RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume II, Issue 63, 24 April 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Horace Basfcingp, and Alexander Stewart, M.D. Esqrs.) POLICE V. CWEOY. John Conroy, alias Murphy, alias M'Dermit, was brought up on remand, and placed in the dock. J. B. Thomson, Chief Detective, prosecuted.' f .- James Dow deposed : lam a shepherd. On 9th September last I was a I shepherd on the Bellamy station. On the morning of that day I left my hut about 7 a.m., in company with another shepherd, by name E, Bushwick. I secured the hut by locking the door, taking the key and placing it under the thatch. The hut is made of wattle and deaL Therhut was in good repair. The. window was also Becured. No other way of getting in except by door and window. I returned about 2 o'clock. I found the place in confusion, and the contents of the bed thrown /on the floor. I missed two pair of double bed blankets, also a pair of cotton drawers, and a pair of moleskin trousers*. On of the blankets was torn near the black bar on the centre, and sundries ; alse. a mattrass cover of old. calico. At the time I missed them ,a policeman went past the house, and I informed him of th& circumstances. I have seen the prisoner before. He was in. my tent on the afternoon of the 7th. He pkssed by and said he was not well. l asked him in to have a cup of tea. He re^ mained about, three-quarters of yln* hour. Whilst, he was in the hut, I had a good opportunity of seeing the prisoner and his dress. [The witness^ having examined the various "articles, identified them as his property.] ' The trousers produced were those worn by prisoner whilst in my hut. I identify them by the patches on the knees. I value the whole at £3 ss. , ' "

James Hopkins deposed: I am a storekeeper, Evans' Flat. [At this stage the prisoner was made to put his hat on.] I identify the prisoner as the man who ' came into my store some months ago. I cannot tell the date. He was in my store about an hourbefore Sergeant Smith, who was in search of one who answered prisesoner's description. He bought some tea and sugar and a flannel. [Having examined the flannel and the selling ticket- thereon, the witness had no doubt it was the one he sold, but would not swear positively.] The billy I sold him was the size of the one now produced. lam satisfied that the prisoner is the party who was. in my store. 1 took a note. at tbe time,: I had my suspicions about him. He was in a great hurry to get away, and gave me what I asked for everything, a custom not usual among diggers, as they always want an abatement. Sergeant lSmith! deposed": Lwas in pursuit of , the prisoner on the evening of Bth September. He was described to me as a low-set, ill-looking fellow. Had on dark clothes. I fix "the- date from my diary which I kept. I was present on Ist December 1 nVDjmedin, when. Dow identified 1 , the. swag. He described the articles Before the same were opened,, and recognised an unfounded pair of trousers, as the one prisoner had on when in his (Dow's) hut., •.'.» 'i

Matthew Pope deposed : lam a carrier, Blue Spur. On 9th -Se.ptemlasfc, I was engaged near Tuapeka Bush, carting firewood. I remember seeing the prisoner on that day. I saw him on the road south of , the. Tuapeka Basin. This was about 2 oj*3 o'clock in the afternoon:. I know'Dbw's hut. I could see the hut from where the prisoner and I were standing. The prisoner overtook me. He came from the direction of Dow's hut. We were then about three-quarters of a mile from the hut,- in a straight direction. He spoke to me. I have no doubt of his identity. [The prisoner was again made to put on his hat.] I know the date because I saw Dow nexfrday, and he told me he was robbed, and also from memo, in my possession. The prisoner was carrying a swag. -Jt.ap-. ! peared to be rolled up in calico, James Dow, recalled : I rememOTi^ meeting the last witness on the day after the robbery. I told him of the robbery. He said he saw a -man answering to the description on the, previous day. .. .

Bawyer, residing at Maungatua. Iremember 16th November last. I t ie--j^rnber finding on top of Maungatua 1L .about five, nules, from, Outram, anT.a&out foul: tiiHs from- Harvey's Mat, two pair of blue blankets and other articles. They were under an old tent, hanging over a flax line fastened.to two poles..- One Charles Duncan- was along with me at the time. I rolled them all up, took them to ILorvey's Flat, and put them inside an old store of Briggs'. I locked the door and took the key with me. I then went to West Taieri and informed^ the police, having heard they were in search of the swag. At this time the prisoner was undergoing sentence in Dnnedin. Constable Carter went next day and took the articles away. He examined the articles hi my pre-, sence. [The articles were identified by witness as. those found ,by,bim on Maungatua' ranges.] Constable Carter deposed : I am mounted constable at Teviot. In November last I was stationed at West Taieri. I remember 17th November last proceeding to Briggs' store,-' where I found the articles now produced, under lock anil key. I took them to the police station. I know the prisoner was arrested. by Sergeant Moore about 200 yards from Briggs' store. The spot where the articles were found was pointed out to. me. , The prisoner was arrested about three miles from the spot. Detective Thomson deposed : lam

chief detective officer, Dunedin. I • received the articles now produced the day after they were taken possession of by Constable Carter. They were sent to me by coach to Dunedin. The articles have been, in my possession ever since. This •concluded evidence for the prosecution ; and the prisoner, having nothing to say, was committed to stand his trial at the next sitting of the Su-

preme Court. The Bench complimented Detective Thomson and the police upon the able manner in which the whole of the case had been conducted.

Thursday, Ak&il 22., Before W. L. Simpson, Esq., R.M.) Pearson, v. Hunter.— Claim, £5, for damage done by cattle of defendant to fence,, <fee, of plaintiff. Mr. Richards appeared for? plaintiff, and Mr. Keen for defendant. Mr. Keen applied for a nonsuit, on the ground that the bill of particulars was not in accordance with the requirements of the Act, that neither the' date on which the injury was done nor the locality were specified. The application wa»granted, costs of Court only being • idu^ve^t Mr. Richards stated that he had not been supplied with dates, hence th omission. He would, there--fore, submit to a nonsuit, and . endeavour to bring the cape more fully before the Court on Monday next.