SUPREME COURT—WESTLAND DISTRICT.

West Coast Times, Issue 106, 19 January 1866, Page 2

SUPREME COURT— WESTLAND DISTRICT.

CRIMINAL SITTINGS. (Before his Honor Mr Justice Gresson.) Thursday, Jan. 18. The Court opened at ton o'olock. Mr Duncan prosecuted for tho Crown, PEUJURY. Alfred Jllorsington surrendered to his bail, to answer a charge of having committed on tho 17th of August last, in tho Magistrate's Court at Qreymouth, wilful and eorrupfc perjury. Mv South appeared for the defendant. The Crown prosecutor said, that he had looked very carefully over Hho depositions, and had come to the conclusion that thero was nofc sufficient evidonco to maintain, the charge, and he therefore declined to offer nuy evidence against tho accused. His Honor qnito coincided in this view, and the,;' ury by his direction acquitted tho prisoner, who was at ouce disoharged. THK KANIKItI CAMP KODIIKKY. George Widonham, Arthur Ncalo, Robert Lydell, and Simon Day, were charged with having burglariously broken into the dwelling house' of Timothy Gleoson, and Patrick Sweeney, on the 18th of Decembor, at the Kaniori, avd stolen therefrom sundry moneys and othor articles. The prisoners were undofended, and pleadod not guilty Lydety who was extremely deaf, was allowed to leave tho dock and take up a position close to tho witness box. Constable Qleeson said, he was a police constable stationed at the Kaniori, t and knew tho prisouers by sight. They lived at the Kanieri about ono hundred yards from tho police camp at tho Kanieri. On tho night of the- 18th of December last, witness was stationed ut the Kanieri and lived in tho barrack-room theie. About nine o'clock, witness wont out on duty, constable Sweeney being in tho same room with him up to ' that time. Sweeney loft on special duty a fow minutes boforo witness, and they met in tho township. They romained together t.UI about half-pabt oleven o'olook, when tbpy returned to the barrack-room in company.' On' arriving thero they .found the door open. Wlion witness left at nino o'clock ho had shut tho door and latched it, though ho did not lock it. When ho left, thero wcro two regulation ro;-cs in the tent, one belonging tq Sweeney and tho other to witness, and theso wcro missing when thoy returned. In his box he had one tunic, two pairs trousors, a pouch and belt, a waistcoat, a rattle, n manual of police regulations fcix pairs gloves, two Ciimean and two flannel shirts, six pairu socks and stockings, a watch, and about ton private letters in envelope*, and somo bills of oxchange. They at once reported tho robbery to Sergeant Clements who was in tho next sleoping room, and then set out in search of somo traco of the thioves. After some timo witness found his box about fifty yards distant from tho barrack -room, and in tho Bomb. Tho lid wns torn open and tho o nitonta strewn about. A short difltfuioo further on they found Sweeruy's box «ho iv Uw sovub, 'jho, \{l

was open and tho lock had la-en bioken The contents wero llnown about in a similar manner to those of witness's. They collected the things t lying about, and put them into tho boxes again and took Ilium back to tho bat nick -room. Amongst other things, witness missed eight or ' ten private letters that weio in tho box when he left the banacks, and also four bills ot exchange which were round" the envelopes of the letters, tho whole bundle being tide with red tape. Hirly next morning witness got up to renew the search for tho stolen property. About six o'clock he went to tho tent of Widenham and Nealo, f.nd about four yards from it on the top of some branches found a chamois purse. The purse produced was tho same. Witness took possession of it and went to tho tent-door of tho two last-named prisoners, both of whom seemed to be asleep. Ho looked round tho inside of the i tent and saw a lot of bunieJ paper lying in tho' fireplace. Witness examined the ashes, and found tho piece of tho envelopes produced, which bad not been consumed. A portion of witness's name was remaining on it. Witness then arrested Widenhnin and Nealo, nnd cautioned them. They made no statement whatever. Witness took them to the camp, and when in tho, sergeant's room asked tho prisoner Keale if he' had any money. He said ho luici none, when witness told him ho would search him. Nealo then put his hand into his tiousciu' pocket, pulled out some papers, and began to tear them as fast as ho could. Witness caught hold of bis hands, but he still endeavored to. tear the papers, when the sergeant also seized his hands, and prevented him from doing so. Witness then scinched him, and in his light -hand trousers' pocket found a LI note. The note produced was the same, and boro tho signature of G. G. KilzGeruld, 11M., and also the initials P.S. with the letter A. Sergeant Clements and witness went back to tho tent of the prisoners, and commenced to pull it down. There was a slab boarded floor in tho tent, which