RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 117, 1 April 1862, Page 6

RESIDENT MAGISTRATE'S COURT.

. . Monday, 31st March, 1862. • ■(Before Alfred Chetluini Strode, Esq.) Drunkenness.—Richard Young :was discharged; and Henvy Manning, in consideration of having been locked lin since Saturday night, was permitted ,to go at large. William Ohatfeeld was also released. without fine, this being 'his' first offence, and he having promised not to transgress again. ' m .... TllE ROBHERIES AT . THE W EST TAlEM.—Thomas Murphy, -William Wilson, and Edward Donnelly, were charged on the information of John Uarr witli having stolen n cash box containing £80, besides_a silver wntcli, on Friday last. The men pleaded, ' Not Guilty," and the prisoner Donnelly was defended by Mr. trendwgastr , - . . Jolfu Burr, being sworn, stated,—That on Friday, the"2Sth March; lie had occasion to go to luseash box, about'two o'cldck in the afternoon, for the purpose of putting some money into it. He deposited some cash in the box; which lie placed in his bedroom, and then went to the races. On his return, about six o'clock in the same evening, he discovered the; bedroom window had been opened and the drawer in which was the cash was drawn out; the contents of the drawer were scattered about, and the cash box gone. The two prisoners, Wilson and Donnelly had been staying at the prosecutor's house for the previous two days"; but the man Murphy, had only arrived there about two o'clock that afternoon. Prosecntor'cbulcl identify one of the £1 notes from the fact of there being some blood on the back of it. About halfrpast eight o'clock-that evening, the note m question was tendered by the prisoner Murphy in payment for some grog. ■■..-': ■■ ■_ . • V . James Cook, bullock driver for Mr. Darvey, was stopping at prosecutor's house on Imdaylastj and saw the three prisoners there. Ou Friday evening witness .observed a man in a white coat, and dark pair of trowsers, coming out of the back window oi Mr. Barr's house; his legs were just hanging out ot the window as witness walked past. The man was tall andatont. Witness did not see the man's face, and could not identify him again. «•- ' , Police Sergeant John Irwin stated, upon oath, that he arrested the three prisoners in consequence of information he had received from Mr. Barr, .the prosecutor, This'rwas about one o'clock on Saturday morning last; at the same time, witness arrested three other prisoners. On the person of \villiam Wilson witness found £16175. 6d., and witness;asked Mr: Barr if he could identify any of it, when prosecutor instantly recognised the £1^ stainefl at the back with blood as-having been stolen from his ;plaee. Witness arrested Murphy in one of the rooms ot the house, and upon searching him found a pair ot singiebarrelled pistols capped and loaded, besides a life-pre-server in his left-hand coat pocket. Witness;stated the charge, when he threw his right arm round m an ' attempt'to draw out his pistols, and it was only with ttfe assistance of Mr.Jßarr, and three or -. four others, that he was able to capture the prisoner Murpny. His Worship not considering 'there was: any case against Donnelly and Wilson; ordered those men^to stand backi Mr. Inspector Weldon' representing-that there was another charge against them. The .prisoner . Murphy declined to make ■ any statement, and was fully committed to take his trial at the next criminal sittings of the Supreme Court to beheld at Dunedin. William Sinclair was charged, on the information of John Jeffers, of the Races Hotel, .North Taieri, - with having, on the 29th March instant, feloniously stolen a cash box containing £9 Bs. 6d. "The man pleaded "Not Guilty," and was defended by Mr. Prendergast. ; ; - '..■.'. The prosecutor's evidence was to the effect that, last Friday evening^ the prisoner called at his J house, arid that after the bar was closed he went iritojhekitchen, where he sat himself down on a chair. Witness could not rouse the prisoner, and went to bed between elevea and twelve.o'clock,, taking his cashbox, containing one £5 note, two £1 notes, one sovereign, and a half-sovereign, and some silver, besides a silk handkerchief. The cash-box he placed tinder his pillow.,. About' three,, o'clock in the morning he heard some' one 'moving in the room, and listened, and heard . something knock, against some plates and dishes ; upon this he jumped up, and saw the flash a lucifer match,' as if of some one endeavoring to light it. Witness \vent into the room, where the prisoner was, "and said to him, ''What's up?" " Witness then went out of the room into {he kitchen, and heaitTsbme one at. the' backdoor. He went to the back door, and found the prisoner breath- ' ing as though he were asleep. Witness approached -■ him, when he attempted to crawl under the. kitchen table, and he then seized him by the lappets of his coat, which he tore off. The man. got away, and rushed out of the back door, but«prosecutor pursued him for a distance -of about