SUPREME COURT. CRIMINAL SITTINGS. December 1st, 1852, Before His Honor Mr. JUSTICE STEPHEN.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 766, 4 December 1852, Page 2

SUPREME COURT. CRIMINAL SITTINGS. December Ist, 1852, Before His Honor Mr. JUSTICE STEPHEN.

The Court was opened with the usual formalities. The Grand Jury having been sworn, His Honor addressed a few observations to them on the cases to be submitted to them. The Grand Jury found true bills against all the prisoners, they then through their foreman, Captain Daniell, made file following presentment : — The Grand Jury present, that in two cases which have come before them this day, the absence of the Police has been so manifest as to call for a remark on their part — one case occurring in the middle of the night in which there was no policeman to be found from one end of the beach to the other, although messengers were sent in both directions to seek for one. The inhabitants have been long convinced of the inefficiency of the protection which they receive from the Police Establishment, which has compelled them in many cases to employ private watchmen, (Signed) EDWARD DANIELL. Foreman. Ist December, 1852. Edward Henn was indicted for burglariously entering the store of Messrs. Isaacs and Levy, on Lambton Quay, on the night of the 16th October,^and of stealing therefrom a quantity of boots and r snbes and' other articles. David Isaacs, being sworn, states — I am a bootmaker and live on Lambton Quay, Wellington ; I sleep in the house, it is my own property; I have "a partner named Lipman Levy ; I was sleeping at my house on the 16th October; I beard a noise as of some one smashing and breaking glass; the wind was very high, and I thought it was the shutters blowing j having a cold at the time, I delayed getting up ; this was about 12 of the night of Saturday the 16th October ; I called out who is that or something to that effect, thinking that it might be one of the apprentices ; I received no answer, and I got up and'went down stairs and opened the window next the one that was broken into ; after that I went into the .shop and I immediately saw that the-shut-ters were ,taken down and a pane of glass broken, and I saw the arm of a person taking goods from the inside of the~sKop, that person was outside the house ► I could not see cjisr tinctly the arm except- that I saw something white before the- window whiob I took to be the dress of a man ; I called " Stop Thief," after calling some five minutes the watchman (Thomas George,) came, I showed him where the window had been broken and I sent him for the police; in the meantime I went up stairs and dressed myself, I then came dCwn and went outside towards the head of the Bay ; I was about five minutes calling stop thief • and another five minutes dressing ; as I went along Lambton Quay towards the head of the, Bay I

