SUPREME COURT-WESTLAND DISTRICT.

West Coast Times, Issue 109, 23 January 1866, Page 2

SUPREME COURT-WESTLAND DISTRICT.

CRIMINAL SITTING. (Before His Honor Mr. Justice Urcsson.) IiAUCKNY.

Patrick Hcrrignn was charged with stealing a quantity of wearing apparel, iho property of Mrs Allen, in July last. Mr South appeared for tho prisoner.

Mr Duncan prosecuted for the Court.

Mrs Allan said that on tho sth of July last, she arrived by tho Oiueo in the roadstead, and landed by the Maid of tho Yarra. .She had a good deal of luggage, nnd ono box, a light blue one, fcho had always in' the cabin with her. On leaving the Omeo, .she had it corded up. Previous to leaving, she put into this box a dress, a white petticoat, and two night dresses. There wore also a pair of drawers, two books, a small clonk find stand, three babies' loti<^ frocks, ono long robe, two long petticoats, four long flannels, five short white fiocks, one blue llannel, four short white petticoats, four flannel petticoats, two flannel night d roses, five babies' night dresses, eleven pinafores, a French merino dress, a scarlet cloth mantle, a white French morino shawl, two small flannel shawls, and a variety of other tlungx. She saw the box pul on board tho Maid of the Yarra, and nfc that time it had a carpet bag, belonging to a friend of witness, attached to it. A gentleman named (Jpjohn enmn to meet her, and sho asked him to look after this box, but he subsequently told her that lie could not find it, nnd she had not seen it since. Early in October sho called on prisoner's wife, and saw a white potticoat on her baby and a scarlet jacket, and sho identified them at once as her property, and as having boon in tho box when sho lost it. A small money box that was also in tho box sho lost wa.s like one on the shelf in Ilorrigan's houso. Sljo guvo information to tho polico, and Detective Howard searched the houso iv witness's presence. Sho then saw several thing. 1 ! that sho could swear to as being horn, and that wore in tho box. Those wcro a night dross, threo long flannels, a baby's shirt, a cuff of a dross, and oilier things. All those articles woro in tho box when witness lost it. Sho noyor gavo thorn to any ono or authorised any ono to tuko them nway. Sho had soon prisoner's wifo onco in Invorenrgill, and was a fellow passenger of witness in tho Omco. On tho Glh of October, after tho houso was searched, sho saw tho prisoner who camo to (ho houso. Ho scorned in a groat way, and ?aid ho would do anything rath or than that tho case should go into court. Ho also said his wifo had borrowed the things from n man naniod Wolsh, and (hat ho would givo any amount of money rather than that the easo' should go into court. Cross-oxamincd by Mr South— Tho inonoy box was like ono wilnoss had, but sho would not swear to it. Sho positively swore that tho night dress produced was hor's sho know it by tho work, for sho inndo it herself, and sho know her own work tmywhoro. She could not oxplnin Iho diflbronco between her work and the work of any olhor fomnlo, but sho could rccogniso her own work. Tho witness Mas further cross-examined as to this knowledgo, but adhered to her .former statement that sho had mado everything that was in iho box. Sho gavo olhor reasons for recognising somo of tho nrliules, none of which wcro marked. Sho had not seen tho box. Tho first thing Hcrrigan said on seeing wilnoss wa3 "You hnvo boon down to my houf.o, l 'believe." This was about, six hours after fho polico had been to tho house. Prisoner's wifo had boon confined a short timo previously. At tho snmo timo, holbro ho paid lie would rather do anything than the ail'air should go info courl, ho snid that ho lmd borrowed tho things from Patrick Wolsh. . Sho did not vcmombor his saying that Welsh had gono away, but lid said lie would pay any vnluo she laid on tho bo\ sooner than tho case should como into com (, for ho did not wish Jris character injured. Ho nover in tho smallest dogroo admittod Hint ho had stolon tho things. Mrs. Hcrrignn eamo to witness's houso to see her as a fellowpassenger. This was about tho end of August. She only called oneo before, but she camo up tho morning after' her houso was searched. She eamo up to ask • them not to press the ca&e. When the house wa.s searched, pi isoncrV wifo said that Patrick Welsh lent tho things ; but at first she said sho had had fho things for years. Sho asked witness to sit down, nnd that sho would tell her how sho came by tho things. Witness did so, and f-ho 'mid that Welsh had borrowed them for her for her confinement.

