POLICE COURT.—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 58, 13 December 1871, Page 3

POLICE COURT.— Yesterday.

Before W. Fraser, Esq., H.M. Drunkenness. James Graham was charged with being drunk and incapable. The sub-inspector said the accused, who was not in Court, was suffering from Incipient delirium tremens, and was under medical treatment. He would be removed to the hospital as soon as he was able to be moved. STEALING SPECIMENS FROM THE CALEDONIAN MINE. Timothy Donovan and Robert Courlis were brought up on remand charged with stealing on the 14th inst., from the ground of the Caledonian G.M.Co., auriferous stone of the value of the 3s, the property of the Company.—Mr Macdonald appeared for the prosecution, and Mr Dodd for the defence.—The prisoners were charged under the 38th section of the Larceny Act, 1807, which provides that whoever shall steal, or sever with intent to steal, any gold or the ore of any metal, coal, &c., from any mine or claim, or from any land comprised in any lease grafted by the Governor for mining purposes, shall be guilty of felony, and being thereof shall be liable to imprisonment for any term not exceeding two years, with, or without hard labor. —Vincent E. Rice, chief clerk in the Superintendent’s office, Auckland, produced the certificate of incorporation of the Caledonian Gold Mining Company, also the lease to the Company to which document he was attesting witness. —S. E. Richards deposed: Am manager of the Caledonian G.M.Co., and have charge of the mine. The deed produced is that under which the Company holds this property. 1 saw the prisoners on the mine at the point marked A on the lease produced, 1 went to that point in consequence of information received. Three persons went with me—Peter Iverson, Sanderson, and W. Rowe, junior. The two prisoners were on the road leading to the shoot. At the bottom of the shoot, the first thing I saw was Sanderson grappling with Courlis, and just in the act of seizing Donovan. I desired Sauderson to take the prisoners to the policestation. I noticed Courlis take some stones from his pocket, and saw some fall from the side of Donovan, but did not see him take them out of his pocket. I picked up some of the stone and gave it to Iverson to take to the police-station. William Rowe junior also picked up some. Iverson produced the stone at the police-station, and laid it on the table in the presence of a constable. Both the prisoners made statements, each prisoner putting his hand on some of the pieces of stone and said that was the stone they had taken from the shoot. The stone now produced is the same that was then upon the table. I think Donovan claimed one of the large pieces, but am not positive. There are three stones in the lot in which I can see gold. I can say positively that this stone was taken from the company’s ground by the prisoners. Neither of the prisoners were in the employ of the company. The portion of the road spoken of, is within the company’s ground. Neither of the prisoners had any authority from me to remove the stone. —By Mr Dodd : I believe I am the only person authorised to remove stone. I receive my instructions from the directors. I presume they would have the power to remove specimens. I took charge of the mine on the 4th inst.. I am not aware that there was any kind of a feast on the ground on that day. There Avere a great many people on the ground that day, seeing about the contracts that were to be let. I don’t think there was anybody within 10 yards of the spot spoken of at the time the prisoners Avere seized, except the parties named. The road at this point is not a public road. People frequently pass and re-pass. There is no dray traffic on it, for there is a heap of mullock Avhich prevents it. Donovan had a stone in his hand as he Aras being grappled by Sanderson. Iliad a revolver Avith me atlhistirne. I do not ahvays carry one. I carried one on this occasion to protect myself, if needful. I

did not present it at anybody. I did draw it as Courlis Avns struggling to get nAvay. Donovan Avns also struggling to get away. Onl> onehadholdof him. I swear positively the stone produced came from the Caledonian mine. It is precisely of the same character as the stono at the foot of tho shoot. 1 srav DonoA’an in the act of picking up a stone. I first saw the three gold-bearing stones when they (prisoners) dropped them on tho road leading from the shoot. Iverson handed the stones to the police. I did not go Avith the detectives to the house of either of tho prisoners before coming to the police-station. I swear those thr~e stones come from tho company’s ground. I don’t know that I Avould give anything for the others, not for such a small quantity. It Avas about half-past ten a.m. Avhen tho occurrence took place. 1 have been a mine manager for a number of years. Was manager of the Golden Crown. May have seen a stranger occasio tally pickup astoie from tho heap and examine it Avithout liehig interfered with.'—By Mr Macdonald : Tho stones in the larger heap are of value.— By the R. M.: The whole of the ground within the lease is used by the company for goldmining purposes.—By Mr Macdonald : I pointed out to Mrßayldon tho surveyor, the position of the shoot. —D.H. Bnyldon surveyor, Grahamstown, deposed: I knoAv tho ground occupied by the Caledonian G.M.C.. The last Avitness pointed out to me the position of the shoot and main shaft, and I prepared the plan produced. It correctly represents the site of the shoot and road. The tracings produced are from that plan.—William Sanderson deposed : 1 am braecman employed at the Caledonian G.M.C. On the morning of the 4th inst. I Avas so employed. I saw the tAvo prisoners on the road underneath tho shoot. They Avers picking up stones. In consequence of what I saw I communicated Avith Captain Richards, and Mr Rowe, junior. The Avitness Avent on to corroborate the evidence of Captain Richards as to Avhat followed. I got hold of Courlis, Avho dropped a stone out of his hand and then he fetched some out of hjs pocket. 1 then seized hold of Donovan. Avho had a stone in his hand, and he goi hold of my hand and bit my thumb. He then screAved my thumb back, and tho stone dropped at my foot. Neither of the prisoners suav me coming. I jumped doAvn suddenly on the top of them, so that they had no opportunity of getting away or disposing of the stone before I Avas on them. The prisoners were then taken to the lock-up. Both of them dropped stones from their pocket as they Avent along. Called the attention of Captain Richards, and of lA r erson and IloAve to this. Tho stone Avas picked up and brought with the prisoners to tho police-station, and laid on the table. I had just been taken on at tho Caledonian mine, and had been at Avork about tAvo hours.

By Mr Dodd : There Avcro no visitors at the shoot except the two prisoners. There Avas no one but myself and tho engine Avorking on the surface at the time I first srav the prisoners. I huav tho three stones hoav produced spilled from Courlis’ pocket. 1 saAv Courlis spill the lot. of the small stones from his pocket, and Donovan the large ones. Roavc, Iverson, Captain Richards and myself, all helped to pick them up. The stone was handed over to the police in my presence. The number of stones altogether is twentytwo. Richards showed a rcvoh r er in his pocket to one of the prisoners, and said, •“ Look here, old man, if you attempt to move do you see this ?” (Laughter).— William Rowe, junior, deposed to seeing the prisoners on tho mine on the 4th inst., under the shoot. They wero picking up quartz, and witness Avent to Captain Richards and told him Avhat he had seen. Witness, Richards, Sanderson, and Iverson then Avent to the place, and the prisoners Avere seized as previously stated by the tAvo last Avitnesses, and taken to the police-station.—Peter Iverson corroborated the testimony of the previous Avitnesses. This, Avith the evidence taken at the former hearing, Avas the case for the prosecution. All the depositions Avere then read over by the Bench clerk, and the prisoners Avere asked in the usual Avay Avhether they desired to say anything in ausAver to the charge.—Mr. Dodd, for tho prisoners, said he did not propose to address the Beiich noAV : the prisoners Avould reserve their defence.—Tho prisoners Avere then fully committed to take their trial at the next criminal sessions of the Supreme Court, in Auckland.