RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 392, 27 December 1866, Page 5 (Supplement)

RESIDENT MAGISTRATE'S COURT.

(Before Gr. Gr. FitzGerald, Esq., E.M.) Feiday; DrcEHBtE 21.

EXAMINATION OF J. A. CARR

(continued.) ' On the Court resuming, after adjourning -for half an hoxxr, Mr Bees rose nd said :-B e fore entering . into the delence itself, I purpose P01"""^!P 01 """^! ifVoL The • that has LtTohSfSo one head tending to show the complicity / the accused and the other that he actually perpetrated the robbery Tho only particle of evidence that m 1 any way tends to bring the charge home to - the prisoner is that of tho notorious Sulli- ' van. The Crown know perfectly well that ' such testimony would be unworthy of tho slightest credence, and hence they attempt to bolster it xip by endeavoring to show the complicity of the accused. My impression is that the prisoner will be committed, but I" shall call a few witnesses who, I believe, will not be present when the trial comes off. I shall show that, while Biu-gess, Kelly and Sullivan were in Hokitika, the prisoner frequently warned the public, and even prevented a robbery being effected at Mr Procter's. It will also be proved that Sullivan held a conversation with Kelly and , Burgess at Brunetti's prior to the 24th May; and I hope the Court will also remember that Sullivan distinctly denied this fact. I do submit that, at the best, Sullivan's evidence is barely receivable, and if so, it is scarcely credible. Mr Ree3 then called Thos. Robert Procter, who on being sworn - deposed— l am a watchmaker and jeweller, f I know the prisoner at the bar. I remem- | ber having had a conversation -with him shortly before Burgess and Kelly were arrested for a robbery said to have been committed at the Camp; the conversation '■ had reference to the removal of certain jewellery from my window. There was ' about a LIOOO worth of stock in the window. The prisoner was at that time doing detective duty ; he called at my shop and said, take that gold out of the wind at once, ••aa there are parties who wish to break 1 into your place. I then took the gold out I' of the window; I have continued to do so *ever since. ' «

Cross-examined by Mr Horne — On the same day that Burgess was on his trial at .this Court I was present. About three weeks before this the prisoner cautioned me concerning the re- , moval of the jewellery. The prisoner did not say that he was acting under Inspector Broham's order. My house- was attempted to be \ forced. I cannot say whether Sergeant Dyer called and catitioned me or not, but I am certain fhat the prisoner cautioned me. I remember it by the authoritative style in which he spoke. When the prisoner called he did not ask me where I put the gold at night. The police called several times upon my brother during my absence. William Walker, being called aud sworn, deposed — I was the proprietor of the Hope - and Anchor Hotel, Revell street, in the month ■ of May last. I saw Carr several times when Sullivan was staying at my house. I havo a slight recollection of' his speaking to some one outside the door, but I could -not hear any of their conversation. The prisoner put me on my guard several times about Sullivan ; in consequence of this I took good care to watch him, but nothing went ■wrong during his residence at my house. I never saw the prisoner with Sullivan. __^~~- ; Mr Home' declined to cross-examine tho witness. Elizabeth Ellis, being called and sworn, deposed — I was barmaid in the Golden ]?leece Hotel in the month of May last. I remember three men, Burgess, Kelly and Sullivan frequenting that house. I recollect having heard of a robbery that had been committed at the Camp. I recollect Burgess, Sullivan; , and Kelly speaking about the robbery. I was serving drinks at the time. I was barmaid rfor six weeks. I was subpoenaed as a witness on behalf of theOrown. The subpoena was served upon me on board the Bteamer Bruce, and in obedience to it I came on shore. I was Spoken to by Mr Broham concerning the evidence I was to give. I attended the Court for two or three days. Sergeant Dyer told me that I would not be called. He did not f assign any reason for my not being called. „ Cross-examined by Mr Horne — The prisoner was, very frequently at the house. I have , seen him drinking with Burges«, Kelly, and a ; man named Chamberlain. Re-examined by Mr Rees — I have never to my knowledge seen prisoner in company with Sullivan. John Valentine, being calle'dand sworn, deposed — I am a hotel proprietor. I know the prisoner at the bnr. In the month of ' ' May, 1866, 1 was keeping Valentine's Hotel. ' Two men were twice at my house. The prisoner warned me that these men were thieves and vagabonds, and that they wt-re ihe parties that assaulted Messrs Brazen and Mcc at the Dunedin Q-aol, Otago. He told me their names were Burgess and Kelly and that one of them had another, name. This was sometime before the robbery at the Camp. These men were not introduced to me by the prisoner. Cross-examined by Mr Home- —I know a person named James, who was one time a Warder in the Dunedin G-aol. He told me about Burgess and Kelly, but not until after the prisoner had placed me in possession of the information. James Hickson recalled, and examined by Mr Horne — L know that as soon as the arrival ot Burgess and Kelly became kuown orders were issued to the effect that jewellers, publicans, and others were to keep a sharp look out. In the discharge of my chity I issued such orders to the prisoner and it was a part of his duty to acquaint the public t* ith same. Cross-examined by Mr Rees — I did hear of tKe loss of Constable Cosgave's revolver, about a week before the robbery at the Camp. Tho case went with it. - This closed the defence. The prisoner was then fully committed to take his trial at the ensuing sessions of the Supreme Court to be holden at Hokitika. Mr Rees then applied that the prisoner be admitted to bail. His Worship— l shall not admit .the prisoner to bail. Mr Bees — Am I to understand that your Worship refuses to take bail ? His Worship— Yes, certainly ; and I have my own reason for so doing.

