SUPREME COURT.—WESTLAND DISTRICT.

West Coast Times, Issue 264, 28 July 1866, Page 2

SUPREME COURT.— WESTLAND DISTRICT.

CRIMINAL SITTINGS.

(Before his Honor Mr Justice Gbessok.)

Friday, July 27.

The Court opened this morning at ten o'clock.

Frederick Smith, aged 32, and Bridget Kelly, aged 26 years, yesterday convicted of stealing money from one Aunie ODea, were brought up for sentence. The prisoner Smith brought two witnesses as to character.

His Honor then sentenced both the prisoners, each to nine calendar months' imprisonment with hard labor.

ROBBERY WITH VIOLENCE.

Edward Jones was charged with having, on the 2nd day of May, 1866, robbed, with violence, oue Thomas Thomson. Mr Button appeared for the defence. The Crown Prosecutor stated the case, aud called

Richard Dyer, who deposed that be was sergeant of police at Hokitika. He was on duty in Kevell-street on the morning of the 13th May last. He, with three other constables, when opposite the York Hotel, heard cries of "Police!" and witness immediately ran up. When near the Mechanics' Hotel he saw the prosecutor struggling with the prisoner. The prosecutor told witness that four men had stuck him up and taken L 2 from his trousers pocket, and the prisoner was one ; the others had run away. Witness recognised prisoner as a man named Jones. Prisoner said, " I know, Dyer, you've been a long time looking for me, and you have got me at last." Witness then took him to the lock-up, searched him, and found a Ll note and 93. in silver. When witness first Btiw them the prosecutor and the prisoner were both ptanding up struggling. Thomas Thomson deposed that he was a sailor, and remembered the night of the 13th May. He was at a public-bouse in Revell street, opposite the Police Camp. He left it, and started for Hunter's Glasgow restaurant. When about six yards from the public-house, he was struck on the back of the neck. He turned to see where the blow came from, and was then struck in the forehead. He caught hold of some one, but he did not know who it was. Witness struggled with him. . He felt somebody at his pockets, and called out " Police." When he cried '"■ Police," he saw three men run away. Witness held one, whom Dyer, who came up at the time, took to the watch-house. Witness could not say if the prisoner was the man. The men stole L 2. When he was struck he turned round, but could not tell who struck him. He could- not say whether the note produced is like one of the notes or not.

The witness was cross-examined by Mr Button, and it transpired that he had, been drinking during the night. His Honor asked Mr Duncan if he had any further evidence than that given in the Magistrate's Court, which he considered insufficient to convict the, prisoner. Mr Duncan replied in the negative, and said that he would not proceed further in the case.

His Honor then directed the jury to acquit the prisoner, who was accordingly discharged.

HOBBERY WITH VIOLENCE.

Michael Kane was arraigned for having, on the* 26th March, robbed one Sarah Ann Tifney.

Mr Button defended the prisoner, who pleaded Not Guilty. The Crown Prosecutor stated the case and called

FraukO'Brien whodeposed that in March last he was in the police force, and saw the prosecutrix on the night of the 26th March last ; she was sitting down crying and her face was bleeding. Her dress was torn in several places aud was spotted with blood. She showed him a cut on the left side of her clothes. Some of her clothes were covered with blood. She among other articles showed witness a strap. (Produced). He, examined the floor of the hut and found some black marks like as if made by a man's nailed boot. Witness bad- seen the prisouer on the morning of that day. Sarah Ann Tifney deposed that she was a widow and resided on the Hokitika beach. She remembered Mouday the 26th March. She was at Godfrey's Carriers Arms that day, between twelve and one, and saw the prisoner there. Witness had something to drink there. She changed a pound. Witness took the Ll from a purse in "her bosom. She had L 9 10s in the purse besides the change. Prisoner wanted to borrow Ll from her which *he refused to lend him. Witness returned home about a quarter to one,*and •ifter she went home she locked the door and laid down on her bed and fell a.sleep. Prisoner awoke her by dragging her out of bed. He then struck witness in the face and knocked her down with his fist. He pulled a knife out of his pocket and cut witness' clothes, and took the purse from under her arm, and also took her watch and chain and'a gold earring. He ill-used her ifterwards and then went away. She went up to Godfrey's again, and Alice, the servant, led hfer in by the side door. Witness said, " Look how I've been ill-u3ed and robbed.' 1 Whilst telling her, the prisoner came to the house, and witness pointed him out as tho man who had ill-used and robbed her. He said, " That was nothing ; I did worse than that to you." She then went for the police and gave the prisoner in charge. After prisoner left her house witness found a belt (produced). It belongs to the prisoner. It was not in the hou3e before he was there. Witness would part with her life rather than part with her money. By Mr Button — After prisoner left me I did not get into bed again. I went to Godfrey's. He did not do anything before he pulled me out of bed. He did not strike me till he pulled me*out into the kitchen. I was taken home in a dray from Godfrey's about a quarter to one that day. Yellow Jack (John Fairburn) took me home. I was sick in Godfrey's. I was able to go home; but I could uot walk. I did not fall about ou the dray. The^ prisoner did not help to lift me out of the dray. I had been in bed when prisoner came from about halfpast one o'clock to till half-past five in the evening. He ill-used me. The prisoner was about half an hour In the house. When I was lying ou the floor nobody came to the house : I swear it. I know a person of the name of Wiliam Tittle, a printer^ I did not see him come to the house. Prisoner did get up and let Wil-

