchen, I asked them to comeinto my room where I sat; they seated themselves in a corner almost behind me; shortly after my brother and one of the servants came in and took their supper; I was seated at the same tab'e; soon after James Langlands got up, and said he would go into the kitchen and get some water; he foon after returned with a Tbwling-piece in his hand full-cocked ; I am satisfied that the fowling-piece was in full-cock ; there was a light in the room; he presented it at the head of my brother Edward, and spoke as if he was speaking to us all three, and said get up and go. into the other room — by all three, I mean my brother, myself, and William Prebble-^or'.l-will blow your brains out ; this is what \ve have corns f<>r; he repeated again to my brother' Edward, and go qu ck, or I will blow your brains out ; the other two prisoners had each a pistol, in their hands standing up; the boy William Prebble looked pretty earnestly at the other two prisoners; Joseph Davis said, we mean it; not seeing any means of defence, I immediately tried tp get out at the front door; 1 did not get out; I got the door partly open, but a chain boh held it ; while attempting, to loosen the chain, I was st-ized bj Joseph Davis; he forced me into the next room ; im brother and the boy Prebble, and the o'her two prisoners, soon came into the room ; it was dark in the room ; one of the prisoner* brought a light from the room where we weie having supper; Joseph Davis produced i>ome flax, and I think it was Langlands that assisted him in tyitiK my hands and my brother's, and then tying us together ; one of the prisoners then tied the boy William Prebble; lam not positive, but I believe it was Joseph Davis; Lringlauds then went out and fetched in another buy belongi; gCo me, James Viol ; one of the prisoners, I think Laiighnd*, tied the boy's hands together wiih a handkerchief taken from my neck by Joseph Price; soon after, Joseph Price came to where my brother and I were tied, and said, let us have your watches ; he took a watch and silver watch-guard from my neck, rifled my pocket, got my' keys, some silver money, and a pocket-knife; I had some fire- • arms in the house ; when Langlnnd* was gone to fetch the shepherd, Davis ordered Fries to

load two pistols which were taken from a shelf in the room where we first were; I saw them bring the pistols soon after Langlands returned, stating that the shepherd was not in ; Joseph Price took a watch from my brother with a guard chain, and some money and a pocket knife; soon after George Langlands and Joseph Davis went np stairs and took the keys with them, asking where the money was; Joseph Price remained below keeping guard over us ; «>nr sleeping rooms were up stairs; Joseph Price held a pistol to me; he said he should shoot us if we made a noise or stirred ; I have every reason to believe the pistols were loaded; I consideied my life in danger; le had other two pisrols under his coat which I saw him load; he nsked me where my money was ; Joseph Davis also called from up stairs and asked where my money was; I told them (the prisoners) where the money was, and the key that would open the box ; I told them there were £20 in gold; the prisoners Langlands and Davis re- ' mainfd up stairs some time; I heard them breaking open the safe, and Joseph Price asked what box they were breaking open ; I have missed papers which I have not since found ; i when I went up, the books and papers were strewed on the floor; Lahglands and Davis soon came down stairs; Joseph Davis put the money into Joseph Price's pocket: Joseph Price said at the same time, how is the dust? Joseph Davis said, it is only £20; soon after Joseph Davis loosed my brother Edward ; this was done by order of Langlands; Langlards went with my brother up stairs and guarded him witha pistol; whilst they were up stairs, Joseph Price said, you liave more money than that, and if you do not 'ell me I shall blow jour brains out; Prebble and Viol were in the room at the time ; Davis was present when Price threatened me ; Da vis said, I must have more money; Pi ice had a pistol in his hand ; I told them there was a dollar wiih a watch in my room, I also a*ked them if the} 7 had got some money from a trowsers pocket which was hanging up in my room ; before Langlands went up he said, you have more money somewhere, if you do not tell us we will burn the house down and you in it ; soon afrer Langlands came down stairs with my brother; my hrothei had three wineglasses, and the prisoner had three