thirty yards, when "a . -wrestle took place, and in the:struggle prisoner exclaimed, ", I'm done npw !," and let go the cash-box. Witness then procured assistance and secured the prisoner. As soon as he was in custody, prosecutor picked up the-cash-box, and knew it to be his property, as being the same that he had deposited under his pillow the night previously. - William Stamford deposed,- that he was a, bootmaker at Dunedin; "and on Friday last .he.occiipied a tent: on 'Mr; Jefferies' ground, arid about half-past 2 o'nlock on Saturday morning was disturbed by screams of '" riiurder." ■ Witness ran towards the place whence, the sounds appeared.to,come,,and found ■ the prosecutor and prisoner struggling together. Witness 'heard the prisoner say,," My_ God,'l'm'done_!" and shortly afterwards he went, inside the "house with the prosecutor. Witness tad' observed the prisoner during .the day playing at skittles. : - Robert Kilpatrick, -a constable, sworn, stated : That last Friday night, he was stationed on the racecourse,.and that about 10 o'clock-on Saturday mornr Jng he was'6alledonby,Mr. Jeffries.to.take the prisoner into custody-on a charge- of stealing a cash-box. He did so, and after conducting the prisoner into a room in--the prosecutor's house, the prisoner'taid to ' "him, "If £20 will be of any good to you for letting •: me go,'-you can have it." Witness'pufr handcuffs on .the man, and escorted him into Dunedin. The ' cash-box, with its contents, had. been in Witness's '■: possession ever since. Mr. Prendergast;. in address 1 ing the iJench for the prisoner, said' that this case •was? perhaps the most extraordinary one he had ever heard of during a very' extensive professional career." He could produce thirty or forty witnesses to cha.xacter; arid coiild prove that his client was a man of "- respectability^ and that" he was" connected in trade with a person named Morrison, a baker and: confec.tioner, in this city. His Worehip-considered the case conclusive, and without remanding it until the ' "fbllowing'day, for the pVodubtion of witnesses, committed the .man to stand-his trial,-at the ensuing Cri-~ ininal Sittings of the, Supreme Court, the prisoner's counsel reserving his defence. { ' ' , n Gambling at,, the .Races. —George Cameron,. William Kelly, Edward Wilson, James Bli'gh/arid James Donnelly, were charged with gambling on,the 28th March. , Mr. Prendergast appeared for Came-. : ron,- -Wilson, and Donnelly^ The apprehending constabte stated, on the day in question he saw the prisoner Kelly seated opposite to Mr. Barr's \ public- .. .house, with a. board upon- his-knee,, and a crowd ■ standing around. Witness rodei upland_seariked.the. - prisoner, on whose, person .he, found eight jor nine thimbles; lie took the thimbles; arid destroyed them, but as. he had not seen ,Kelly aptually playing with them 1 he' did riot arrest Mm. James Barr proved that' on Friday morning last^he dbserved all the" prisoners seated on the road, neai- to his house, when they were all'playing at !Ltoss anil"' thimble-rig. James Glpok sworn, stated that.on Friday morning last, he' saw the prissners Cameron, Wilsoif, and Donnelly toss a stick with three half crowns on it, into the air. :He -also' - noticed Kelly playing at thimble-rig. He did not see: the/prisoner Bligh do anything." Another witness, a. trainer for Mri Julius, identified the prisoners as beirig rthei same pTJrties"'whom Ohe'had seen on the" first" day ~qf the "races,; close" to '.T&r'i Barr!s: house. Kelly was::playing at'thrmble^rig: land the prisoners Bligh arid Donnelly .were bettirig/2Z and 21,: and half a 1 sovereign !at timesl,'Witness put down :: kalf a soyereigriv arid lost it; , He, saw: a greiat many geople win, and 6thorsloße ;he believed the to aye been 6nT6f/' rcE»ice~. " "". "Z " : -•Detective' Tuckwell'gave" evidence as !to the character of the.play known as thimble-rigging ; and then stated thathe' had known the prisoner Kelly for . .some three \ or four months ;.. during which time he he had:riev6rfoHowed any lawftil or visible means of support. He ihad .been pointed out to as a suspected thief. irHe'knew the piisoner Cameron-as . .an,idle and disorderly person for some month's'past;; tothe'-best df his belief he *■■ hail iio visible dr lawful means of support. He knew Donnelly as a convicted, thief in Melbourne^; he was tried there in July, 1854, under the name, of Davis - ; for robbery in cbinpany, and wasseritenced to seven years hard labor! on the public roads. ,He .wad tried again on the 2Srd Feb ; ruary, 1861, for obtaining money under f4lse pretences, and was sentenced to imprisonment wjith hard labor for the "terra of two years. Witness knew nothing about the prisoners Wilson.andJßlighl ;.., ■ His -Worship sentenced ■ Kelly and - Donrielly^:to: to three ; months imprisonment with hard labor/;Cameron and Wilson to two months : and.discharged Bligh from; custody.-/./ ) |? At fen minutes iefbre two o'clock, the Court was adjournedfor five, minutes. .■■ ■-.- -■ ■ •

