SUPREME COURT—WESTLAND DISTRICT.

West Coast Times, Issue 263, 27 July 1866, Page 2

SUPREME COURT— WESTL AND DISTRICT.

CRIMINAL SITTINGS.

(Before hia Honor Mr Justice Gbksson.

Wednesday, July 2oth. (Continued from our issue of yesterday.)

UNNATURAL OFFENCE. ,

John Sullivan was charged with having? on the 17th day of March, 1866, committed an offence of this description. • Prisoner pleaded Not Guilty. The following jury were empanelled :—: — Samuel Alcorn (foreman), John Thomson Love, James Hirsch, James Hastings Kepple, Robert White, Edward Buxton, John Holloway, George Horneck, Maxwell Watt, John Dooley, Peter Do Loree, David Brocldehurst.

The Crown Prosecutor stated the particulars of the case.

The evidence in this case is of course

wholly unfit for publication. The prosecutor, Denis Gai-bie, Joseph Moore, Daniel Mutton, and Richard Dyer were examined, aud the jury brought in a verdict of guilty of the attempt. Prisoner was remanded for sentence.

ASSAULT WITH INTENT.

Samuel Cox, ased 21 years, was charged with having, on the lOlh day of March; assaulted and beat Shadrach Perry and D.ivid Galer.

Prisoner pleaded Not Guilty, and was defended by Mr Button.

The following jury were sworn: — James Fitzsinunons (foreman), Alexander Reid, Thomas Gibson, Peter Griffin, William Pringle, John Macbeth, John Myers, Thomas North, Thomas Back, Htnry Barnard, John Newton and Henry Eliiott. William Allen and Jamea Godfrey were challenged on behalf of the prisoner. Shadrach Perry deposed that on the 9th March la9t he was a miner on Jack's Creek. On the evening of that day prisoner came up to the claim at which witness was working Prisoner asked witness and his mate to s»ive him namea. They refused. Prisoner then took his revolver from his belt and levelled it at witness with his finger round the trigger. He said if witness did not give him his name, he (prisoner) would shoot him. Witness' mate then ran away, and witness followed him. He ran about thirty ynrds. Prisoner stood there two or three minutes I >nger when constable Moller camo up and took the revolver from the prisoner. He could not tell whether the pistol was loaded. (Pistol produced), _ That is like the pistol.

The witness was cross-examined by Mr Button, but without much effect.

David Galer deposed that on the 9th March las>t he was mining in Jack's Creek with Shadrach Perry. The prisoner Cox rodo up to them in police uniform. Prisoner asked them for their names. Witness refused to tell him. Prisoner drew his pistol and pointed it at both of us. Witness ran aw3y and Perry too. Witness turned towards some men and when he looked round he saw the pri» fjone? off hi*} {jorsa ft pojiceman taking

his revolver from him. Witness and Perry then went up. Christopher Moller deposed that in March last he waa one of the mounted police. He remembered the 9th March. They left Hokitika early in the morning, for the Grey, on horseback. They reached Jack's Creek that evening. Witness had not seen the prisoner for from an hour and a half to two hours previous to finding him at Jack's Creek. Witness found him mounted on his horse, with a revolver in his hand by his side. Witness went up to him, and Galer and Perry told witness that prisoner had been threatening to shoot them if they did not give him their names. As far as witness could remember, Perry and Galer were close beside prisoner. Witness could hear them speak. Witness saw stones thrown on his way up. By Mr Button — When crossing the Teremakau, before we came up to Jack's Creek, we were washed off our horses, and had to swim. The prisoner had to swim a long distance to save his life. The prisoner, when I came up to him, had the same clothes on as he had when crossing the Teremakau. He had no opportunity to change them. This closed the caae for the Crown.

Mr Button addressed the jury in an able defence on behalf of the prisoner, which we are prevented, by want of apace, from reporting. His Honor summed up, and the jury returned a verdict of Guilty, strongly recommending the prisoner to mercy. His Honor then sentenced him to twen-ty-four hours 1 imprisonment. The Court then adjourned.

Thuesday, July 26th, 1866.

The Court re -opened at 10 o'clock this morning. ATTEMPT TO COMMIT UNNATURAL OFFENCD.

