SUPREME COURT, LAWRENCE.

Tuapeka Times, Volume VII, Issue 391, 16 September 1874, Page 2

SUPREME COURT, LAWRENCE.

Tuesday, 15th September. (Before his Honor Mr. Justice Chapma4Pj Queen v. Cowan. — The Grand Jury found no true bill. Queen v. Yuh Sow. — Mr. Mouat for the Crown. Mr. Copland said he had been asked by Paul Ah Chin to appear for the prisoner. He had no instructions directly, as the prisoner could not speak English. The prisoner wag asked through Mr. Blewifcfc, the interpreter, whether he wished. Mr. Copland to appear for him. The prisoner said he did not wish to avail himself of the services of that gentleman. Prisoner was then charged with stealing a cheque the property of Alexander M'Swan, and pleaded Not Guilty. Prisoner was further charged with stealing two coats the properly of the same person, and pleaded Not Guilty. Mr. Mouat, having addressed the iury, called James M'lntosh, coach driver, who deposed — I know the cheque produced. I paid it to M'Swan on a Wednes'lay in April, It was the Wednesday following the date of the cheque. I know the signature. It is Job Wain's. Alexander M'Swan, groom in the employ of Chaplin and Co., residing at Round Hill, deposed — I know the cheque produced. I received it from James M'lntosh. I received it about the 27th April. I put it in the packet of nay coat. I left the coat iv my bedroom, in the far end of the stable. The stables are ten stalled, with three entrances — one at front, one at back, and one into the loft. My bedroom is near the back door. I saw it last on the morning after I got it. I went to get a cigar out of my pocket that day. It was there then, Afterwards, when I had occasion to go to my pocket on the same day, the two coats were taken away. The pocketbook in which the cheqne was was in one of them. To his Honor — I did not authorise anybody to take them. Arthur Stewart, son of James Stewart, of Round Hill, deposed — I know the prisoner. [ saw him one day at the stables. I knew bim before- He used to deal with my father. To his Honor— l recollect the day the property was missed. I saw the prisoner on that lay at the stable. The stables are on the >pposite side of the road from my father's place. Arthur Stewart continued— l was near nrisoner at the time. It was about 11 o'clock. [ knew him by sight. I left him and went nside. I was inside for six or seven minutes. CVhen I came out I saw him going towards he stable. I saw him coming from tho table with something under his arm. I don't emember what it was like. I was about the • >readth of the Court from him. I remember he coach passing that morning.

To his Honor— He had no bundle when he Trent to the stable. Arthur Stewart continued — This was about three-quarters of an hour after the coach passed from Lawrence. I remember going to Waipori with Sergeant Farrell. Prisoner was with a lot of Chinese. I knew him again. There were a great number of other Chinese . there. I pointed him out to Mr. Farrell and Mr. Boyd. Joseph Cox, storekeeper, Waipori deposed — -I know the prisoner, I saw him first about the fourth of April or May in my store at Waipori. I had transactions with liiiu. The prisoner tendered the check produced in payment of some goods purchased. I asked him where he came from, he said he came from ■ the Round Hill, and that Le was working at the Lammerlaw at Waipori. This is the oppor ite direction to the Storm Channel. To his Honor : I gave him goods and cash for the cheque. James Farrell, Sergeant of police, deposed — I remember going to Waipori, constable Boyd was on duty with me, also the witness Arthur Stewart. I searched several Chinese tents at the Lammerlaw and Storm Channel, was searching for the two coats. I found tho two coats produced in one tent at the Storm Channel. I planted them again and left them there. Stewart was with me, I then went down to the flat where some Chinese were working. They knocked off for dinner as I got down. The prisoner was there. Stewart pointed him out to me. I asked him to show me his tent, he took me to that in which I had found the coats. I recovered the coats. I asked him where he got them. Said he bought them from a Chinaman, I asked him how much he paid, he said " two • pounds." He seemed to understand me. He said he paid £1 for a cheque. I arrested the prisoner. This was the <?ase for the Grown. Prisoner Said I have been at work for five months for Mr. Mackenzie, and was continually dealing with Mr. Stewart for stores. I bought the coa,t from a Chinaman for one pound. After I had bought it, I went with him to Waipori ; his name was Ah Fook. While we were walking from Round Hill < o Waipori All Fook took out a cheque which he said was worth £7 10s, he gave it lo me to buy myself trousers, I was to give him the change. I then went to work. While at work the police authorities found me out and charged me with theft. How they found the things I don't know. The lad knew me of course by my appearance, as for the cheque I bought two pair of trowsers and gave back the change to Ah Fook. This is all, had I stolen the goods I surely would not have been bo silly as to leave them in my tent. Now as I am on nay trial if you think me guilty I am ready to undergo my sentence. His Honour, in summing up, spoke highly of the way Arthur Stewart gave his evidence. The tenor of what his Honour said was unfavourable to the prisoner. After about five minutes the jury returned a verdict of guilty, and the prisoner was sentenced to eighteenealendarmonths withhardlabor. He would have got a heavier sentence but that it is his first offence. The Judge having intimated tnat he had some doubt as to whether the second charge could be maintained, Mr. Mouat did not offer any evidence, and the jury acquitted th^prisoner.