they took up, nnd under WidenJiam's bed and under ono of the slabs witness found a piece of newspaper, in which was wrapped an envelope. In tho envelope again weio two L 5 notes. The envelope belonged to witness, and was in his box on tho night previous. The notes produced and the envelope were tho same. The sergeant then arrested Day and Lydell in a tent about a foot and a half separated from Widenlmm nnd Neale's, and they were takpn to the lock-up. Witness remained in charge of tho tents till a further search was wade, which took pl.ice in company with constable Howard. Witness was present rrhon the latter found a Id note and a half-sovereign, tho half-sovereign being wrappedjup in tho noto. Tho noto and tho halfsovereign produced wero tho same, and < were found uudor Ncnlo's bed. Witness hud hud tho half-sovereign for nbout a month boforo. ■Two days previous to tho robbery ho had changed a £5 note for constable Sweeney, and gave him that half-sovereign in change Ho recognised il particularly, beenuso beforo giv- • ing it to Sweeney ho bent it in tho manner that it then was with his teeth, nnd one day previous had notched it with a tile, ire hnd no special reason for notching it boyond the fact that he did not value it, us ho thought it was so battered that no one would chnngo it ; and so set no value upon it. He hnd known the prisoners for about four months, nnd the whole of them lived together, cooking at the bamo fire, and living at tho san.o table. On somo occasions ho had soon Day sleeping in Widenham nnd Scale's tent. The tents of the. prisoners nro nbout 100 yards distant from tho barrack room. Ho snw the four prisoners at tho Kaineri on tho night of tho robbery. He was certain it was after nine o'clock when he left tho barrack room. Witness nnd Sweeney slept and bad their meuls there for ovor six. months. Tho writing on the envelopes produced was that of witness' wife. To tho prisoner Widenham-- 1 know the two £5 notes were tho oaino that I found, for ' I then put my nunio on them. I did not prove that the four wero mates, I merely took you for mntes us you lived together. To tho prisoner Jfoalo— l did not search you till you woro taken to tho camp. 1 then searched you in tho prosonco of Sergeant . Clements, and found the £1 note in your right hand trousers pocket. Tho papers that you wore attempting to tear up nro in tho possession of tho police. (Tho torn picccß wero produced.) When you lojo up the papers you woro in tho barrack room. To thb prisoner Lydell— lt was in Nealo's pocket that I found the £1 noto. Constablo Swconoy, stationed now at Hokitika, was stationed nt tho Knincri on the 18th of Decombor Inst. Ho stated thnt when ho left tho box in tho room it contained throo purses, a police manual, sundry letters and papers, somo of tho letters in envelopes, ft regulation rattlo, nnd a pair of handculls. Ono . of tho purses contained from £60 to £70 in notes, two doposit receipts, onp for £300, tho • othow for £200. Tho second purso contained a £1 note,' 3s or 8s Gd in Bilver, nnd nnother purse, a prisoner's property. Tho third purse contained a . business license in the name of Stephenson. Thero was alsoi-onio other money in tho box, but he could not tell the exact amount. The L6O or L7O consisted of one L2O note, and tho rest were L/ 5 .notes, though thero might have been one LlO note nniongst them. He had small notes, in which were some lmlf-sovereigns, one of which he could identify Tho half sovereign produced was the one, and the LI notejn-oduced ,vith Mr-FitzGerald's name on it was a note that witness was retaining for the prosecution of a prisoner, nnd hnd been left in witness' charge. Tho two L 5 notes he could not identify, though one- of them was like the notes lip had, and which .were obtained from the Bank of New Zealand. All this property was safely locked up in his box when ho left the barrack room. (Witness then .proceeded to corroborate the evidence of Constable Gleeson as to missing tho box, nnd finding it with the contents abstracted, arresting and searching the piisoner, and discovery of the notes, envelopes, &c. ' To Prisoner Widenham— l cannot swear to either of the L 5 notes. To Lydell— l searched your tent for stolen pioperty on the night of the robbery, and you then niade no objection. I found nothing on that occasion. Tho reason I had suspicion of you was because you were never seen to do any work. To Day— l havo seen you- at the Kanieri, several times in company with tho othor three prisoners. Sergeant Clements, who was in chargo at the >. Kanieri on the night in question, gave similar evidence as to what ocoui red after tho robbery, the arrest and search of the prisoners, «Vo, To Widenham— l cnu provo that you aro mates, for you (old me so yourself. There has ; been no ill-feeling between mo and you. Lydell »•■ •feffi 0 day st ° l)1)Cl1 " 10 ou tho tr «<* and asked mo G-' 'Why I had the presumption to enquire