SUPREME COURT SITTINGS. Friday, March 1st, 1850, Before Mr. Justice Chapman.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 479, 6 March 1850, Page 2

SUPREME COURT SITTINGS. Friday, March Ist, 1850, Before M r. Justice Chapman.

Michael Mnorc, private 65th Regt.j Was found guilty of an assault with intent, &c, and sentenced to two years' imprisonment with hard labour. Caristopher Martin and Chas. M'Devitt, privates 65th Regt., were indicted for stealing forty-two sovereigns* the property of G. P. Betts. The prisoners pleaded Not Guilty. The prosecution was conducted by Mr. Ross. Georye P. Beits, examined — I reside at Porirua, and am a shipwright ; there are two ways from my house to tbe barracks, either by it he water or over the hill ; tbe distance is half a mile 4 I remember the 26th December; -I had- forty-two -sovereigns which I— kept in my desk ; tbe desk was in a chest, and the chest was in my house; I left at half-past five in the evening and returned in an hour ; I had not untied the bag containing the money since 1 left England ; I had seen it within a few days; the desk and chest were both locked ; no one lived in the house with me ; John Batty and Mrs. Batty were with me on my return ; our houses are six feet apart ; I returned to my house and found it had been bioken open ; the chest and desk were also broken open, the latter by the blow of an axe that lay handy ; the money was gone; I am sure I had forty-two sovereigns in my desk ; I know Martin ; he used frequently to come and enquire very kindly after me ; I had been to Porirua that day on board tbe Old Man. Cross-examined bjr Martin — You were at my house the day before ; the blacksmith was not in with you. ■Cross-examined by M'Devitt — I did not say anything to John Batty ; one blow woul j not break the chest ; Walker's house is dis^ tant 400 yards ; I have heard working atth " ship at that distance ; I saw Andrew Green at Porirua ; be could not have come to my house and broken into it. John Batty, Porirua pomt — I live close to last witness ; I remember 26th December ; he went with me on board a small craft about 100 yards from the shore, we returned about , six o'clock ; we all went; together ; I stopped to get a ligh' ; Belts and my wife walked together ; I went towards a new house I am building, and there I beard the sound of voices and went to see whence it proceeded ; the voices were towards the new house ; the two houses are 200 or 300 yards apart ; when I got near the new house. l saw four soldien ; I stopped and talked ; I saw the prisoners as I was coming home about five minutes previously ; I can swear to Martin but not to M'Devitt ; they were coming from the direction of Bett's house ; Martin spoke to me ; there is only one house beyond, bat two in ' the gulley and Mr. Walker's neatet Paramatta. Cross-examined by Martin — I saw you about midway between our houses and tbe barracks ; Mr. Walker's is nearer our houst you were on the part of, the hill ; you had on a red jacket, but I cannot say what trousera; i think the other prisoner was with you. Cross-examined by M'Devitt — I went on boaid the Old Man ; the spot was a thoroughfare. John Higginson, Serjeant 65th Regt— l was at Porirua on 26th December ; lam

pay Serjeant; I have known the prisoners two years ; they could not have so much money z they were always in debt ; I was surprised at Martin having £1 ; I reported the circumstance to Captain O'Connell ; the two prisoners were absent on the evening of the 2nd January ; I was acting serjeant-major ; they .were brought in next morning by two civilians ; Martin was sober and M'Devitt was drunk ;' the allowance in money is Id. per day if they do not draw grog ; I have given Martin credit for 2s. 7d. per month and he was generally in debt; M'Devitt had been deprived of his grog'for six months by a Court Martial. Cross-examined by Martin — You owed me 9s. lOd. ; I remember Christmas day ; there was a dinner ; it was charged to you next month ; I searched you the day after the rob•b'ery a'nj you told Capt. O'Connell you hadj no money', and that you were indebted to the: pay Serjeant. -. " Re-examined — Tbe other prisoner alsoj said he bad -not the price of a ' little tobacco and I gave him Tvared, examined — I know both prisoners; I did not see the prisoner cross over to London's house ; Martin spoke to my wife to get ferried over, but she refused till she had spoken to me ; I asked 55., which they agreed .to .give they took a sovereign out of a bag; -Martin gave me £1 and I changed it at London's and returned them 155.; I cannot say how much gold was in the bag, £10 or £20; this was about four p.m. ; I can't say the day. Henri/ London — Keeps the ferry at Porirua ; I know both prisoners ; I recollect the prisoners coming to the house with a maori, who ~tfia*hged a 'sovereign and gave the change to the prisoners-; Martin came to pay for something, and paid with the same silver; this was "on 2nd January ; in the evening of the 26th 'December be and M'Devitt changed a sovereign ; I could not identify him at first at Paramatta, but I have now no doubt he is the man. ■ Lawrence Mawbey, stable keeper — I remember January 2nd : I was going to Pauhatahanui from Paramatta ; I saw the two prisoners ; I was going to Brown's, at Jackson's ferry ; I was about half way ; I said good evening to tbe prisoners ; I went to Paramatta that evening ; I gave information to Capt. O'Connell that I bad seen the men : I undertook to follow tbe men and bring them back ; Higgins was with me ; we were both mounted ; we overtook them at rhe Halfway between. Wellington #ndPorir«,a ;_M;r. Floyd and a man named Tomy were in the .house ; the prisoners were having supper ; I communicated my suspicions to Mr. Floyd and he assisted me in taking them ; I had .heard of the robbery and seen the offers of rejward ; it was after the consultation with Capt. O'Connell that I took them ; I and Floyd found <U7 16s; 6d. on M'Devitt in sovereigns and 6s. 6d. in silver in his pocke' ; we only found ss. 3d. on Martin at that time in bis boots; we took them to London's in the morning, where we searched them again thinking there was more money, we then found £17 on Martin rolled up in the bottom of bis trousers ; we also took two sovereigns out of M'Devitt's mouth ; the money was handed to Capt. O'Connell ; Martin said "he was very sorry he was leagued with the other man as he should be found out." . Captain Richard O' Connell — I was in cb arge of the detachment in December ; the prisoners were privates in my Company ; they were reported absent without leave on the 2nd of January ; I had previously heard that a robbery bad been committed ; the two prisoners were in custody on suspicion ; they were searched on the night of the robbery, but nothing was found then ; I did not hear anything about their being possessed of money ; I received 36 sovereigns, and some silver, from Mawbey, which I banded to Major Durie, who gave me a receipt ; I have known these men for some years ; for the last six- months these men have been in my debt and 1 never heard of their having any money. Cross-examined by M'Devitt — I cannot say how long I have known you, perhaps four years ; I searched you as soon after the robbery as I could; another man was confined on suspicion. David Stark Durie, Resident Magistrate at Warkanae — The prisoners were examined before me on this charge ; on my asking bow they bad so much money, Martin said he had saved his, rations of grog and had regularly sold it; the other prisoner made no remark. , Cross-examined — You said you brought part of the money from England. The Jury found both prisoners Guilty, and they were sentenced to 14 years' transportation. John Smith, a private of the 65th Regt., was found guilty of an assault, with intent, &c, and sentenced to two years' imprisonment with hard labour. Robert Johnston, private 65th Regt., was indicted for stealing four shirts, one handkerchief, and other property, belonging to J. Fisher. •/

The prisoner was found Guilty, and sentenced to six months' imprisonment.