SUPREME COURT, CRIMINAL SITTINGS. BEFORE MR. JUSTICE STEPHEN. June 4, 1852.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 715, 9 June 1852, Page 2

SUPREME COURT, CRIMINAL SITTINGS. BEFORE MR. JUSTICE STEPHEN. June 4, 1852.

Thomas Lemon Grimsey was indicted for stealing 1 from the person of John Nattrass a Bill of Exchange of the value of £20, three £1 notes of the Union Bank of Australia, and one £1 note of the Colonial Bank of Issue. The Attorney General conducted the prosecution, Mr King was engaged for the prisoner. T. Gibson. — I am a private in the police force ; I was sent for to Winteringham's public house ; I saw Mr. Nattrass and prisoner there, and heard Mr. Nattrass accusing the prisoner of having robbed him ; I remained there for some time until Grimsey drew from the pocket of his coat a pocket book, and threw it on the table, (witness produced the pocket book ;) in throwing it down there were some loose papers in the string that bound it together ; among those papers was this bill for £20 at 2 months, (bill produced) accepted by Winteringham ; Mr. Winteringham picked up the bill and I then took the prisoner into custody ; on throwing the pocket book down the papers fell on the table ; it was between six and seven in the evening. By Mr. King. — The different parties seemed to be excited, and sorry that such a thing had occurred in their company ; I heard Mr. Nattrass say if prisoner gave him back the order he wished to liave nothing more to say to it ; prisoner said prosecutor had lent him £2, which the latter denied ; prosecutor appeared to have been drinking but knew what he was about, and prisoner had been drinking but seemed sober enough ; when I saw the bill fall from tile papers in prisoner's possession I took him in charge ; the next morning Mr. Nattrass told me he did not wish to press the charge. John Nattrass. — I am a settler 'at Rangitiki ; I lost on 22nd April last a bill for £20 and 4 £1 notes ; between 1 and 2 o'clock the money was safe in my pocket, I was then at the prisoner's lodgings ; I had in my possession the bill produced, and 4 £1 notes, three of the Union Bank of Australia and one of the Colonial Bank of Issue, they were in the breast pocket of my jacket; I can't say if the prisoner knew I had them ; I don't recollect whether I drank anything' at the. prisoner's lodgings,. l had been drinking freely during the day ; I fell, asleep there ; when I woke up there was a Maori girl in the room ; prisoner took me to his lodgings that I might lie down and go to sleep; between 5 and 6 I woke and missed my money ; Mr. Crump the owner of the house came in, and I told him of my loss, prisoner was not there ; I then went in search of prisoner to the 'Nag's Head, I saw the prisoner and asked him for my money ; he said he hadn't it, I said he had, he denied and called me a liar ; he then said he had only the £2 which I lent him, I then called him a liar as I had lent him no money ; we wrangled for three quarters of an hour ; Mr. Winteringbpm sent fora constable, ~ (the last witness,) when he came prisoner after a few words took the pocket book out of his pocket and dashed it on the table, and some papers fell out of the India rubber fastening ; Mr. Winteringham picked up the bill and said there it is. By Mr. King. — I had been drinking with the prisoner, I went to Rotermund's with: him and drank there, from Rotermund's I went to the prisoner's lodgings ; I had taken so much I could not recollect ; I put my hand in my pocket but took nothing out as I felt the money was quite safe ; I have been to the prisoner's lodgings before and lay down but was sober ; I have, never said that I have given the prisoner money to keep when intoxicated ; prisoner has before taken money out of my pocket

j -when I have been intoxicated which he afterwards returned to ray brother ; I swear positively I did not give the money to the prisoner to take care of; I went to the Nag's Head and found the prisoner at the bar taking tea ; the constable said he should be compelled to proceed in the matter if I did not ; I have known the prisoner intimately for 1 2 months. William Cattell. — I received payment from prisoner of an old debt on the 22nd April ; I had asked him for payment, and he had promised to pay me in a day or two ; he paid me two £1 notes arid -'a £l J note of the Union Bank of Australia. ' *- ' By Mr. King.-^Frisoner dined with me that day ; he was rather intoxicated. Hara, (a native woman examined through Mr. Deighton, Native Interpreter). — I live with the prisoner as his wife ; I was at the prisoner's lodgings when the prosecutor came with prisoner ; prosecutor was drunk ; prisoner was not drunk ; prisoner made prosecutor lie down ; he went to sleep ; he tcok his coat off and let it remain by the side of the fire ; the prisoner went out shortly after ; prisoner asked prosecutor to lend him half-n- crown, which he did ; this was aftet he woke ; prosecutor then went to sleep a^ain ,- the prisoner returned again while the prosecutor was asleep. Mr. King for the defence objected to the indictment, on theground that the bill was not' properly set forth, and' that the notes of the t Union Bank and .of the Colonial Bank of Issue i were not sufficiently described, but the learned Judged overruled his objection. - He then adressed the Jury at considerable length on behalf of his client. The learned Judge having summed up ; the Jury after a short interval returned a verdict of Guilty. *The prisoner was sentenced to six months imprisonment and hard labour.