Jahn Sullivan^ aged 48 years, who was yesterday found guilty of this crime, was sentenced by his Honor to 2 years' imprisonment with hard labor, from 16th July instant.

BURGLABIOUBLY STEALING.

James Kelly, aged 38 years, was charged with having, on the night of the 7th day of March, 1866, feloniously and burglariously entered the house of one Edward Walsh, at Okarita, and stolen thtrofrom certain articles the property of the said Edward Walsh.

Prisoner pleaded Not Guilty. James M'Kenna deposed that he was a constable stationed at Okarita. He went on the 7th March to the Five Mile Beach, to Edward Walsh's store, when the prisoner was given into his custody. Edward Walsh said that in March last he was a 'storekeeper at the Five Mile lieach. On the morning of the 7th March he was awakened about 4 o'clock by a noise. He jumped up and caught the prisoner in the store. They had a scuffle and prisoner got away. Witness pursued, and caught him, and assistance coming, they took prisoner down to the store and tied him up. The prisoner dropped theboots, drawers, and socks outside the door. Witness overnight had secured the door, which was made of canvas by nailing it down close to the frame so as to close himself in. When he woke up, the canvas was torn away, and a stick, which witness had nailed across the door to secure the canvas, had been pulled out. George Luce said he was a packer, and resided at the Five Mile Beach, Okarita. lie knew Edward Walsh, a storekeeper th< re, and witness was, on the 7th March last, in his employment. He slept in the store that night, and went to bed between eight and nine. He was awoke before six o'clock in the morning by Walsh singing out, " George, I'm robbed." Witness got up and saw the prisoner with the boots, aocks, and drawers in his bands. They struggled and both tumbled into a hole. Witness then went into the store for a rope, and when he came out prisoner was gone. Witness sung out to Walsh to follow. The next thing he heard was Walsh singing out ; he went up and saw Walsh and prisoner in a paddock, on the ground. Witness went up and held the prisoner, and Walsh went for assistance, and they secured him. This was the case for the Crown.

The prisoner handed in a writteu statement which 'he desired his Honor to read. His Honor did so.

His Honor shortly summed up, when the jury without retiring brought m a verdict of Guilty. Prisoner was then sentenced to two years' imprisonment, with hard labor, to be computed from the 16th July instant.

STEALING FEOM THB PERSOK.

John Smith, aged thirty-two years, was charged with having, on the 18th day of April, 1866, feloniously stolen a cheque on the Bank of New Zealand, Okarita, for £9, from one Gilbert M'Alpin.

Prisoner pleaded Not Guilty. James Douglas deposed that he was, on the 18th April, a constable stationed at Okarita. He arrested the prisoner on that day. This witness was crosff-examined" by prisoner. Gilbert M'Alpin deposed that he waa cook at the lloyal Hotel, Okaritn. He saw the prisoner on the 17th April last. Witness had a £3 cheque and a £9 cheque and some silver. Witness cashed the £3 cheque, and kept the £9 cheque in his trousers' pocket. The prisoner :T,nd witness had a walk, anJ witness went to the coffee-stand and changed the £3 cheque. They then went up the street to the Okarita Hotel, and had some drinks there. Witness left, and as he was going down the street he missed the £9 cheque. Witness did not give the cheque to anyone. This witness also was cross-examined by the prisoner. George Henry Evans deposed that he was a barber, residing at Okarita, and he knew the prisoner and M'Alpin by sight. They were both in witness' shop on the morning of the 17th April. Witness and the others went to the Okarita Hotel. In j the afternoon they went to the Bank of New Zealand, and on their way back they fell in with the prisoner. Witness asked him if he had a cheque of M'Alpin's, and he denied any knowledge of it. He called the waiter, James Burrows, out, and asked him if he had seen prisoner with a £9 cheque. He said he had. Prosecutor then went towards the Bank. While he was away prisoner took out some money — i four or five bank notea — and witness told him he had better give the man the money. He made no reply. Prisoner went into^ the Greatest Wonder of the World, and witness saw him receiving some change over the counter. He came out of there and went into the Sebastopol Hotel and changed a note, Prosecutor cams up and denvwdet} W« WQiiey fram &c pH»<m«'»

They fought, and the hotelkeeper turned them both outside. He said he had only £3 left. He gave the £3, and then ran away.