after him. At the time ho had a tomahawk, in his hand. To Nealo— When I searched you I found money on you. You put your hand into your pocket and pulled out some papers, which you commenced to tear up at that limo. I did not have a LI note ■ in my hand when I searched you. To Lydell— A few days previous to tho robbery I did make some enquiiies about your character, for special reasons. When you spoke. to me I did tell you to stand out of my way. I did not tako out those boxes, open them, and strew tho things about between your tout, and the Camp in order to couvict you. To Day — When on the morning of the robbery I asked you where your mutes were, you pointed * to Nealo's lent. I anestcd you, but did not either draw my pistol out or fire a shot over your heads ; neither did I .say that I would shoot yon clown like rals. I did not take you out and ask you whether you knew that Nealo and Ik Widenham had taken the box.es I was down in tho township in tho early part of tho evening but did not neo yon thoro. I did not know that you had a claim at the Kanieri, neither did I ever sec you sell any gold. In reply to his Honor, the prisoners said thoy had no witnesses. Widenham haid, this was a onso of animosity, and who planted the money in his tent he could not tell. Ho only wished ho could bring tho parly to justico, but as it wns, it was probablo that 1)0 would havo his liberty sworn away. Hjs Honor will, that uqu of the stolen pro*

party had liccn found in his I'lit.aiul for lindin^ the thief a p.ut was as «ood <i< (ho, whole. Widenham denied that ho could toll how the property cjiiiip there. Tho prisoner Nealo declared tht.t ho know nothing whatever nbout the robbery. His Honor asked, how that could be, when a pan of tho stolen properly was actually found on liia person ? IIx» jepeated that he knew nothing nhouc it. Tho prisoner Lydell declared that the pioscoution wife only got up through spite on thepait of tho police, and declared thai he know nothing whatever about tho robbery. Day, asserted that he was at a dancing-houso till half-past 11 o'clock, tho time when tho police discovered tho robbery had btcu coinmi i tod. I lift Honor pointed out that thero was amply Millicient evidence to sustain the dim ge of burglary against somo one ; for in tho first place, tho premises in question had been broken into in tho legal sense of tho word, by lifting tho latch of tho door, and tho ollenco had been committed between tho hours of !> o'clock in tho evening and 0 o'clock in tho morning. Tho question for the juiy was, who wore tho parties i lint committed tho burglary. Wero they satisfied that tho four prisoners had done so ? lfo proceeded to anaJ\zotlio evidence, and concluded by ol'sorving, that it was s^tiong ftgrtinsl Ncalo, suspicious against Widenham, and slight agiinst tho other two pri.soneis. Tho jury letircdfor coihsultation, and on tfyeir loluni into (Joint found Ncalc and Widenham guilty, and acquitted Lydell mufDny. Tho two laltur were therefore discharged. His Honor .sentenced Nealo and Widenham to iwo yciiis' iinpitaoumcnl each, with haul labor. lU'HOIjAIIV, John Henry Brown was obnvgocl with burglariously entering tho dwelling houso of John O'Dca, with intent locomniil a felony, nt Urovinoulh, on the slh of October lnsl. Tho prihonor wii3 undefended. Constable Flanagan said ho was stutioncd at Greyniouth, and was thoro on tho sth of October lust. On tho night of that day, about 12 o'clock, ho was passing tho Shnjhrock II of el, whon ho observed tho prisoner on his knees closo to tho wall of tho hotel. ITo was n« witness thought attempting to get underneath tho calico. Tho house was n tent on a woddon frmn'o. Thero was a small tent by the side of tho Shamrock, nnd witness thought that prisoner was somo ono out of tho tent. Witness wntchod pi isoncr for a fow minutes, nnd in order to do so went to tho end of tho small font. From thoro witness saw prisoner put his arm and shoulder .underneath tho calico of (he building, but prisoner either saw or heard witness then, for ho fell down and protonded to bo drunk. Witness asked who that was j when prisoner stood up nnd spoke to rum. Ho said ho was looking for some men in n tent, and that ho could not find them. Thoro was n kind of passage between tho tent nnd tho Shamrock, and tho prisoner was standing there. Witness went up to the \Aai-j and on examination found tint several tacks had been crnwn, nnd an opening of nbout lour feet in length made. During the time witness was examining, this place the prisoner escaped, but tho former followed and arrested him. Whon limited ho nindo no remark. To tho prisoner— l was nbout live ,or six yards from where I snw you lying. 