Robort Upjohn went to moot Mrs Allen in tho Maid of tho Yarra, as Mrs Allen was lying sick at the time, 310 went to look for a box lluvt she doscrihed to him — a light bluo colored box. Whilst thcro, two moil eamo on board, nn-1 one of them leapt down through tho hatchway. The other was about to follow, when tho one in tho hold told tho other not to como down. Ho could not identify tho prisoner as one of them, though his staluro was tho same, and ho answorcd tho description of tho man who was along with Patiick Wolsh that morning. Patrick Welsh was tho othor man, ho could swear. Tho prisoner called out to Wolsh that ho had found tho box, and passed a box on dock from tho hold to Welsh. It was a light bluo box, but. ho did not nolico it was fastoned in any particular way, and ho did not pay any particular regard to its dimensions. Prisoner lifted tho box on to Welsh's shoulder, and |-ho two walked off together. lie first saw Mrs Allen that morning on (ho wharf alongside tho Maid of tho Yarra. Ho know Welsh peisonally, but did not know whether he was a married man or not.

By Hi*. South — Ho could not swear positively to prisi nor, as ho did not tako any nolico of his faco. Wolsli took the box away,, prisonor walking by his side. Ho had known Welsh about a week or. ton days previously, and camo to know him through his trying to pump his (witnoßS 1 ) ground. A conversation lio had with Welsh a ;fow days nftorwards made him moro certain that prisonor was tlio man, that with Welsh, took away tho box. Detective- Howard, on tho pin of October hst, wont to prisoner's house nnd searched it. 110 was uccompanicd bf Mrs. AUon, tho pro-

Kocutrix, and found Iho property, produced in court, whioh was claimed by hor. Tho noxt morning ho arrested tho prisoner on a charge of stealing a box containing thoso nrticles and others. Witness cautioned him, and ho said that his wifo got them from Paddy Wolsh. Ho know Wolsh, nnd never honrd that ho wns a married man.

My Mr. South— Mrs. Allen identified all the things produced, nrticlo by article. Sho said they woro hor proporly. Wilnoss novor know Welsh lo bo in custody, nnd when Mrs. Horrigan paid that sho got tho things from Welsh ho did not think it his duty to arrest Welsh.' Tho reason was that Mrs. ilorrigan's statement was not satisfactory. Prisonor snid flint his wifo got Iho things from Welsh, nnd that wns all he said. Ho did not sny that ho saw a box in the possession of witness.

For tho defence Mr. South called Charles Rollin, who said that he was cook at tho Dan O'Connell Hotel. Ho remembered Iho early part, of July last. At that timo tho prisoner Kerrigan used to bonrd at tho Dan O'Connoll Hotol, nnd his wifo livod thoro too. 110 know Wolsh, nnd had scon him with prisoner about that timo. Ono afternoon, whon witness wns fetching walor, prisoner remnrkod thnt it wns n long way for him to carry walor. At this limo Wolsh and prisoner wcro together, and tho former had a bundlo of clothes in his hand. Wolsh wnnlod lo five the bundlo to prisoner, but the latter wucl, l< ho did not care much about having it." Welsh said, " theso things will como very handy to you and your wife." Witness did not hear his reply, and tho last ho saw of the bundle was its being in Welsh's hand, lie could not tell what was in the bundlo, but some of tho things looked liko children's clothes. A short time before this, Mrs Ilerrigan had been confined. Ho did not know whero Welsh was then, but he frequented the houso for a month or so afterwards. It would be about August whon he saw him last

15y tho Crown Prosecutor — Prisoner's houso wns at tho back of tho Dan O'Oonncll Hotel, where witness worked. This is not a great distnneo from tho wharf. Tho conversation took placo in the prisoner's house, Mrs Ilerrigan was there, prisoner was sitting on a box, and Welsh was standing with a bundle of clothes iv his hand. Tho cover of tho bundlo was white, and the bundle wns a lather large one. Wolsh did not sny whero he had got the things.

By his Honor — Mrs Horrigon was at the Dan O'Connoll at the time, nnd nt tho time wns confined to her bed. She did not leavo her bed for a few days afterwards. Welsh frequented tho houso there often afterwards, but ho never brought a bundle to tho Dan O'Connell that witness was aware of.