This witness waa also cross-examined by prisoner without eliciting any thing in particular. This closed the case for the Crown.

The prisoner made a statement. His Honor briefly summoned up and thejury brought in a verdict of Guilty. His Honor then sentenced him to nine calendar months' imprisonment with hard labor.

OBTAINING GOODS UNTJEH FALSE I'BETENCia. William Constantine, aged 28 years, was charged with having on the 25th day Of April, 1866, fraudulently obtained from one William James Lockwood, certain articles the property of one William Beck, by means of false pretences. Prisoner pleaded Not Guilty. Edward Bollon, deposed that in April last he waa in the police force, and arrested the prisoner at M'Clintock's accommodation house. He said he (prisoner) received the articles from Knox, the driver of the Christchurch coach. He did not say exactly when he got them. William James Lockwood deposed that he was a cook, and on the 25th April last he resided 3t Ryan's Royal Hotel, Hokitika. He knew one William Beck at the Threo Mile diggings. Some time before this Beck, left some articles and a box containing valuable papers and other articles. (Produced aud identified). On the 25th April prisoner said he had seen witness 1 friend, Mr Beck, at the Three Mile, and that witness was to give him the carpet bag with the contents that Beck "had left, and that he (prisoner) was to take it up to him. Witueßs told pris oner to go and get them and bring them .to him and he would put a label on them. The label was "Mr Bi-ck, Three Mile Diggings." He then gave the carpet bag and its contents to prisoner, who, took them away. Witness sa»v no more of him until he was brought down in custody. The • box was in the bag. Witness would not have given the articles to prisoner if he had not said he was authorised to take them.

By his Honor — The prison ci* said my friend Mr Beck had told him to come to me for the things. I would not have given him the things if he had not made this statement.

William Beck, said — In April last he was a miner at the Three Mile diggings. He knew William James Lockwood, the last witness. Witness left him a canvas bag and a carpet bag, also a box which was inside the carpet bag. Witness knew the prisoner. Witness never gave prisoner any authority whatever to get the things from Lockwood.

Witness was cross-examined by prisoner without effect.

The prisoner called the witness William James Lockwood, who said — I knew the pri&oner up at Ryan's, but never knew him do any thing wrong although there were plenty of things knocking about.

His Honor summed up the evidence, and the jury returned a verdict of Guilty.

The prisoner was sentenced to six months imprisonment with hard labor, to De computed from 16th July instant.

STEALING FBOM A DWELLING.

Frederick Smith and Bridget Kelly were charged'with having on the 13th day of July, 1866, stolen Ll 6, the property of Anne ODea, from the dwelling-house of the said Anne O'Dea.

Mr Button appeared for the prisoner Smith.

Felix M'llroy deposed that he was a constable and was stationed at Greymouth. He knew the" house kept by the prosecutrix. Witness was there on the night of the 13 th, haying gone in on duty. Mrs ODea told him not to leave ; that she might want him. She gave the two prisoners in charge about 12 o'clock. Both the male and female prisoners .were in tho back part of the hotel : so was Mrs O'Dea. She charged them with stealing money from her cash-box, out of her bedroom.' Witness took the prisoners in custody. Prosecutrix mentioned two L 5 notes, four sovereigns, and five half-sovereign s, and some silver, as having been stolen. Witness searched the male prisoner and found a Ll note, a half-sovereign, "and 5s 6d in silver. He searched the female prisoner very slightly, and found no money on her. After locking the prisoners up he returned, and found a place 'pointed out by Mrs O'Dea. He found a L.5 note (which he produced), behind a barrel, about three feet from the back door. Witness had soen Smith before, but had never seen the female prisoner. Witness returned in the morning and renewed the search, but did not, find any more money. By Mr Button— Mrs ODea did not accuse the prisoner m soon as I came in. When she accused Smith he offered himself to be searched. Prosecutrix did not shew me the cash-box either before or after she gave the prisoner in charge. ' Annie ODea deposed that she resided at Greymouth. She had an hotel there called "The M3nuherikia," on the 13th of July. The prisoners were in witness' house on that evening. Witness was in the house about twelve o'clock, at which time the prisoners were both in the sitting rpora. Witness asked the prisoner to make up her bed, and gave her the key of the room. She said she would. Witness went with her and first went up to the cash -box on the dressing table, and raised the lid and saw that the money was right. She left the cash-box there— the lock had been broken. There were two £5 notes, four sovereigns, five half-sovereigns, and about four or five pounds' worth 'of silver in it. Witness went into the bar and was absent about three-quarters of an hour. When she went into the bar the prisoner Smith was standing there. A few minutes before, the female prisoner returned the key to witness. She said, " Fred, I want you, 1 ' and he went as far as" the bedroom door, but did not go in. Witness saw his back like as if be was half in the room. He remained there a few minutes, and then went out by the back door. Prisoner Kelly, a few minutes after, came in and gave witness the key, and said, "Mrs O'Dsa your room is ready." Witness then went into her bedroom and missed her money all but about 15s. or 16s. Smith was outside the back door standing, and witness went to where he was standing. She 6aid, " Fred Smith, come in, I want to speak to you ; you and Mrs Kelly have robbed me." He said, " Mrs Kelly ! I don't know anything about it." He then came into her bedroom, and she then called Mrs Kelly in from the bar and she came, Witness asked them to give hep th.g fflO»ej% Sh§ denied it t and so did hf t