iam Tittle and another man into the house. Tittle did not pass through the house and speak to me. If he has sworn this, he has sworn falsely.

Alice Raynford said, in March last she was servant at the Carriers' Arms. She knew the last witness, Sarah Ann Tifney. She came in with her eyes blackened. She said she had been robbed and illtreated. Her dress was all torn, and appeared to have been cut near the left arm. While Mrs Tifney was speaking prisoner came in. She told him that he was the man who did it. He swore at her, and called her names, and said, tv That was nothing, he had done more." The prosecutrix said he had robbed her of a watch and chain, a £5 note, and four LI notes. She said something else, which xvitness could not hear. He Bwore at her and went into the bar. Prosecutrix was sober and sensible enough then. William Wilson, police sergeant, deposed, that on the 26th March last he arrested tne prisoner at the Carriers' Anns. He had to get assistance to take him to the lock-up. Witness was cross-examined by Mr Button.

William Rutherford Ryley deposed that he was a duly qualified medical practitioner. On the 28th March he examined the prosecutrix. This witness deposed to the nature of the injuries, and said they might be caused by the fist. Prosecutrix was re-called, and to a question put hy the jury, she said that the prisoner burst in the door, and that she never found any of her money. v Mr Button addressed the jury, stating that the case rested entirely on the evidence of a drunken woman, and therefore they would be careful of convicting the prisoner of the crime with which he was charged. He contended that the evidence of the prosecutrix was wholly unreliable, and said he would bring evidence to contradict her, and that he would also bring a witness who would inform them that the prosecutrix was not to be believed on oath. The learned gentleman pointed out several discrepances in the evidence, and concluded a very eloquent and able nddress by calling upon the jury to acquit the prisoner. He called John Fairburn, who, before being sworn, wished to know who would pay his expenses. This was arranged by the prisoner giving him a promissory note for the amount, payable at a month. Stated that he was in the employ of Mr Godfrey on 26th March last. He knew the pro3ecutrix, Mrs Tifney, and took her home on that day on a dray. He took her home several times on the same day. The first time he took her home was betwen eight and nine in the morning. He was not certain whether it was in March or April. He took her home again between one and two o'clock. She was " powerless drunk" the first time he took her home. She was in the same state the second time. The first time witness took her home a man came to the door in his drawers only, and dragged her in. On the second occasion witness asked the prisoner to lift the prosecutrix off the dray. Just as he got hold of her Mrs Tifney fell down on her face, on the ground. Witness did not notice whether her face was bruised. On the way down in the dray she bumped her head against the guard irons. Prisoner assisted to lift her off.

Mrs Jane Murney, wife of John Murney, deposed that she knew the prosecutrix. Her general character was not good. From facts that have come to witness' knowledge she would not believe her on her oath.

His Honor summed up the evidence, and said that this wad a cast) in which it was particularly- satisfactory for a prisoner to be tried by a jury of h's countrymen. He placed the more material parts of the evidence before them, and left the case for them to decide.

The jury retired, and after an absence of half an hour returned»with a verdict of Guilty, and the prisoner was sentenced by his Honor to three years' imprisonment with hard labor, from 16th July instant. BAPB. As to the charge of rape agaiust the same prisoner, tho Crown Prosecutor intimated that he did not intend to proceed with it. "> LARCEinr. Joseph Ratcliff was charged with having, on the 17th day of December, 1865, stolen certain articles, the property of John Fletcher. Prisoner pleaded Not Guilty, and Mr Button appeared for him.