Mr South addressed the jury for tho prisonor, md contended that no felonious taking had beon proved. The last witness had proved how iho articles had come into the possession of tho prisoner, and there was nothing to cast doubt on his statement.

15y permission of the Court, Mr South at this stage of the case wns allowed to call another witness that ho had omitted to call before,

Peter Smith, a bmtmnn, know Welsh, and remembered the Maid of the Yarra coming in with passengers from tho offing. In July, Welsh lived next door to witness, in Ifcnch -street. In July witness saw a box in Welsh's tent, and asked him where ho "raised" it. Ho mumbled somothing about having to carry ifc down to Mary Power's for some one. 110 snid a Mrs. Somo ono had given it him to take down It was a kind of dirty-looking blue colour, as if it had been tin vol ling a good way. Witness remembered, when Mrs. Hcrrignn landed, prisoner and he wore working together all tho day, and went down to the vessel t° meet her. lie saw tho box the riny after in Welsh's tout. 110 never heard about this ca.so at nil till tho 17th of this mouth, when he recoived a stibpconn, nnd Mis. Ilerrigan said ho* must como, Mid say what he know about the caso. The Maid of the Yarra e/uno in early, mid prisoner worked with witness all/lay, with the exception of breakfast and'dinnor time, about half an hour for the first, and an hour for the second meal. ■ Witnoss was engaged in helping prisoner to put up his house, Prisoner did goon board tho Maid of the Yarra, but Welsh was not with him. Prisoner did not go on board tho Maid of tho Yarra at any other timo thaVi when he went with witness.

By tho Crown Prosecutor : They went on board just at daylight, when steamers could come in. 110 heard tho crew say lhat tho Maid of the Yaira had como in from tho Omeo. Whon prisoner came on shore, he had his wifo with him, but brought nothing beyond a Httlo bundle. Prisoner did not return to tho Maid of tho Yarra to witness's knowledge.

The witness Upjohn being recalled by his Honor, said it was about half-past sevon when ho saw the box taken away.

Smith, recalled, said thnt prisoner did not go to his breakfast till fight o'clock, or a little after.

Mr South resumed his address to tho jury, and pointed out in tho most marked mnnnor tho various inconsistencies thnt cxislod in tho ovidenco for tho Crown. 110 challenged tho jury especially, to sny whether they woro satisfied with tho proof offered of tho identification of tho prisonor with tho man who hnd been scon by Upjohn to hand up tho box lo Paddy Wolsli) and noxt of Iho identification by Mrs. Allon of tho articles produced in court. Sho had sworn to thorn from her recognising tho ditching and othor marks thnt sho nccopted ns proof of hor own sowing, but' Iho learned counsol suggested thnt nil such evidonco wns to bo taken with great caution. 110 maintained that neither tho idontity of tho man nor tho identity of tho goods alleged to bo stolon wns nt all established. In fact tho wholo case was enveloped in thick fog, nnd ho appealed to tho jury not to convict tho prisoner upon such uncertain testimony. There was ono man who could havo told something about tho transaction, and that was Paddy Welsh, but ho could not bo found, although ovory effort had boon mado to discover him and bring him info court. Ho loft tho caso with confidence in tho hands oftho jury. Tho Ciown Prosecutor replied on tho whole evidence, and was satisfied that ths cisc would bo held by tho jury to boar a very different construction from that put on it by his learned friend. 110 contended that tho ovidence of identification in both tho points raised was complete, and Ihe evidence given for the defence assisted materially iv establishing tho case for the Crown . With reference to tho evidencoof Mrs. Allen, who sworo to tho identity of the articles produced in Court with tho.se" lost by her, tho learned counsol said that nothing was a moro accepted fact amongst all familiar with the proceedings of courts of justice, than tho ability of woikers, whether in sewing or otherwise, to recoguiso (heir own handicraft. It was as easy as it was for v man to rccogniso his own handwriting.

In summing up his Honor remarked that to find tho prisoner guilty thojury must bo satisfied lhat ho took tho box with tho iutontion of permanently depriving tho prosocutrix of her property. If oithor thoy did not boliovo lhat prisoner was tho man who took the box, or that ho did so in mistako or with no felonious intont, fhoy woro bound fo acquit him. Ho pointed out certain discrepancies botween tho btatomonts made on various occasions by tho prisoner and by his wife in roferenco to tho transaction, ns a fact inclining ngainst tho hypothesis that the affair wns a straightforward ono. Tlio strong point ngainst tho prisoner was tho possession of tho stolen articles and the prevarication ho had shown in accounting for tho fact. His Honor concurred with the Crown Proscoutor in holding tho identification of tho articles by Mrs Allon to be comploto.