Witness spoke to them a couple of minutes. Witness was trying to get the money quietly. Witness then gave the prisoners in charge. Witness was present when M'llroy made a search at the back of the house, in a place pointed out to him by witness. He found a £5-note there. It "was a few feet from where Smith was standing. (Note produced.) The note produced was one of the £5 notes that was in her cash-box. Witness knows it by the heavy ink mark on it. The prisoner Kelly had left the. room some time before she returned the key, and had gone in the sitting room. Witness did not see her go to the back door. Witness had known the prisoners before.

By Mr Button—The prisoner Smith was nbt living with the woman at the time. He had been in gaol. My husband could not have taken the money ; he is in Lytelton, in gaol. I went to the cash-box tmd took two half-crowns out. There was not another man in the room at the time. Whilst Kelly was in the room, a gentleman came into the room, but he did not stop there long. He stood inside the room <*oor. The gentleman's name was Mr T orrens. No other man came into the r°om. No other female went in that c ening ; I had the key in my pocket. When I went to the prisoner Smith I did not go outside ; I stood in the doorway. I asked him about two or three times and he came in. M'llroy was in the bar before I missed the money at all. He was in the house the whole of the time. Kelly calledme in to speak to the gentleman. The money in the each-box had been taken during the week. There were two £5 notes in the box two days before. I cannot tell how much money was in it two days before: I went out that evening a few minutes after five, and returned between eleven and twelve. While I was out I had something to drink. I never was the worse for liquor in my life. I had drinks in several places. I treated the female prisoner that evening at the Oriental. SJie did pot go with me to the Golden Age. Some time previous I had had some words with the prisoner. T have a barmaid named Emma. During the time Keliy was in the bedroom she was in the house. Ten or fifteen minutes elapsed from the time Kelly called Smith until she gave me up the key. From the time she gave me up the key until I went to the back door was only a very few minutes — perhaps five 'but not more. One £0 note was marked with ink, and the other was a new one. The note marked was on the Bank of New Zealand. I swear it. lam not sure what bank the other was on. , By prisoner Kelly — When you gave me the key I did not tell you Torrens was going to sleep there. He was not in the bedroom. The barman and barmaid were in the bar when you served drinks there. I don't know where M'llroy was when you served the drinks. By a Juror — Torrens only came to the door ; he never went in.