The following jury were sworn : — James Fitzsimmons (foreman), Thomas Gibson, Samuel Alcorn, Peter De Lnreo, George Horneck, Edward Boylan, Henry Elliott, John Netvton, John Myers, Thomas Back, and John Dooley. The Crown Prosecutor stated the case, and called James Clements,"who deposed that he was sergeant of police at Hokitika, and from information he received last March, he went to prisoner's residence, at the north end of Rcvell street. He found him there. Witness told him that he had come to search his tent for some bedding and carpeting that belonged to. John Fletcher, that was missing. Prisoner said he might search, and that the t^nt belonged to^him, and everything that was in it. Witness searched, and under his head he found a pillow (produced), also a pair of blankets, which Fletcher could not j identify. Witness arrested the prisoner. Frank O'Brien deposed that he was, in March last, in the police, at Hokitika. He knew the house in Revell street, occupied by one John Davidson. He searched that house, and found the property; now produced (consisting of two pieces of druggetting, and several other articles). Prosecutor and his wife were with witness, and identified the property as theirs. By Mr Button — I have known the prisoner about six months. I have not been in Hokitika the last three months. Before that, the prisoner was at work erecting some slaughter yards. When I found the articles they were in use. John Fletcher said, that he was a carrier, residing at Hokitika. His wife arrived here in the Alhambra, about the 18th of last December. She landed by the Bruce. She afterwards missed some of her luggage, consisting of a bag containing sundry articles.. Witness searched, but could not find it. He left all his goods with his wife at luvercargill. In March last, he and his wife were hi Itevell street, and as they were passing the house of one, John Davidson, they saw a piece of druggetting hanging up which was like tbejrs. They then went home, and witnesswent back agaiu afterwards to Davidsou',s house. He went round to the back and saw anpther piece of druggetting laying at the back,

and an old piece of alpaca skirt. On the following day (Monday) witness went to the police, and got a search warrant. Detective O'Brien went with prosecutor and his wife to Davidson's, and he found two nieces of druggetting-, and certain other articles, which prosecutor identified as his property. The ticking of the pillow is of a very large pattern ; that is the only way in which he identified it. Witness could not identify the case. The witness was briefly cross-examined by Mr Button.

Eliza Fletcher said that she had arrived in Hokitika on the 16th of December from Invercargill by the Alhambra and landed by the Bruce. Shortly after she landed she missed a bag containing some luggage. (Contents enumerated). Witness on the 18th March saw a portion of these articles in tlie hou»e of John Davidson. Witness present when the bouse was searched and identified the articles produced as the property of her husband. Amongst the articles was a down 'pillow, the ticking of which was of a 'pattern with red and white stripes. The pillow cases produced were belonging to witness. ' Articles produced are part of the property packed up at Invercargill and ■ which were missed here shortly after witness landed.

By Mr Button — Souac of my luggage came on shore in the Dolphin and tne Tiger. I cannot tell if this lugyagc came on shore in ether of those vessels. I- did not sec it from the ' time it left the vessel to when I saw it at Davidson's house. I cannot say that the blankuts found in prisoner's tent were mine. John Davidson deposed that he was a carpenter. He was present when detective O'Brien searched his house last March ; he found various articles of which be took possession. The articles produced are the same, but he could not identify the blanket. He identified them as having been found by him in a tent which prisoner and he pitched in Revellstreet. (The witness entered info a long statement which was not in any way relevant to the case.)

The witness was cross-examined by Mr Button at considerable lengthy and it transpired that the pillow was given to prisoner by the witness.

Mr Button addressed the jury for the defence, saying that thecase for the Crown was very weak indeed. The evidence was very inconclusive, especially that of the witness Davidson went more to criminate himself than the prisoner. It was not likely if the prisoner underwent the risk of the robbery that he should leave the proceeds to be enjoyed by Davidson without ever enquiring after them. He wonid leave the case in their hands and it would be their duty to say whether the evidence was or was not such as would * convict the prisoner. His Honor summed up the evidence, telling them that tho evidence of the witness Davidson was very unsatisfactory. He then reviewed the evidence, and said if they believed Davidson's statement as to his 'getting the things from the prisoner, then in default of the prisoner giving a proper account of how they came into his possession tfiey would bring in a verdict of guilty ; if otherwise they must acquit him.

" The jury retired and after a short absence brought in a verdict of Not Guilty. The prisoner was discharged.' The Court ' then adjourned until ' TO* o'clock this morning.