RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2495, 4 January 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Goldsmith and E. W. Puckey, Esqs., J's.P.) LABCENY.

John Pike, on warrant, was charged that on or about Dec. 2nd, 1876, at Thnmes he did felonionsly steal, take and carry away frojn the dwelling of Roderuk McDonnell, one pair trowsers, one shirt, oue pocket handkerchief, one portmanteau, one sewing machine, one iron, one sugar basin, one cream ewer, one butter dish, two kerosene lamps, one cruet stand, two gait spoons, three egg spoons, three forks, six knives, and one table cover, the whole of the value of £7, and the property of Roderick McDonnell.

Messrs Miller and Carnell (who have been especially retained) appeared for the informant, and Mr Brassey for the accused.

Mr Miller stated the facts of the case detailed in evidence below. He said that he had no doubt but that he could prove the accused guilty. The offence was indictable.

James Cocks, sworn, deposed—l am a housefurnisher residing in Mary street, and carrying on business there. I know that lady there. She represented herself as Mrs Roderick McDonnell to me the beginning of .November last, and showed me a letter stating that I was to supply goods. She could only pay £5 cash, but the whole thing would be settled by Christmas. I supplied her' with the goods and charged them to R. McDonnell. This is the account I rendered to Mr McDonnell. I took the goods to a house in Pollen street near the Brian Boru hotel. In the window was a card " Mrs McDonnell, dressmaker." I have got some of the goods back from Mr McDonnell, as they were not paid for. Cross-examined by Mr Brassey—Mr McDonnell returned the 'goods.

Elizabeth Brown, sworn, deposed—l live in Baillie street and carry on business in Pollen street. I know a woman going by the name of Mrs McDonnell. /She lived near my place, a few days before Christmas. Shortly before Christmas she got a packing case from- me. She first told me it was for a stand, and afterwards she said it was to put a sewing machine and other things in. I think this was a fortnight ago to-day. The same day I saw an express cart which appeared to go away from the house with the packing case in it. I did not see the accused that morning, but I saw him there several times before.

Annie McQuillan, sworn, deposed—l know the accused by sight. I have seen him at Mrs McDonnell's residence, Pollen street. I was there this day fortnight. The accused was there on that day. I saw him do nothing else but unscrew a sewing machine.. I did not assist in packing up anything. I know Detective Brennan. . I did not tell him that accused helped to pack the things. I knew a packing case was coming. The sewing machine and some boxes of clothing were tab en out of the front room, but I don't know where they went. I was sewing in the front room, and was not out of it all day. Saw some travelling bags go. away. I don't know how many. I saw them go into the bus. Accused went out, and so did Mrs McDonnell. I did not see any express come to the door. I was sitting in a corner of the room. I was working there a week and four days. I saw the accused there several days. I saw the defendant get his meals there once or twice. I don't know if he lived there. I went out as Mrs McDonnell went out, and she gave me the key. This was about twelve o'clock. I went out by the back door, and I noticed no change. I was not introduced by Mrs McDonnell to the accused as her husband or vice versa.

John Miller, sworn, deposed — I know the accused by sight. This day fortnight I saw him in Pollen street, Shortland, between 11 and 12 o'clock. I am a carter. He stopped me and asked me if I would take a case down to Grahanistown to go by the steamer. I said I would.. He then showed me" the place, a house near the Brian Boru hotel, Pollen street. I got the case, and took it down to the Grahamstown wharf. Accused paid me. The accused assisted me to put the case on the cart.

Carlton Hill, sworn, deposed—l am a cab driver, and was so employed this day fortnight. Accused employed me on that day to take some luggage to the steamer. I took it from a house near Element, the painter's, in Pollen street. The luggage consisted of one box, two portmanteaus, a hand box, and a basket. One of the portmanteaus was a black one with brass corners or bands. I was not paid for taking the things down, as accused went down in another cab. Mrs McDonnell went down in another .cab. Accused helped me to t#ke the the things out of the house and uut them in the 'bus.