The Court having resumed, the undermentioned prisoners were arraigned on a charge .of bettiDg and gambling, on the'race-course on she first day of the lafces :—JBroderick, Nathan, Davies, Cavanagh, Montague, Williams, Myers, Moss, lrwin, Green, and Jebb.

The table of the Court was covered with gambling apparatus., taken from the persons of the defendants, v- Detective Joseph Tuckwell, having given evidence regarding the games alleged to have been plajed by the prisoneis, proceeded to give testimony as to ■character. Witness baid he knew nothing about BrodericV, alias Yorkey; he knew Nathan aa a per-, feet youth, but 'a notorious gambler; Davies, he nad known for some years: he iiasa great card-sharper and gambler both in Melbourne and at Dunedin ;*he had dq lawful 6r visible means of support : he had known Tiim/or some years/and never knew him to do an hour's work ; he had be'en convicted for a Bimilar offence. Thomas Cavanagh he had knows for some time as a. car-sharper and gambler; he had been convicted; had.knownJiim'in Dunedin for the I'^at three or four months. Williams he knew nothing about, foejrond Laving seen Mm at the tables. He had known

Joseph Montague for some years as a gambler; had never known him to work ; he had been convicted of a similar offence. Green, he had known for some years, as a card-sharper and magsmaa : never knew hhn to follow any lawful occupation ■ Irwin/he jliad .known for some-years, as a gambler and magsman : and- had never known him to have any lawful, or visible means of support :■ Myers he had known for some years, and had occasionally seen him playingat gainesof chance and rattling dice. Of Moss he knew nothing * until this occasion. The cash produced,! was found on variousprisoners : £4 -12s was taken from tlie persons of some of the gamblers ;■ £5 19s 6d,was found on the bettiug board of, Thomas Cavanagh; £2o in notes .-were■<found on MyerS : the total sum amounted to about £30 or £40. Jebb, pavies, (Jnyanaghi Green and- Irwin hacl got their living for many vvars by gambling. A dice box, produced in-.Court, had'been found-at the bottom of the van-which brought the prisoners-in. ' . Frederick Hutchins, another detective officer, gave evidence against the prisoners; most of whom the -witness had known to be suspicious characters.; Mr Pfendergast addressed the Bench in belialt. ot Moss and Myers, and applied for the discharge ot the former on tlie ground of inconclusive evidence. _ His Worship declined to accede to the application, stating that he would give his decision on the whole of the prisoners as implicatednn the one case. ;- . The prisoner Green, being undefended by eounselj' made a statement to the effect that there was no^evidence to convict him ofauy complicity in the game*; he had been standing near, to one of the tables,; that was all, and not playing-. , . • ; • -. Cavanagh said lie had played the games nil over the world nearly, and could explain their principle it dasired. As to gambling on the race course atDnntedin, he had not been warned against doing so, or he would have desisted; at,once. He absolved any one ot the othere frqm; confederacy with himself,-'either in the faro table or anything else. . ■~'„• * His -Worship proceeded to pass sentence as follows: —Borthwick,. three months' imprisonment; Davies, three mouths imprisonment; Nathan, two months; Cavenagh, three months; Montague,'one month; Williams, one week ; Irwin, two months; Green,one week; Myers, one week; and Joseph Moss,j discharged, all the.property! found in the possession o the prisoners toi be confiscated.; ; . A paltry-assault easeivvvas dismisse_d; vand the com-» plninant reprimanded for bringinj? it into Court; .... The business terminated at four, o'clock precisely.