met the prisoner about 20 or 30 yards from my own house as if he was coming towards my house ; I passed on and looked after him ; he made a stop near Mr. Bowler's, which is next to my own door ; the watchman then came up also as if from the head of the Bay, and we went up to the prisoner where he was standing and asked him where he had been ; he said at Pimble's public house ; he seemed then to be intoxicated, but I don't think he was ; he had not appeared to be so when I met him just before ; the watchman then said to him, I saw you at 12 o'clock by Bannister's ; Bannister's is about 30 or 40 yards from my house Hearer the head of the Bay ; the prisoner said it is a lie I was not there ; I asked him if he would go along with us and give an explanation of himself; he said he would ; he accompanied us to the Police Office, but in starting from Mr. Bowler's, he seemed to be very drunk and staggered across the road, during which time he lost his cap ; the cap was given him by one of the watchmen in charge ; we all then went together to the Police Office and I gave him in charge ; when I had shewn the watchman where the window had been broken he handed in through the broken window 6| seal skins ; the same night, and after prisoner was confined. Sergeant Stiles said we'll go in search of the property ; we did so and found in the street near Mr. Bowler's, near the entrance of the passage, a package containing 3 pair boot hooks ; this was within a yard of the place where the prisoner had stopped when I had met him ; we then went further on, as far as Mr..Master's, but found nothing; on our return, the watchman showed me 7 pair of boots, 7 pair of -shoes, a broken package containing 10 pair of pincers, 1 sound package of pincers, and 1 odd boot ; all the articles I have enumerated belonged to the firm of Isaacs and Levy ; those (now produced by Sergeant Stiles) are my property and Mr. Levy's ; one of these Blucher boots is the " odd " one I have been speaking of, the other is the fellow to it which was never taken, I gave it to the Sergeant to examine it with the other. Cross-examined by the Court. — All the above articles were in my shop when I went to bed on the night of the 16th. Cross-examined by, the Prisoner. — I did not find any of the above articles in the direction between my house and the head of the Bay ; I did not see any package or bundle in your possession at all at the time you stopped ; I had not spoken to you nor asked you to stop ; when I asked'you where you were going, you said you were going home to Karori ; you made no resistance nor objection to going with me ; you were never out of my sight from the time I first saw you till after you were searched at the Police Office ; there was nothing found on you belonging to me ; I can't swear that you are the person that broke into my shop. Saml. Stiles, being sworn, states. — I am a Sergeant of Police ; I was at the Police Barracks on the 16th October j. the Prisoner was brought there about 1 on the morning of the 1 7th ; I searched him and /bund nothing on him ; I got this seal skin and this one boot from Mr. Isaacs', (which I have marked with a cross and my initials on the sole ;) this other boot and all the other articles except these 6 boot hooks, were picked up by the watchman, Thomas George, on the night of the 16th, on Lambton Quay, near Mr. Isaac's house; he was on the beaph and he handed them to me on the road ; I found the boot-hooks on the foot-path under the shop window of Mr. Bowler, the foot-path of the street ; after I had locked the prisoner up on the night of the 16th, about the same time I examined the outside of the premises and carefully examined the foot-marks and covered them over with a door and shutters that were there so that I might examine them more minutely by daylight ; between 7 and 8 that morning I obtained the boots that prisoner had on his feet when he was locked in : I compared them with the marks of the foot prints under the window that was broken open, and they corresponded in length and breadth ; the appearance from the nail marks left on the ground was that of a person having been shifting about on his feet, and the impression of the nails was not so perfect as I might have expected; the ground was rather dry. - Crdss-examined. — I found several marks under the window corresponding with the boots. Thomas George, being sworn, stated. — I am a private night watchman, my beat is from Mr. Wilton's store on Lambton Quay to Mr. Allen's the Auctioneer's ; my hours of duty are from 10 till 4 ; I was on duty on Saturday, the 16th October; I heard some one cry out that night about 20 minutes before 1, but I could not say what was said, 'as the wind was blowing very strong and I was then near Allen's store ; the voice seemed to come in the direction of Mr. Isaacs, and I went in that direction; I went round to the side doorof thehouse I found it open and Mr. Isaacs ' in the shop ; Allen's is about 100 yards from Mr. Isaacs ; Mr. Isaacs said that some one had been breaking into the back and I went round there and found some seal skins underneath the window that was broken, I picked them up and gave them to Mr. Isaacs through the window, these seal skins I believe to be them; T went up Willis street in search of a policeman as far as, the Commissariat, but could find none ; I returned to Mr. Isaacs' house ;>I saw Mr. Isaacs and the prisoner in the street near Mr.. Isaacs ; they seemed to be talking, the prisoner was very.drunk, he could not stand ; he fell down, he attempted to get up and rolled about and crawled on his hands and knees ; I had- seen the prisoner that night about half an hour, or perhaps a little more, before tha% oppposite Bannister's public house, which is 60 or 70 yards from Mr. Isaacs, that would be about 10 or 15 minutes past twelve ; lam sure it was the prisoner ; he did not appear to be drunk ; when I met him he was coming, as if from the head of the Bay, towards. Mr. Isaacs' ; I was going the other way, I went to the end of my beat and waited there ; I met no other person that night from the time I met the prisoner near Bannister's to the time I saw -him again near . Isaacs', when I saw* him talking to Mr. Isaacs he had lost his hat, I turned the lanthorn on and looked for it ; I was looking over the breastwork of. the* embankment, and he said, it was not there^l found it near there ; ; I asked him where he had been since I saw '

him at.a quarter past 12 near Bannister's ; he said, " I did not meet you at that time, I- have just come down from Pimble's ; I told him I did meet him^he said 1 did not ; I said the same thing agam to him at the Police Station, he said I was a liar ; after the prisoner was locked up I returned with Mr. Isaacs and Sergeant Stiles to Mr. Isaacs' house ; on the beach over the breastwork, and near the place where he had been rolling about. I found these 3 packages of pincers, and some shoes and boots ; I called to Sergeant Stiles and handed them up to him ; I have known the prisoner before for 16 or 18 months ; I am quite positive that he is the man I met on the night of the 16th a little after 12 as I stated; private Hannet,

the policeman, was with me when I met him. Cross-examined by prisoner. — It was about 15 or 16 yards from Mr. Isaacs' where I found the property ; some was on the beach, some on the road ; it was this side of Mr. Isaacs, that is further away from the head of the Bay than Mr. Isaacs' ; you were down on your hands and knees when I came up to you, when you were with Mr. Isaacs ; there was plenty of time for any one to escape that had committed the deed from the time that I heard the cry up to the time of my meeting you with Mr. Isaacs ; nothing was found on you when