bottles of wine; Langlands ordered my brother to knock off the neck of one bottle, and he knocked the neck off of one and said we should have some wine; he poured some out ; my brother could not .break the neck off; each of the prisoners drank some wine, and gave some to each of my servants and my brother, and Davis poured some down mj thioa' ; he did this against my consent, I was not willing to take it;YPrice afterwards brokea»»other bottle and put 'the broken part to my mouth; they drank some more wine; Davis a<ked where my powder was, I told him there were two cannisters in a box in the room where we were first; he broke open the box; I heard him break the box oj-en most distinctly; I afterwards missed the powder ; George Langlands went to his assistance; I missed two pair of boots and a telescope from the box; Joseph Davis brought, the telescopjsjntq, the room where 1 was; 1 last saw iKe telescope at Akaroa; when he i <<ok the telescope Davis said there was a sloop to take them off, that they had come from Sydney foi the purpose of robbing me ; the telescope produced is mine; I believe the boots produced are mine also; I missed several other things; the double barrelled gun is my property; Davis bron.hr a pair of long boots into the room, and cut off the tops, and said I could make a pair of leggings of them ; I asked them to tell me what property they had taken, as I wanted to know, and then I could not blame anj body else for it; Davis mentioned a few of things, but not all of them ; Davis said to my two servants, I suppose you never saw anything like this before; Davis said to W. Prebble, do not do as we are doing, as we may be shot or hung to-morrow ; Joseph Price said no, dent do as we are doing; I have been a thief from my cradle, and I suppose I must carry it through ; soon after Price took a drawn knife and cut ihe flax that Prtbble was tied with ; Prebble was then ordered by one of the prisoners to assist them to carry some of the things to the beach ; Prebble, Dnvis, and Langlands went away taking most of the things with them; Price soon followed them ; but before he went away he told my brother and I that he would be looking in at the window outside for a quarter of an hour, and that if either of uf stirred during that time he would shoot us; he went then ; a short time after Price went away my shepherd came in and loosened us ; I asked my brother to loosen me, but he was too frightened; Price had not been gone many minutes before the shepherd came ; I missed £20 in sovereigns, about £1 in silver or rather more; a silver watch taken from the room where we sat, in addition to the one they took from my pocket ; a double barrelled gun, produced ; the telescope produced and other property valued at about j£7<>, including the money ; during most of the time I was in bodily fear ; about three quarters of an hour afterwards Prebble Came back and said they had taken the boat and gone away ; the nearest magistrate is about 30 miles from my bouse ; I requested one of the men to go to Port Levy and give information, but he would not go; he was afraid of meeting the prisoners and being sho*. ; Port Levy is about 6 miles off; my brother «nd Prebble went over on Sunday morning to Port Levy and gave information ; I 6ent word if they succeeded in catching the prisoners I would pay £20; a boat left for Mr. Deans'; I was apprehensive they w< uld rob liim ; I rode to the head of Port Cooper and told a carpenter who was working for me to go over to Mr. Deans and infotm him; Mr. Deans offered a reward of £20, and I said I would make it £50; I went to the magistrate at Akaroa, and the magistrate took me to see the prisoner. Edward Alii' son Greenwood — I reside at Port Cooper w th my bi other; I remember the 25th day of June last; I have seen the three prisoners bef« re; I saw them first on the 25th June; I remember the 27th June. This witness corroborated the evidence given by last witness. Ge »rge Langlands took me up slairs; he had a pistol in one hand and a light in the other ; he ordered me «o go up stairs ; this was between six and seven o'clock in the evening ; he told me to turn the things out of a tin case and find tome money ; I turned the things out ; he struck me on the head wiih a pistol, and told me he would, blow my brains out if I said anything