John Cox deposed that on the 13th July he was barman to the prosecutrix. Mrs ODea came in about 12 o'clock that night. She spoke to both the prisoners. Witness saw her give Kelly the key of her bedroom. Kelly went in aud witness heard her call Smith to ht-r. He walked down the passage, and both went down the passage to the back door. Witness saw Smith return with" Mrs ODea from the back door. Witoass was not present when Kelly returned the key to Mrs O'Dea. Prosecutrix said she had lost some money, and blamed Kelly and Smith for the loss of it. M'llroy was called in and the prisoners were given in charge to him. Witness was present when M'llroy returned to the house, and searched with him. Witness found aho note concealed underneath the coal cask, but not covered by the cask. Witness did not examine the note. He did not know if Smith had any money that night. By Mr Button — There is , a passage from Mrs O'Dea's bedroom to tne bar, running the whole length of the building. To see into the bedroom a person must be either in the passage or in one particular corner of the bar. Mrs ODea was the worse for liquor that night, but quite capable of taking caro of her business. Mrs ODea did not go into the bedroom with Mrs Kelly,. I am sure. I saw Mr Torrens iv Mrs O'Dea's bedroom for ten minutes, before Mrs Kelly went in. Emma was sometimes in the bar, and sometimes in her own room. Nobody went into the bedroom but Mrs Kelly and Torrens. Nobody could go into the bedroom without my seeing them M'llroy was iv the bar drinkiug with Smith, when the money was lost. Torrens is the proprietor of the Oriental Hotel, at Greymouth.

Emma Burn stated that on the 13th July instant, she was barmaid at Mrs O'Dea's Hotel, and saw the prisoners there that night. Mrs Kelly was in Mrs O'Dea's bedroom that -night for about three-quarters of an hour. Mrs* ODea was in the bedroom afterwards. She was not in the bedroom while Mrs Kelly was there, to my knowledge. Witness was backwards and forwards in the house while Mrs Kelly was in the bedroom. Witness heavd Mrs Kelly call Smith., While Mrs Kelly was in the bedroom witness went into hers — there is a canvas petition — and she heard the ca^h-box move, as if it was being taken out or put in. Hct bedroom is next to Mrs O'Dea's. Smith was in the bar then. It was after the noise of the cash-box that Kelly called Smith out. By Mr Button— l knew it was Mrs Kelly in the bedroom, because I knew it could be no one else. -I heard her there. It wa3 half an hour after I saw her go into the bedroom that I heard the cashbox rattle. Mrs O'Dia came home about half -past eleven. She gave Mrs Kelly the key of the bedroom. Mrs ODea was not a minute in the bedroom. She did not speak to me outside just now, about what evidence she had given to-day. I saw *John Torrens go into Mre O'Dea's bedroom. He stopped there about a minute. No one else ■uentin. No one went into my bedroom with me. When I heard the cash-box move I went into the bar.

By a Juror — Mrs ODea was in the bedroom with Mr Torrens. He was just inside the door. I was in the passage at this time The bedroom door "was shut when I heard the cash-box rattle.

By his Honor — Mrs O'Dea's bedroom door was shut when I went into my bedroom. I &aw the prisoner Kelly at the time she called Smith. To the best of my belief she bxd nothing in her arms at the time.

Mr Button addressed the jury at some length for the defence, and called Joseph Finn, who deposed that be wag ojfrk to Messrs Oakes and Button, As lie

was going to the Magistrate's Court he saw the prosecutrix and Emma Burn speaking together. He heard Mrs ODea relating part of the evidence she had given to Emma Burn. ' Witness was standing within six feet of the prosecutrix, and heard her speaking about the cash-box, and some cither matters relating to the evidence, which I cannot swear to now.

By the Crown Prosecutor— l heard the words " cash box," and other words relating to the evidence, but I cannot swear to them. I did not hear the word " evidence' used, I swear that the only words I remember were " cash box." I remember I heard her say "I said, 1 ' and then I was attracted by the words " cash box." That is all I heard that I can remember. Alfred Solomon was also called, and his evidence went to corroborate the evidence of Mr Finn.

Feiix M'llroy was also called, but his evidence was quite immaterial. The Crown Prosecutor objected to Solomon and M'llroy being examined, but ultimately it was allowed. The learned gentleman theu addressed the jury in reply, stating that because Mrs O ; Dea and the witness Burn were speaking out of Court, it would not throw discredit on the evidence of the witness Burn. He believed that, according to the evidence, they must find both prisoners guilty. His Honor then summed up the evidence, pointing out to the jury the principal features of the case. They retired, and after an absence of an hour, brought in a verdict of Guilty against both prisoners, who were remanded for sentence. The Court then adjourned till 10 o'clock to-morrow (this day).