After a short, consultation tho jury found a verdict of uot guilty, nnd tl|o prisonor was disphar/jed, " " '

JIOBBEHY "WITH VIOLENCE. Gcorgo Dell and John Tracoy wore charged with having, at Groymouth, on tho 2nd of November last, assaidted nnd robbed ono Edward Welsh of a purso containing money. Tho prisoners woro undofended.

Tlio prosecutor snid ho wns a liiinor on (ho beach diggings at Groymouth. On tho 2nd of November last ho wns in a storo thoro kopt by a person named Jack. When thcro tho prisonors camo in, and Dell spoko to witnoss, snying ho wanted him to givo him somo money. Witness nsked what for 5 nnd prisoner replied on nccount of a cask of bultor that ho had sold to him (prisonor) previously. Doll anid thnt ho lind sold tho cask of buttor to tlio baker for £2 10s. Witnoss wont to tho bnkor, and left to go homo, whon Doll got hold of him by tho collar of tho coat and snid that if witnoss did not givo him £2 ho 1 wouldshako him to pieces. Witness nskod thorn lo como as far as tho tent bo lived in, nnd thoy Btnrtotl, but beforo getting thoro Doll again domanded Iho £2, nnd witnoss snid thnt if ho lot him go, ho would givo it to him. Doll ropliod, " Givo it," and witnoss then said ho could not unless ho lot him go, for his purso wns in tho leg of his trousors. Dell thon snid, " Wo will tako tho lot," implying thnt thoy would tako all he hnd. Dell thon hold witness up by tho throat, and onllod upon Trnooy to tako tho purao from witness. Tracoy thon camo forward, and took Iho purao 'from witness's boot. Witness supposed Tracoy took tho purso, for it *vvas gono when ho was rolcnsod by Doll. Both then went away, nnd witness wont to n tont" closo by. Trncoy snid nothing when ho took tho purso, but witness distinctly folt his linnd up tho log of liis trousors, just whoro tho purso wns. Tho purso produced wna tho purso talon away. At tho timo itwastakon thoro woro flvo £1 -notes, half-a-sovorelgn, and ten shillings in ailvor in it. In tho morning, ho found the half-sovereign in his boot. This occurred about two miles this sido of tho Groy. Thcro was a tout closo by, belonging to n person named Santy. Tho noxt morning, ho wont to Snntv'B tent, and Snnty gavd him Iho purso, but llioro wns nothing in it. Snnty know it wns witness's purse, becnuso on a former ocension ho hnd made him (witnoss) a present of it. Ho could not idontify any of lho£l notes produced ns boing thoso ho had lost. Ho did not sco tho prisoners ngniu till ho snw them in custody.

To tho prisoner Dell — You sold mo a keg of butter previously to this at 2s per pound. I think it camo to £9 or £10. When I wont to tlio bakor'a shop that night, I went to look at. tho butter. I offored to make an allo\tanco aftor somo lime, for it, but at first, I said you had bettor suo mo. Ido not know whether I agreed to give you £2 for it. Ido not know whether T ngrcod to nllow you anything for if. Tho bnkor might hnvo offered it bnck for less fhnn ho gnvn, but I do not remember whether lie did or not. Tho robbery took plnce outside my mnfo's tont. I had had tho purso in Hint placo for sovoral days. I npver fold you I had no inonoy ; on tho contrary, I told you if you would lot mo go I would givo you L 2. I novor told you you could search mo if you liked. I know tho approhonding' constable in this caso, Scrgt. Dyor.

Doll, wcro you over convicted of felony in tho Dunodin gaol.

