SUPREME COURT.

Otago Daily Times, Issue 60, 24 January 1862, Page 2

SUPREME COURT.

Thursday, 23iid January.

STEALING DttAPEUY GOODS.

John Bannon and Gsorge Smith were charged with stealing certain drapery goods, the property of Uobort Banks. The prisoners pleaded " Not Guilty," and v ere defended by Mr. South. The Crown Prosecutor and Mr. Cook appeared for the prosecution. Robert Banks was examined by Mr. Co^k, and said that he remembered having some cases of goods at his house in Stafford-street on the 14th October last. They were outside of the House. He saw them on Sunday evening before tea. They contained a variety of goods. On the next morning a neighbour called his attention to the cases, and lie found that they had been removed to the middle of the garden, and had boon opened. One was quite empty, and the other partly so. He afterward* found'some of the goods [ The goods were here produced, and the witness identified them as his property.]

Jessie Banks, the wife of the last witness, corroborated tho statements of her husband as to tlic loss of the goods, and she also identified those.produced as the missing articles. When cross-examine.! by Mr. South, she said that she had packed the boxes only a few days before. Tho first time she ever saw the prisoners was in the Magistrate's Court James Stapleton was then examined and said, that he was a police constable last October, and knew the prisoners. He did not know where they lived, but from information he had received, he searched a tent at the south end of Princesstreet., Banks lived in Stafford-street. There was no one in the tent when he went to search it. He there found some of the goods produced. The others he found under a tent or taurpaulin in Stafford-street. They were in a bag. He was not sure whether he marked any of the things he found ia the tent. He brought them to the watch-house. He apprehended the prisoners on the 14th of Oct.

When cross-examined lie said that he did not know of his .own knowledge to whom the tent belonged. The only articles he found there were the stockings and some shirting. A man of the name of Devoy told him about the bag under the taurpaulin in Stafford-street. He did not know to whom the tarpaulin belonged. Devoy and a man named Clark were apprehended, but not for this case. He had apprehended Devoy lor receiving stolen property. The bag was found near Devoy's waggon. None of the goods were found in possession of the prisoners. He went to Devoy, who pointed out the bag to him as containing stolen goodsi and he gave information against the prisoners. He took some goods out of the tent which were afterwards claimed by the prisoners. There was a coat there which Bannon claimed as his, and offered to sell it to him (witness). He believed that some of the clothes now on the prisoner Smith were some of those found in the tent. He believed that his coat was. Bannon had got married the same day in the same coat.

John Robert Smith said that he had been a detective last October, and remember the prisoners having a tent in Princes-street. He also remembered searching that tent in company with a mounted constable. They found there some Crimean shirting and some stockings. There was also an account-book with the name of Robert Banks in it. The shirting produced had been in the hands of the police ever since, and was the same found there. It was the same as regards the stockings. Cross-examined : He understood that the tent belonged to the two prisoners. Stapletou had not told him that there was any doubt as to whom the tent belonged to. He had never seen either of the prisoners at it. He did not know whether any of the other things found in the tent had ever been claimed.

John Clark, examined, said, that he knew tho prisoners, and remembered the 13th, 14th, and 15th of October. He then lived in si tent at Staf-ford-street. They both came to him about eight o'clock on the nigfit of the 13th, and asked for the loan of a chisel. They got it, and he did not see them again till next morning, when he saw Smith going down the hill about six o'clock in the morning. Ho went to Devoy's waggon, and then - he and Devoy went up tho hill together. Smith came to his tent again about eight o'clock, and told him that two cases in a garden opposite, appeared to be broken open. Smith said " tvc done it." Witness said " that w.is what you wanted the chisel for, and Smith replied "yes." Bannon came to the tent about nine o'clock. He came to borrow tho shoe-brushes, as he said that he was going to be married that morning about a quarter to twelve. Baunon came back again and said that the man who was to give him away had disappointed him, and asked witness to do it. "Witness went witli him, and on the way he said that Smith had got the tilings and sold them to Devoy for £3. In the evening he went up Stafford-street and saw Devoy's wife crying. The prisoner had a tent at tho end of Princes-street. He had been at their tent.

