RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 259, 23 July 1866, Page 3

RESIDENT MAGISTRATE'S COURT

(Before Gr. Gr. FitzGerald, Esq., R.M.)

Fbiday, Joly 20th

Dbtjnk and Disordebly.- -Thomas Emery was fined 5s for being drunk, and 15s for disorderly conduct, or in default, 48 hours imprisonment with hard labor.

Larceny. — John Reeves, on remand fronrthe 12th instant, was charged with stealing about 700 ounces of gold from the Bank of New Zealand at Okarita on the 22nd May last. The evidence of the agent of the Bank, Mr Allen, and one of the clerks, Mr Nation, was taken to-day, and the prisoner at the request of the police, was remanded until the 29th inst., for the production of further evidence.

Obtaining Mosey by False Ppe-' tekcei. — William T. M. Warden was brought up and remanded until 23rd inst., on three separate charges of obtaining money by false pretences by means of a valueless cheque. Breach or the Mastees and Servants Act. — An information laid by Mr W. L. Rees against Sarah Stephens, a servant in his employ, for disobeying his lawful commands, was dismissed at the request of the complainant.

CIVIL CASKS.

Donne v Stevens. — In this case, which was reported in our issue of this morning, Mr FitzGerald being of opinion that for 36 nights the entertainment was under the control and direction of Mr Donne, gave a judgment for the full amount claimed, £100 and costs.

Larceny. — Thomas Reeves, late of Okarita, was brought up on remand from the 12th instant, charged with the gold robbery from the Bank of New Zealand at Okarita. Charles Allen being sworn, said he was the Agent of the Bank of New Zealand at Okarita, and bad known the prisoner, who was employed to sweep out the offices of the bank for the last three months. Prisoner used to come at about half-past eight in the morning and remain for about two hours. On the 22nd of last May prisoner came as usual to the bank, to the best of witness' recollection, at about nine o'clock. Witness left the office at about half-past nine to go to breakfast, leaving another clerk, named Nation, and the prisoner in the bank. He returned a few minutes before ten ; during his absence he had met Mr Nation at the Royal Hotel, to which he also had come to get his breakfast. On returning to the bank,

which he did after finishing his breakfast, he found no one there. The front door was locked, the back door was closed but not locked. Mr Nation was still at the hotel between 30 and 40 yards off at this time. On returning witness in : s3ed the safe key out of his pocket. He searched for it but did not find it. The safe was then locked. At about half-past ten witness saw the prisoner in the Bruce Hotel, and called him out and asked him if he had seen the key, but prisoner said he had not. "Witness also asked him wily hfe left the office unprotected, and prisoner replied that he had done the same frequently beford. Prisoner had not done so before to witness' knowledge. Witness made further search and enquiry for the key but not being able to find it he, about mid day sealed the safe up. He did this after he had been absent once or twice, but each time of hie absence Mr Nation was in charge. The safe contained 3000 ounces, of gold when it was locked up the previous night. The gold was partly in bars and partly dust in bags. One large bar was numbered, weighed, and marked. There was no particular mark on the rest of the gold but the bag was marked either "M. and C," or "Mace and Cannibare." Witness was quite certain th*at the bar of. gold and the bag of gold dust were in the safe when it was locked up on the previous evening. The safe is one of- Milner's. Witness put the key into his pocket after locking the safe on the eveuing of the 21st,.and saw it while dressing on the morning of the 22nd when he put it into his trousers pocket. The key could not have dropped through his pocket which was perfectly sound. After sealing the safe witness sent to Hokitika for the duplicate key, which he received about the 4th of June. The seal was then intact, and tho safe could not have been opened from the time witness had sealed it. He then opened the safe in Mr Nation's presence, and misled the large bar of gold and tbe bag containing gold dust. While in the bank, the witness is responsible ; but in his absence j the' other clerk is. Witness never authorised any person to dispose of the gold. After speaking to the prisoner in the street on Che 22nd, witness did not see him until the morning of the 23rd, when he came as usual to eweep out the office. Witness then told him that it was the key of the safe he had missed, and directed bin) to search carefully for it, which the prisoner promised to do. After that, the prisoner came to the bank as usual every morning for about another month, when he left of his, own accord. Besides his employments the bank, prisoner blacked boots and sold trotters, but the witness did not know where he lived. The key was not out of witness' possession during the night of the 21st. The only time during which it was possible to abstract the gold was between the hour (nine o'clock), at which witness saw the key while dressing, and ten o'clock the hour at which he missed it. Henry Innes Nation being sworn, said he was clerk in the Bank of New Zealand at Okarita, and knew the prisoner for some little time in his capacity of officesweeper there. On the morning of the 22nd, prisoner was sweeping out the office when Mr Allen left the bank at about half-past nine to go to breakfast, and witness followed him in a quarter of an hour afterwards, leaving prisoner in the bank. He joined Mr Allen at the Royal Hotel at breakfast,' but the latter almost immediately left. On witness' return, Mr Allen asked him if he had seen the key of the safe as he had mislaid It. Witness searched, but did not find it, and on trying the safe door found that it was locked. During the day the safe was sealed. Witness did not see it done, but saw the seal at four o'clock. It was Mr Allen's private seal. From the time the key was lost until the duplicate arrived, either witness or Mr Allen was always in the office. On the 21st May the witness last 6aw the safe opened, at about three o'clock. It contained notes, sovereigns, gold-dust, and gold in bars. The same day the key was lost witness saw the prisoner searching for the key outside. About ten days afterwards duplicate keys arrived from Hokika, and witness saw the safe opened, but did not see the seals removed. When the safe was opened Mr Allen told the witness that something was missing and requested him to say nothing about it. During the same day he subsequently told witness that a bar and bag of gold that had been placed there for safe custody were missing. Prisoner left the service of the Bank a few weeks after, He left voluntarily ; because he expected more wages. Mr Allen was recalled, and in reply to a question put by the prisoner, denied having dismissed him. The prisoner was then remanded for the production of further evidence until the 28th inst., at the request of the police.