His Honor, aftor somo domur on tho part of tho wilnoss, rnlod that ho was bound to answor tho question. Tho witness admitted lhat ho had been. In reply to jurors, witness said that ho wns oloso by the baker's storo when Doll first soized him," and tho reason ho did not cnll for ussistanco was that ho intended to givo L 2 if prisonor would lot him. Prisonor did not rob witnoss till tho latter had got to his tent. Prisoner did not rob him whon ho took hold of him first. Though prisoner had hold of witness by tho collar ho did not ill uso him till ho got to tho crook, whon ho ducked and sworo ho would drown witness. At tho timo when Tracoy puthishandup witness's trousora, ho could swear ho' had his purso safe. Ho missed it when ho got to tho tont. His mato was in tho tont asleep whon tho robbery was committed, Ho called out as loud as ho could for assistance, and boforo his mnto could dross nnd como out tho prisoners had gono. ' Ho called out, " Santy, Santy, I want somo help, thoy aro robbing mo." Ho roplied, '• I will bo with you in a minuto, as soon as I can put on my trousors." Thoy wcro gono beforo ho 1 camo out. Witness wont to another tent for safety, where thoro woro flvo or six men living. Ho could not lieln himself in giving up" tho purso as ho wns overpowered. Sergeant Dyer, was on duty at Greymouth, with "Sergeant O'Donnell on the 3rd of Novpmber last. Ho know the prisonor Dell, and in consequence of a warrant ho had received, arrested him in a tent near Greymouth. On asking him what his name wns, ho replied, it was John Brown, Witness told him that he thought he was making a mistake, as witness believed his name was Dell. v Tho latter then asked if ho wanted a man named Dell, nnd he snid his name was Dell. Witness then arrested him on tho charge of robbing Welsh. After cautioning prisoner in tho usual form, Doll said, that he had bought some butter, from the prosecutor, which was not good, and that he merely took his money bnck again. lie also acknowledged that ho struck Welsh. His words were " I struck him, the d— » — d wretch, and I wish I'd killed him." At th's time Dell appeared to be quite drunk. Witness took him on to the station, and found L 4 in notes, 8s 6d in silver, 2d in copper, and a miner's right. He did not give nny description as to iho manner in which he had taken the money, but said there wns another person, his mato[ with him at tho timo. Prisoner ndmitted that he had taken tho money by force from prosecutor, and also that it was in a pxirse. Ho said, that he, and not his mate took it. To Dell— When I went to arrest you I wns irf private clothes. I rode up, and we were close to tho surf. Owing to tho noise of tho surf sometimes I could hear what you snid, sometimes I could not. Ido not remember your saving as wo camo along, that tho prosecutor agreed to be searched. I know prosecutor's mate Santy . Ho is a man of about your sizo. I remember his being convicted in Dunedin for nearly killing a policeman. Frosqcutor was convictod for cattlestealing in Dunedin.

15y a Juror— Doll said that ho forcibly took possession of tho purso to pay himsolf.

In dofence, Dell called William Norton, who said ho knew tho prosecutor. On tho Ist of November ho saw him at Kilgour's publio-houso lying down drunk. Witness saw him searched, and a purso was taken out of his poikot. ( At that lime there were threo sovereigns and a LI noto iv it, The pur.se was given to tho landlord to lake care of, and it was given to him again at night with tlio above amount iv it. Witness saw him spend about lCs of this inonoy, and ho helped to drink it. Dell said ho had been in this country between seven and eight years, and had always made an honest living. Ho kept a litllo storo bctweon Hokitika and tho Groy, and bought a cask of butter of tho proseoulor. Ho paid LIO for it, and it turned out thoroughly bad and quite unfit for uso. Ho sold it to a baker for 50s, and iiftonvards , met tho prosecutor at that placo. Prosecutor agreed ,to givo £,2 back, but on going to his tont refused to , do ao, saying ho had no monoy, and thoy might feoarch him. Thoy did soarch him, and fo\ind fin empty purso on him only. Tho caso had beon got 'up against him sololy beeauso prosecutor was afraid that ho would proceed against him. Tho character of tho man had boon provod, and ho hopod tho jury would considor tho rolative characters of the two mon.

• Tracoymndo no statement boyoud saying that tho enso wns a got up one ontiroly. / 1 Pell said thut Tracoy had nothing wliatovor

to do with tho matter. On the night in question ho had been for n wnlk with him, nnd that was all. Trncoy was a minor living at tho buck of tho store.

Ilia Honor summed up at sonio length, reading tho wholo of tho cvidonco. After a prolonged deliberation tlio jury aoquittod both prisoners, who wore discharged, his Honor remarking that ho hopod this would bo a warning to Dell not to tako tho law into his own hands. Tlio Court was then adjourned till noxt (this) day at ton o'clock.