Cross-examined: Had said Dcvoy got into trouble about the affair. Had known Smith for eight years, but never bad any dealings wiih him. Had never had any quarrel with Smith in Geelong. They were not both paying attention to the same woman there, and never had a fight. Lout Smith an old chisel. Saw him speaking to Dcvoy. W. Allen was present when Smith, came to the tent next morning. Smith said that morning '"we done it." Thought he added " and had sold the things to Dcvoy." He himself hud once got into trouble about these things, but the charge was dismissed by the magistrate.

Mr. South then addressed the jury for the defence, contending that, although there was no doubt as to the identity of the goods, there was nothing to prove that the' tent where they were found belonged to the prisoners, or that they were in any way connected with the robbery. The only positive evidence was that of Clark, and he thought that the jury would regard this with great suspicion, as it was altogether of a most improbable nature. ■

His Honour having summed up, the jury returned a verdict of guilty against both prisoners, and they were sentenced to six months imprisonment, with hard labour. The time to be computed from the 15th of last October.

Smith and Cannon were again arraigned for attempting to escape from gaol while there awaiting their trial for larceny. The prisoners pleaded guilty, but as the Crown Prosecutor stated that he did not wish to press for a heavy sentence, they were sentenced to be imprisoned for one week with hard labour, the time to be computed from the expiring of their former sentence. STEALING. George Smith was again indicted for stealing a gun, the property of John Saunders, to which charge he pleaded Guilty, and was sentenced to three months' imprisonment with hard labour, to be computed from the expiry of the last sentence.

John Calhen was indicted for stealing a quantity of wearing apparel, and a silver watch, from the house of .Daniel M'Farlane, Mavis Bush, Southland ; to which charge he pleaded guilty.

Mary Ann M'Farlane, the wife of the prosecutor, remembered the 2nd of January. On that evening she went for the cows, after locking the outer door. One of the bedroom windows was opou. He returned in about an hour, and found two of the weatherboards in the lean-to pulled out. The door was open, and the door between the kitchen and the lean-to was broken. The front-door was as she left it. All the clothes were scattered about the house. She then went into the bedroom and found the prisoner at a box belonging to a man at the diggings. He had a handful of matches in his hand. The clothes were all pulled about. She asked him what he was doing there, and he said that he wanted tea. He appeared to be drunk. She told him if he did not go away immediately she would give him in charge. She then went into the kitchen, and he followed her. He also followed her into the leanto. He fell over a tub of milk, and she went outside. She saw a man coining down and she called him. He did not at first hear her, and as soon as the prisoner saw him, he ran away] She arid the other man followed him, but could not overtake him. A quantity of her husband's clothes had been moved into the lean-to, and rolled up into a bundle. Her husband's watch was onthj table in the kitchen when she went out, and it could nowhere be found afterwards. The clothes produced were those found in the bundle. There was no doo; io the lean-to, and the door from thence into 1' ; kitchen was fastened by a string, and also by .; 'latch, ' The latch was pulled out when she cm -,io back. ' ' '

, By the ji ioner :He was not at the door. He never saw .-.in till he had got inside. lie did not say he had been bogged and asked for some tea. Ho did not go away when she was told him or untill he saw the other man. He never offered to allow himself to be searched. He' was cursing- so .that sin l, could not understand a word ho said.

By the Court : The leau^to was open to the street as it had no door. ' :

Daniel M'Furinnc said that he was the husband of the last witness and tint; the. clothes pvoducM were his-property. He valued them at .£!>. He was away from home on the 2nd January, but returned between tho hours of 5 and 7 o'clock in the evening. When he left home the watch was in the kitchen, but when he returncl the watch was gone. He had found that the catch of the door from the kitchen to the lean-to was forced ont. One of the weatherboards was broken out and another nearly so. They were close to the door.

This, concluded the"case for the Crown. The prisoner, for his defence said, that he was on his way to Invcrcargill and had lost his way. He went to the door, but there was no one at home, and while he was standing at the door, Mr. M'Farlane came home, and flew into a passion at him tolling him to be off. He accordingly went away. Knew nothing more until he was apprehended. His Honor, having summed up, the Jury returned a verdict of " Guilty," and the prisoner was sentenced to be imprisoned in the gaol at Invercargill for the period of nine months, with hard labour.