Koaerick McDonnell, sworn, deposed— T reside at; Waitekauri. That woman is my wife, and has been so from August, 1873. I married her in Sydney, N.S.W. I saw her at Paeroa on 2nd October last at Mr Lipsey's. I then gave her some money. She wanted to come and live with me at Waitekauri, but I sent her to Graharustdwn to take a house and furnish it. I gave her money and a letter besides. I was at the house on two occasions. The bill (produced) was handed to me by Mr Cocks. I was in the house on December

18th, and missed nothing then, but on the Saturday following I went and found the house locked up. I got the key from Mrs Brown. I missed a portmanteau and other'articles. I got the portmanteau in Sydney. , The sewing machine also was missing. The sewing machine cost £10, and the portmanteau/-swas worth 30s. It was a good one;;: The portmanteau was a black one with brass work aboutiit. There was no brass about the corners. There was also a brown portmanteau missing. I gave nobody authority to move these" things at any time.

Cross-examined by Mr Brassey—My wife' has been living away from me two years last October. She ran away from me in October 1874. During those two years I did not support her or supply her with money. When she came to Ohinemuri she came of her own free will. I knew where she was living. She was living at Poverty Bay. Mr Brassey produced a letter from the witness to his wife, calling her Emily Rodgers. He asked to be allowed to put it in evidence.

The Bench gave permission, and the letter was admitted in evidence.

Cross-examination continued—l do not know that the goods were delivered to iVI rs McDonnell. I put the name Kmily Rodgers on the letter, because she told me she went by that name. I got that account on the 23rd December, from Mr Cocks. I'll swear my money bought the sewing machine. It was bought in Auckland in December 1874. She took the money from Poverty Bay. She stripped me clean of all my money. I was not with her when she bought the machine. The portmanteau had a lot of brass on it, but none in the corners. I told Mrs McDonnell that I was living with a woman in London. She came out with me and was married in Sydney. I hare not paid Mr Cocks, but he holds me responsible. I have not been married twice. I paid the rent of the house for the last fortnight. I have the receipt at my lodgings. (Witness here went for the receipt.) Emily McDonnell, sworn, deposed—l know the accused.

Mr Miller asked that the Bench, examine the witness to find if she waa Pike's wife, as if she was Pike's wife she could not give evidence. The Bench ruled that as she had given her name as McDonnell they need not question her further on that point. Examination continued—The sewing-

machine belonged to Mr Pike, and was bought with his money. McDonnell has no claim to it. I resided at a house in Pollen street before Christmas. Pike lived there the last week. He did not remove anything that did not belong to him to my knowledge. Some things were taken away this day fortnight. They were boxes of clothing. Pike did not help to pack up any one of the boxes, and did not know the contents of them. I got certain things from Cocks in Mary street. I bought them with money I had before* I left Pike. Mr McDonnell never gave .me £5 to purchase the furniture. He gave me two pounds to pay my passage down and to pay expenses. Since then I have received one half-sovereign. On the 20fch December I sold a pair of trowsers for 10s for. McDonnell, and gave him the money. The sewing machine was not McDonnell's property, though I brought it with me when I came to him. The machine is in Auckland in my possession. Pike has never had any control over the articles mentioned in the indictment.

Cross-examined by Mr Miller—l swear my name is Emily McDonnell. lam the wife of the prosecutor.

Mr Miller asked if she was the wife of PikeVjn - • . ."'-■ ' ::.! Mr'Brassey told tha witness not to answer, and, addressing the Court, said she laid herself open to a criminal charge.

Examination continued—l was never married before I married McDonnell. I first saw Pike in Poverty Bay. Pike bought the sewing machine for me. Ifc is my property. What I meant by saying before I left him was because I was married to him. The other things came from Mr Cocks'. I don't know wh< jre they are now. I took nothing but some clothes and the machine to Auckland. We left the house in different cabs, and I went to Auckland in the same steamer. I have been living with him in lodgings in Auckland since. Pike, paid ,foF~the lodgiDgs. I took my own portmanteau with me, and Pike took his. I ordered the things to be removed, and not Pike.

Eoderick McDonnell re-called, deposed —Since the 21st December last I have missed some chairs, but since then I found out where they were, and have had them returned. Miss Brown gave me the key. Since the 21st somebody else has been in the house, unless they were taken by my wife.

Elizabeth Brown, recalled, deposedMrs McDonnell gave the key to McQuillan and she gave it to me. After Mrs McDonnell had left the house somebody else, got the key. Subsequently Mr McDonnell got the key. This concluded the evidence, and the depositions were read over.

After being cautioned in the usual manner; and asked if he had anything to say, accused said, "I am not guilty. I knew nothing of what the boxes contained."

Accused was then fully committed to take his trial at the next sitting of the Supreme Court at Auckland. Bail was allowed, himself in one surety of £200, and two sureties of £103 each. Court adjourned.