Andrew Sycamore was then charged with embezzlement. On the application of Mr Rets he was remanaed till the 28th November. Bailwas allowed ; himself in L2OO, and two stireies in LIOO each. Bihglahy. — James Moriarty, alias Trotters, (on femancO was charged with burglary and larceiy. Jno. Lazar, being called an'l sworn, deposd— l am Town Clerk for Hokitika. I remenber the night of the 30tfi November. I Bleptat the Cafe de Paris on that evening. The h'mse is kept by Mr Solomon. I remembe\the morning of the 30th. About two or half-last two I was in bed and awake. At that tins I heard what I imagined to be a ■window closing, and I believed that it was one of ho lodgers, who had como home late, closijg his window. I took no further notice untl I heard a rustling at the righthand sidei of my dressing table. The next thing I htad was the cloth or something

falling to the ground. I then sat up in bed and felt a breeze comiug through the window, and immediately concluded that the window was open. I then jumped up out of bed and heard some ono striking a lueifor. I called out " Who's there," and as I received no answer I struck a match and lit a candle. I then found that the windo\*> was quite open, the dressing-glass pushed on one side, and my watch and chain removed. T then put on my trousers and wont outside. I knocked at Mr Solomon's door aud told him that a robbery had been committed. On my return from Mr Solomon s room I saw a cap lying outside the passage, and right under the window. It was a blue cloth cap with a blacjc leather peak. The cap now produced is very like the one I found. On the arrival of the police, I handed them' the cap. My watch and chain coßt L 34. I think I went to bed at about a quarter past 10 o'clock on the evening of the 29th Nov. My bedroom door was locked. Slight force must have been used to have opened the window. There was a small ketch on it which was not fastened. Wni. Roberts, being called and sworn, deposed— l am a chemist and druggist, residing in Hokitika. I remember the morning of the 30th November. I was aroused on that morning by hearing Mr Lazar exclaim, " I'vo lost my watch.' The house was speedily alarmed. I got up, and discovered that my window was open, and that I had been robbed of my watch and chain. My trousers were lying on the table. I had 12s or 15s in my pocket when I retired to rest, and that, too, was gone. When I went to bed, at about 1 o'clock that morning, I locked my door. The window was shut. My ■watch was worth L2O. About 5 o'clock that same morning I v was again aroused by Dotective Browne, who asked me if I could identify any of the coins he had with him. He then showed me some coins. There was one shilling atnougst them which I firmly believed was mine. On the afternoon of the 29th a girl paid me 7s 6d, and I observed while throwing one shiDing into the drawer that it was slightly defaced, and had the indentation of an awl. I don't believe that the shilling now produced is the one shown to me by the police on their return from the Camp, but I will not swear that it is not. Walter Scott Reid, being called and sworn, deposed — I am a Solicitor of the Supreme Court of New Zealand residing in Hokihka. I remember the 29th November last. I slept at the Cafe do ' Paris on that nighL. I remember a person entering my room that night, but I cannot say what the time was. I should say, judging from the time I had been in' bed 'that.it must have been between twelve and one o'clock at night. When I went to bed I closed the door. When the man came into my room he had a candle in hand and some matches. I asked him " What do you want?" He replied — "Oh! I beg prcrdon, but does MrThomson sleep here ?" He then left the toom. I heard of a robbery having been committed. This was at "a later hour in the night. The prisoner resembles the man that came into my room ; but I cannot swear that he is the man. The man that came into my room had no cap on. I noticed that he wanted whiskers, and that ho merely had a tufted beard. He was dressed iv a dark suit. Phineas Sulomon, being called and sworn, deposed — I am proprietor of the Cafe de Paris Hotel, Revell street, Hokitika. I re•side on the premises. The prisoner was in my employ about six or seven weeks ago. He was acting as a kitchen man, and was employed for about two days. None of the people about my place wear caps. Cross-examined ,by prisoner — You did not to my knpwledge misconduct yourself, and I don't remember why you left. I think it was because you "drank too mncli! Charles Browne, being called and sworn, deposed — I am in the Hokitika police. I know the prisoner. v I remember the morning of the 30th November. At about three o'clock that morning I heard that the Cafe de Paris had been robbed, and I proceed to the back of if, and went to Beach street. I saw' several gentlemen there, and among them Mr Lazar. He handed me a cap which he said he had picked up under the window. I then replied "That Trotter's 1 _cap." I searched many places for the prisoner, and found him in a tent at back of the Hope and Anchor Hotel. This was about 4 o'clock in the morning. He was lying on his bed with his trousers and vest on, and his boots and coat off. He was sober. I requested him to put on his clothes and como outaide as I wished to have a look at him. He had nothing on his head, and I reqiiested him to put on his hat. He looked about the tent for it in Oj careless manner, but was unable to fijul it. He then paid he did not know where it was. I asked him would he know it if he saw it, and he said he would. I then showed him the wimo cap that Mr Lazar handed to me, ond which I now produce. He looked at it for some lime, and said that it was not his. I then put it on his head and it fitted him. I searched the prisoner about three weeks beforo for the robbery o£ a brooch, and on that occasion T took his cap off and searched it. I then observed that it was torn on the left side just over the ear, and that the button hole had been broken and then re-stitched. I will swear that the cap produced is the property of the prisoner. At about 11 o'clock in the night on the 29th November, I saw the prisoner opposite the Shakspeare Hotel. I took the prisoner to the Stationhouse and searched him. I found a sovereign and 30s in silver. The shilling now produced is the one taken by me from the -prisoner. Cross-examined by the prisoner — When I came to your tent I asked you to get up. You did not tell me that you had been at Mr Higgins and had got involved in a fight there. Mr Higgins told me that you had had some drink there. It was suggested by one of the constables that a r man named Levy wore a cap like yours, and I went in to see. Levy's cap' was much larger. The prisoner was here remanded, and the Court adjourned till 11 a.m. the following day (Saturday).