more; he then said come, come, that wil'do; he opened the drawers and took therefrom a small tooih comb ; he also took some silver from the wash stand, and a drab top coat which belonged to my brother James ; the prisoner then told me to g.» into another room ; he^ ordered me to take some wineoutof apse,p >se, which Idid; the wine was taken down stairs ; I took three glasses fr«»m the shelf in the room from whencp we were ordered; the pr soner drank some of the wii.e ; they gave me some nnd also the servants and my brothers ; I was ordered up stairs again and told to turn all the wine out ; I believe Langlands took some of thp pocket knives; Joseph Davis took a pair of my boots ; the wine was then taken do«n stairs; one of the prisoners broke the neck oft' the bottle and put the bottle to my brothei 's mouth ; Price cut the flax and set the servant at liberty ; I heard the prisoners order the servant to take the goods down ; Price told me he would stand at the window a quarter of an hour, and if we stirred we should be shot ; I went to Akaroa to give information to the police magistrate on ihe Wednesday evening, the Ist of July, and laid information against the prisoners at Akaroa about the 11th of August; I there identified the prisoners. William Prebble—l am servant to Mr. Greenwood ; I have heard the evidence given by Mr. Greenwood, as far as I have heard it is true; I know the prisoners ; I saw them at Mr. Greenwood's "on the 27th June; after my hands were loosed Price ordered me to carry the bundle down to the beach ; I saw some boots in the bundle; I carried the bundle; Pr»ce said if I offered to run away he would shoot me ; it is about a mile to the beach from the house ; all three of the prisoners launched the boat, put the oars in the boat and went away ; the bundle was put in the boat ; they had a double ban elled gun of Mr. Greenwood's, and two pistols belonging to him ; they also had two fowling pieces and a pistol of their own ; Price told me that they would have committed the robbery the day they came if it had not been for the carpenter Mr. Manson being there ; the next time I saw the prisoners was at Akaroa ; I idenilfied the prisoners before the magistrate there; I was put into bodily fear whilst the prisoners were in the house. James M'Kain, assistant to Mr. Charlton, surveyor at Otakou— l remember the 30th July last ; I was up the river in the bush, about three miles fioin Koupati : on returning from the bu-.h to the tent we saw three strangers ; Davis and Langlands are two of them ; a settler, one ot Mr. Charlton's party, told us to look alter those two m 3 n as they were bad characters; I was at Koupaii on the lit of August ; I heard of Mr. Greenwood's robbery; m consequence of information, I got a boat's crew and went in search of the prisoners in Mr. Charlton's boat; we went to the head of the Otakou river; wecalled at Mr. Kettle's and Mr. Park's; the former had a guard to protect his house ; Mr. Park gave me a pair of.pis'ols, and went to a mire about three quarters of a mile from Mr. Park's, and Mr. Charlton and I went in and called to the man, a sawyer, the owner of the ware, and asked him if he had seen two strangers there^ with a dog ; before the man could answer a vaiti called olit on Mr. Charlton, the dog followed us; I knew it was the voice of George Langlands; I went y to that end of the room and laid my hand on [George Langlands' neck and told him he was 'my ptisoner ; I called to the men to come in ; Wilson fell on the bed and took a man, not !in custody ; Davis rose up in another bed ; I turned to Davis and told him not to stir or else I would shoot him ; he was seized and bound ; Davis said he hoped they would let him dress himself, and I said if he would be quiet he should be dressed ; a light had been brought in ; as Peter Crew was putting the trousers on Davis, he said there is a watch in the trousers pocket; Yes said Davis, I have a watch and money too, and mind you don't lose it; we asked the owner of the uare if Davis and Langlands had brought any property in ; a double barrelled gun was produced, and Langlands said it was his ; there was also a single flint piece taken from Davis's bed; he said the gun was his; afterwards he said it was not his ; we took the prisoners to Otakou, to Mr. Scott's house; the prisoners were put on board the Sisters schooner; I saw them put on board ; when we got to Otakou I searched the prisoner Davis and found six sovereigns on him, and five sovereigns on Langlands ; we first found one sovereign on his person and four sovereigns and one shilling in his shoe ; he resisted violently and we took off his shoe by fotce. The prisoners were found Guilty, and sentenced to be transported for fifteen years.