you were searched at the Police Office. Jas. Hannet, being sworn, stated. — I am a policeman ; I was on duty on the night of the 16th October last ; I left the Station House at 12 that night at Pipitea; my beat was from Clay Point, beyond Barrett's Hotel, towards theWillis street end of the Town ; as I was going that night to my beat I met the prisoner opposite Bannister's, that was about \ past 12; he appeared to be sober ; I have no doubt that it was the prisoner ; Thomas George was with me. This closed the evidence, and the Jury ac-

quitted the prisoner. Patrick Hayes was indicted for an assault with intent to maim J. Dismond, ajsoldier of the 65th regiment, on the 21st June, 1852. The prisoner who was a seaman of the Government Brig, had been previously convicted, and sentenced to two years imprisonment. He escaped from custody on the day in question, was retaken, tried and sentenced to two years further imprisonment. He pleaded guilty to the present indictment, and was sentenced by the Court to seven years transportation. James Woods and Michael Morrisey, dis« charged soldiers of the 65th Regt., were indicted for robbing /. Church, on the Ist of last November, of £10 in bank notes and twenty shillings in silver, and also of taking from him a silver watch, and putting him in bodily fear. The robbery was accompanied with circumstances of personal violence. The prisoner Monrisey had been previously convicted of a similar offence and sentenced to two years' imprisonment and hard labour. The prisoner Woods had also been previously convicted of keeping a disorderly house, and sentenced to three months' imprisonment. Mr. King defended the prisoner Morrisey.

Saml. Stiles, Sergeant of police — I found these trousers at the tea tree at the back of Woods' house ; h.is house is at Polhill's gully, near the middle, on Wednesday, the 17th November last. Israel Church — I am a labourer, living with Mr. Innes, near Thorndon Flat barracks ; I left Mr. Hammond's service on Saturday night as this happened on the Monday ; It was, I think, five weeks ago last Saturday 1 received from him a cheque on the Bank for £1,1 ; I changed the cheque at Mr. Calder's, at Kai warra, about 9 o'clock of the day ; it was on the Monday after the Saturday that I received it ; he gave me a £5 note, 5 one -pound notes, and twenty shillings in silver, (shillings, sixpences, and half crowns); after 1 received the change I went to Mr. Barry's public house, at Te Aro Flat ; I met Woods there ; he said well, Church, how are you getting on ? I said I am getting on pretty well, I thank you ; he asked me to have a glass of ale and I said "no I thank you ;" I asked him if he would give me a cup of tea if I went to his house, and he said he, would ; I said if you will give me a cup of tea I will pay for a bottle of grog for you ; he said, capital, my boy ; I was going to pay for it and he said that's enough, shut up, shut up, Church ; I then went with him; I took a bottle of grog which I paid 3s. for ; Mrs. Woods, prisoner's wife came in a short time after I had been in Barry's ; I went home with her afterwards ; when we entered their house I had a sup of the grog ; that was all I had ; Woods kept walking up his house ; he said I expect some company ; there was a soldier at Wood's when we came there, but I don't know his name ; when Woods said he expected some company I put on my cap and said I would go home ; when I got three or four yards from his house he stood there with a big stick in his hand ; he cut me across the eyes with it and I fell down to the ground and I cried out for assistance ; the other prisoner was there with Woods, not in, but out of the house ; he tried to shove my blue shirt in my mouth ; Woods took my money away out of my purse ; it was in my right hand breeches pocket ; the other man kept me down by lying on me his whole body as much over me as they could ; I was smothered with blood, which was running into my left eye ; both men lay on me, but Wood was the man who took my money from me; I was perfectly sober; I swear it was Woods ; I felt his hand in my pocket; I said "pray don't, Woods;" they both struck me, Woods with a stick, Morrisey with his fists and feet, many blows about my body ; it was about ten minutes that they were attacking me ; they struck me about the head, face, and body, and every where where they could ; they took away everything I had about me except my shirt ; my money was in my pocket when I left Wood's house ; I stopped nowhere, nor spoke to any one but Woods and his wife from Barry's to Wood's house ; I had the same money that I had got in change for Mr. Hammond's cheque when I went to Wood's, excepting only 3s. for the grog, and 6s. Bd. for bread and sugar and tea, and Is. for some beer ; I had also a silver watch with a silver guard when I- went to Woods \ it was in my watch pocket ; he snatched it out and took the guard off my neck ; after they had robbed me they said, " you b y greenhorn go and lie down and rest ;" I could, not get away •, I crept awayabout 9 or ten yards uuder a tea tree