Saturday, December 22,

Drunkenness — Alexander Thompson and Charles Marrets were charged with being drunk and incapable, and the same being clearly proved, they were respectively fined 55., iv default of payment, twenty-four hours imprisonment. Another charge of disorderly conduct was preferred against the prisoner Marrets. and the same being proved, he was fined lost.

Hoese-stealing. — John Davie was charged with this offence, but the evidence not being sufficiently strong to warrant his qommittal he was discharged. Obtaining Money by False Pretences. — John S. Beach, on remand, was charged with this offence, and after a patient examination, his Worship deemed the evidence sufficiently conclusive to warrant him in committing the prisoner to take his trial at the ensuing sessions of the Supreme Court to be holden in in Hokitika.

Buhgxaby, &c. — James Moriarty, on > remand, was charged with this offence. Inspector Brohum applied for a further remand, and the same was granted. The Court was thon adjourned till 11 a.m. on Monday.

Monday, December 24.

Drunkenness. — James Thomson was fined ss. for this offence, in default of payment, twenty-four hours imprisonment.

Disorderly Conduct. —James Richardson and Charlotte Harrington were charged with b^ing drunk and disorderly. Richardson was fined L 2, and Harrington LI.

Bbeach ot the PrACE.— Richard Owen and John Rankin wore charged with committing a

breach of tho peace in view of a constable, and the offence being clearly proved, they wore respectively mulcted in the sum of 55., in default of payment twenty-four horn's imprisonment.

Lunacy. — George Brennau (on remand from Ross) was charged with being of unsound mind, and, on the application of Inspector Broham, he was remanded to tho 28th instant.

December 26. .(Before GL S. Sale, Esq., J.P.)

Drunkenness. — Geo. Joluiston, Frederick Obstein, and James M'Grill were charged with this offence, and respectively fined 55. ; in default of payment, 24 hours imprisonment., Disorderly Conduct. — Thomas Cain was charged with this offence, and fined, L2;°in default of payment, four days imprisonment. James M'Grill was also charged with this offence, and mulcted in the sum of 15s.

Lunacy. — Bridget M'Mahon was charged ith being of unsound mind> and, on the application of Inspector Brohatn, she was remanded for medical examination till the 27th iust.

Uttering.— Louis Boland alias Bourcard was charged with uttering certain bank notes well knowing them to be forgeries. Inspector Broham applied for the prisoner's remand to Grreymouth, and the same was granted. The court then adjourned till 11 a.m., this day.