111 1 was a rullici 1 dark night, but"l swetu 1 positively that I saw you with your hand under tho calico. When I went up to you first I said nothing about putting your hand under tho calico. By his Honor — Prisoner Btatod that ho belonged ton schooner in tho river, but that ho could not get on board, and that he was looking for somo men he knew. To tho prisoner — I might hnvo said you had no business thero at that tinio of night. I do not recollect any person overhearing all that passed, but a third person did appear for a moment. When you left, you moved oil 1 quickly. You hud no appearance of having had too much to drink, no far us 1 could see of you. I hnvo seen tho depositions since that date. 1 do not think tho (car in tho calico could huvo been niado by your fulling against il. Ey n juror — Tho hole was occasioned by the nails being drawn from tho board (o which the bottom of tho calico was tacked. lly his Honor — Witness taw prisoner working as it wore on tho side of tho house. Tho rent appeared to bo quite fic;>h on exnminntion t ho next morning by daylight. Prisoner's arm was in tho lent under tho calico us films tho shoulder. My a juror — It was rather v dark night, and witness was distant five or six yards, but tho sido of tho building was while, nud tho prisoner was dre&sod in dark clothes. JIo whs quito poMlivo that bo saw prisoner's 'arm under tho calico. Sergcunt Dyer assisted in (ho capture of, tho prisoner, who passed him at a quicK pace, but was subsequently arrested by Couctublo Miiuugnn. After his arrest, they went back to (ho Shamrock Hotel, nnd demanded admission, which was immediately givon. Ho examined tho premises, nud found that tho tacks, for iv distnnco of thrco or four feel, hud been drawn. In ovcry olhor purl tho tacks woro perfect. Witness then wont into the bedroom, whero tho prosecutor nnd his wife had been sleeping, and right opposite to whero this hole hud been made, was n box in which Mrs O'Dca kept her- money. Sho oxamincd till the articles, and looked into her purse, and found that nothing had been taken nwny. To the prisoner — When wo brought you insido there was nothing ini.«siug, nor was any thing disturbed, as stated by Mis O'Dca. lly .a juror — Tho tacks wero not adhering lo the calico. Ho did not think it possible that the hole could havo been made by ii man falling against tho house, cither fiom the out or inside. John ODea said that in October last ho kept tlte Shamrock Hotel in Greyniouth. Ho knew the prisoner. On the morning of the 4th witness saw him in his (witness') placo. lie came in like any other customer to have a drink, and then wont away. Ho was not in tho habit of coming to witness' place, and he never saw him befoic that he was aware of. The houso was divided into four rooms, and was on a wooden frame, with a hoard run round tho bottom lo tuck tho ailico to. The front room was the bar, tho next the sleeping room, with v doorway nnd a calico cm-tain, but anyone could sco into tho bedroom from one end of tho bur. lie always kept his money in the bedroom in a trunk, under tho head of tho bed, and this trunk was near lo tho calico. When piisoner caino, witness did not have to give him change. There wero other customers in the bar at the time ho was there. On tho night of the 6th, witness went to bed nbout 11 o'clock, but ho did not exuuiino tho calico to sco if any of it was ripped, for ho had no reason to think that it was. Ijutween twelve and one o'clock witness was roused by Constable Flanagan, and asked to look at the pii&oncr to see whether ho (prisoner) was drunk or sober. There was about throo feet of the cdico lipped at the bottom, large enough to allow a. man to put his arm in to the shoulder. The rip was near where the trunk was. The money, a^ received, was generally fust put iulo the trunk and afterwards intd Miy o' Pea's purse, and she would give change from the trunk. To tho best of his belief, the calico was securely nailed when witness went to bed. The trunk was locked, and tho key was not in it. A person could get his hand in at the rout as far as the box, but could not reach far enough to riibo tho lid of tho Uunlc and put his band in. To tho prihoner : A diunK'ii man fulling against tho sido of a building like ilml might very easily make snch a rip. Theic was a right of way along the side of the house, between that and the adjoining tout. Hy a juror: The tacka adheied lo the Wood where tne lent was. The prii-oner denied that ho had mado tho holo at all, at, least ho did not know of il. Ho had been drinking that night with some old shipmates, and bad got drunk and fallen against the Kido of the house. Tho constable came up at the very time that ho was in tho act of getting up, but ho doolared that ho uovcr had tho least idea of committing any felony wlmdevev,

His Honor; in Miiiiinin,; up, ilclincil wlul. con.siilulcil l)iir;;laiy, all tlio c.^cntial iii^icilif uts of which, ho considered woro to lio found in Hub Cii*p, provided tlic jiuy were of opinion (hat tho piisonei* had actually commit led tho no', imputed to him. The jury acquitted the pvismcr, Tho Court then adjourned till tin next [this] day (U 10 o'clock.