and there I stayed till about 5 a.m. \ I then came to the police barracks and saw a policeman standing near the causeway and' I went to him and told him what had happened ; 1 stopped with the policeman about, three or four hours', when the prisoners were brought in there ; these trousevs are mine (spoken of by last witness) ; they were on me when I was attacked ; the prisoners took them off me on that occasion ; this blood mark near the brace was not there before t was knocked down ; the stick that Woods used was as thick as my wrist. Cross-examined" by Woods — I did not see you go into Harry's nor your own house with Cardley. Cfoss-exdnrined by Mr. King for Morrisey — I never said that Egan had been one of those that robbed me ; I sent for Egan after it was over to know whether be heard anything of it ; he lives near there, perhaps 100 yards away ; it was a few minutes after 10 I reached Barry's; it was about half-past 11 when I left him ; I had some beer at Barry's, three glasses altogether; Mrs. Woods came there soon after I arrived at Barry's ; I gave them a glass of beer ; I paid for no ginger wine ; they paid for nothing for me ; it was a moonlight night ; it shone as bright as could be ; I set down in the house and had a sup of the grog ; I did- not lie down on the bed ; I saw none ; ' I did not swear at the police office that I lay down on the bed with my clothes on ; Woods told me to be careful of the children ; they were lying on the ground, I believe. [Witness' deposition put in and read to contradict that he had said there that when he lay down with his clothes on the bed, Woods told him to take care of the children.] I was not long, not above a quarter of an hour, at Woods ; I knew Morrisey at Port Cooper ; Woods did not quarrel with me because I was paying attention to Mrs. Woods ; I did not ask her to take care of my money ; it was a bead purse; I took the purse out at Barry's last ; I felt it after that ; Mrs. Woods told me I should find my things if I went to the tea tree ; when I went there she shouted out murder ; and made believe that I was ill using her ; I would not leave till a policeman came up and saw that I was not drunk ; Egan was in the police barracks when I was there ; I had no talk with him ; I never told any one I would get Woods transported ; did not go to Barry's meaning to go to see Mrs. Woods that night. Jane Colder — I am wife of James Calder, who keeps a public house at Kaiwarra ; I know Israel Church ; he called at pur house on Monday the Ist November last, about 9 o'clock ; he asked me to change a cheque for £1 1 drawn by Mr. Hammond on the Union Bank and given to Israel Church ; I gave him a£s note, five ones, and 20s. in silver : he was sober ; he had on a blue shirt and was tolerably well dressed for a labouring man. Daniel Ikin Byass — I am barman at Barry's public house ; I remember Israel Church coming to our house in the evening, about 9, of Monday, the Ist November ; prisoner Woods and his wife were there; they were there before he came in ; they had 6 glasses of ginger wine and one of ale ; Church paid fat 3 glasses of ginger wine, and one glass of ale ; • Woods paid for the other three glasses of ginger wine; Church paid for four in all ; he took away a bottle of spirits ; when I went in with the last three glasses he was shew»ing his money to Woods ; he said to me is that a £5 note, at the same time shewing it to me ; I said it was a£s note sure enough ; there were some other notes underneath the £5 ; the three left the house together ; they were all sober. Jas. Hannet — I am a policeman ; I was on duty on the beach on the 2nd November ; I saw Israel Church that morning near Mr*. Brandon's, about five o'clock ; his face was all cut ; he could scarcely see from the blood that had got about his face ; he had a white and blue' check shirt ; there was a mark across one of his eyes as if with a stick, or heavy weapon ; he appeared to be much beaten ; he was barefooted ; I took this coat and waistcoat from Wood's person on the morning of the 2nd November ; they are stained with blood ; they seemed as if they were fresh stains done within a few hours. Cross-examined by Mr. King — Church did not that morning name three persons ; he said that he wished Egan to be sent for as he had been shouting and he thought that Egan could give some account of it ; I did not go to Egan's; I met him a little above Mr. Loxley's garden in the road leading to Polhill's gully ; this was about 7or 8 o'clock ; Egan came to the police barracks! he did not come as a prisoner ; Church did not speak to him in my presence ; Morrisey was then in the cells ; I found him in a house where he resides ; I searched him and found Id. and a pen knife ; I noticed his clothes, they did not appear to be bloody like Woods. The following witness was examined for the defence. Margaret Quinty — I have seen Morrisey ; he lived in my hoifse ; he was living there on the Ist November last ; I recollect his being taken in charge by the police ; he slept in, my house from ten o'clock the night before he was taken until he was taken ; during that time I am sure he did not leave the house. Cross-examined by the Attorney- General — My husband has been these 17 or 18 months at the Colonial H©spitah I know that he was not out as my youngest child is ill and I did not sleep till pa&t one; I get my Jiving in such a way as I do not wish to say. The Jury found the prisoners guilty, and they were sentenced to transportation for fifteen years,