RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 88, 28 December 1865, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGeiuld, Esq., E.M.) Satueday, Deo. 23. Larceny. — Jamee M'Kenna was brought up on a remand charged with stealing a rug tho property of William O'Brien. Mr. Oakes defended tho prisoner. — Prosecutor proved, that about five or six weeks ago ho lost a rug from his tent on a Saturday night ; he identithe rug produced as the one ho lost. — Another witness proved, that the rug had been repaired by her for the prosecutor; she saw it in possession of the jirisoner, and told the proprietor of the place it was in, that it belonged to O'Brien. — The was again remanded for eight drtys at this stage of tho case, in order to procure the attendance of the constable who arrested the prisoner. — Mr. Oakes objected to the remand as he considered that during the eight days the prisoner had been in custody there had been ample time given to tho police to complete their case. — The Magistrate thought there was quite sufficient to justify the remand. The Kanieri Robbery. — Robert Lydell, George Whittingham, Albert Day, and George Neil, were charged with having broken into the barrack room at the police camp at Kanieri, on the night of the 18th instant, between the hours of 9 and 11 o'clock. — Constable Gleeson said, lam a constable, stationed at Kanieri, and on the night )*.. of the 18th instant, was in the barrack room there about 9 o'clock in the evening ; another constable named Sweeney, was with me, and wo left a little f.fter 9 o'clock to go down the town. The regulation boxes of Sweeney and myself were at that time safe. On going out wo closed tho door, but did not lock it: wo latched it. Wo remained in company till abo\it 1 1 o'clock, and retired together. Wo found the door of the barrack room open, but did not think anything of that. The barrack-room is a framed tent with a boarded floor. I had resided there four months. On going ; into the room we 1 found our boxes gone, and ' at once reported tho fact to the sergeant in charge, Sergeant Clements, who lived in the adjoining tent. Tho three commenced a search in the bush round the camp, and we found my box abou& 60 yards off tho polico tent and the same distance from the tent occupied by the prisoners. The box was torn open, and the contents were lying round in the tfcrub. There was nothing missing but letters 1 rolled inside a bank reVceipt, which gave them the appearance of bank notes. Most of the letters were from my wife in Victoria, and some from my brother. I know my wife's handwriting, and can swear to it. After finding my box, we searched for, and found Sweeney's about, 20 yards from mine. His was also broken open and the contents strewed about like mine; but some £60 or £10 that had been in

it, was gone. Wo searched a few suspicious tents that night but discovered nothing, and went home. Tho boxes, &c, we had previously taken to the camp. We got up at 5 o'clock next morning, and I visited tho tent of the prisoners about 6 o'clock, and saw a purse about four yards from it. The purse -was thrown on a few brambles, and the one produced is the same. I went to tho door of tho tent and saw thoprisonersNcilaiulWhittinghainlying in bed asleep. There was a fire-place in tho tent. I went into the tent, and, amongst the cinders in tho fire-place, saw tho remains of burnt paper. I turned these over and found about two inches of an envelope, and found some portion of my name on it. This was a portion of a letter addressed to mo by my wife, that I can swear was in my box the night before. The piece of envelope now produced is tho piece that I found in the fire-place. I woke the two prisoners up, and after cautioning them took them to the lock-up. They made no statement whatever. I asked tho prisoner Neil if ho had any money about him, and ho replied that if he had it was his own. A^; the same moment he pulled some papers out of his pocket and began to tear them up as fast as he could ; but the sergeant and myself stopped him and searched his pockets. On the right-hand side we found a note marked A, with G, G. Fitzgerald, R.M., on the back. It was also marked with the initials J. T. Tho note produced is the same. Wo locked up the two prisoners, and went back to the prisoners' tent, which we pulled down to search for the stolen property. I found a bit of newspaper tied with red tape, and this enclosed an envelope within which were two £5 notes. The envelope was addressed to me, and in my wife's handwriting. I can swear it was in tho tent the night of the robbery, for the letter it enclosed had only arrived a few clays previously. At the back of the tent where the two first prisoners were arrested thero was another occupied by tho prisoners Day and Lydell, and we arrested them there immediately after finding the money. I stopped in charge for the purpose of searching tho tent, knowing that tho four prisoners were mates. We found a £1 note and half-a-sovereign under one of the beds, the half sovereign being rolled up in the note and put under Neil's bed. Tho half sovereign produced is the same, and I know it particularly, for I had it in my possession several weeks, and I gave it in change to Constable Sweeney. I more particularly know it because I bent it in the way it is before the robbery.— In reply to the prisoner Day, witness said the two tents were not more than a foot apart. — By Whittingham — I did not see you out selling fruit on the night of tho robbery. I arrested you on the Tuesday. There was a box witlntf few walnuts on. the table of the tent. I have seen you sometimes selling fruit about tho township. — Constable Sweeney corroborated tho testimony of tho previous witness as to going out, finding their boxes gone, tho search that took plaice, and tho arrest of tho prisoners. Out of witness's box three purses were taken; one of them contained two deposit receipts, one for £300 and the other for £200, and between £60 and £70 in notes, but ho could not tell the exact amount ; another purse contained a business license -in tho name of Stcphenson ; and the third contained a £1 note, about 3s 6d in silver, and another purse. The note was endorsed with witness's initials and the name of G. G. Fitzgerald, R.M. There was also some other money in his box, tho exact amount of which he could not say, but thero was a half sovereign he knew amongst it, and the one produced was the same. He also identified the purse and the £1 note referred to as. being his, and they were in his box on the night of the 18th instant.— Sergeant Clements, in charge at the Kanieri, merely corroborated the evidence of the other witnesses, and added nothing new.— When asked what they had to say, the prisoners contented themselves with denying their guilt. — They were fully' committed to tako their trial at the ensuing sessions. The Court then adjourned.