RESIDENT MAGISTRATE'S COURT, WESTPORT.

Westport Times, Volume II, Issue 215, 8 April 1868, Page 2

RESIDENT MAGISTRATE'S COURT, WESTPORT.

(Before J. Giles, Esq., M.D., R.M.) Tuesday, April 7. THOMAS V. DEffMEI. This case was heard ou Monday, and was now brought on for judgment. Dr Giles gave judgment for the plaintiff for £25 and costs. NASMYTH V. O'BRIEN AJSTD DUFET. ASSAULT. This case was brought on in the court this morning, and was one arising out of the riot at Addison's Plat. The two defendants did not present themselves, and as the prosecutor did not appear, the case was struck out. A few debt cases of no public interest took the time of the court until noon. DISTRICT COURT. (Before his Honor Judge Clark.) Tuesday, April 7. queev v. Robert daniel smith, annie curtis, and bridget flyn. LARCENY. The prisoners were charged with stealing£26 in notes, from the person of Henry Grummich, on the sth December last. Mr Tyler appeared for Smith. Mr Pitt, the Crown prosecutor, opened the case to the jury. The complainant, on the 4th December last, went to a hall at a casino in Charleston, and afterwards went to the Newmarket Hotel with the prisoners. At that time he had in his possession the money alleged to he stolen, and on rising in the morning the complainant found that his money was gone. Henry Gru mmich, complainant, sworn —I reside at Charleston. I am a cook. On the 4th December last J went to a ball at the National Hotel. I danced with the female prisoners. I had then in my possession £29, and some loose silver. After the ball I went to the Newmarket Hotel, kept by the two female prisoners. We all four went together ; this was between

5 and 6 in the morning. The prisoners, Smith and Curtis went to bed, and myself and the prisoner Elyn went to bed together. I rolled up my trousers and put thorn under my bed. I then had my purse in my trousers pocket. Elyn then went out of the room, and came back in about a quarter of an hour after that. I went to sleep and did not wake until 10 o'clock. Prisoner Elyn was out of the room at the time. She soon after came in and came into bed. I then got up and dressed, and I found the trousers had been disturbed—my purse was in my pocket, and only three £1 notes were left out of tho £29, in which there were four £5 notes ; two on the BankofN.S.W".,oneon the Union Bank, and one an the Bank of New Zealand. The number of one Bank of New Zealand note was 2616. I identify the Bank of New Zealand note produced as the one I have just described—the other two notes produced look like the ones I lost. On missing the money I asked prisoner Flyn if she knew anything about the money. She denied any knowledge of its being taken. I couuted the money in my purse the afternoon previously. At that time the money was in the purse, and I never opened it again until I missed the £26 in the morning. By Mr Tyler—l am cook in an hotel. I had little or no conversation at the ball with the prisoner Smith. He could not have known that I had a purse of money on me. I saw Smith undress. He slept in a room quite away from where I slept. The £5 notes were sometime in my possession previously to the ball. The note I have sworn to is the one I had longest. I gave information to Detective Rowley as soon as I missed the money. I might have told the detective that I did not know the numbers of any of the notes. I recollected the number afterwards. I had no conversation with anyone about the numbers of the notes, until I told the detective I knew the number. I was sober when I entered the Newmarket Hotel. Re-examined.—l remembered the number of the one note, because it was only four figures and easier to bear in mind than the others. I was too excited when I first told the detective to think of the number.

By the prisoner Flyn—To a asked ine when I turned in to let you take care of my money if I had any, as you had no lock on your door, and as strangers were in the house you could not be responsible if it was lost. Ido not know that you paid for the last two drinks we had in the ballroom.

By the Court—The only reason I know the particular note's number was, that it was longer in my possession.

James Bouse, deposed—l am a groom in the employ of Rirnmer and Forder, of Charleston. On the 6th December the prisoners Smith and Curtis came to the stable with another young woman, and hired three horses to go to Brighton. Smith then gave me a £5 note. I marked it at the time and took the number. Detective Bowley came about the note, and I gave it up to him—this was on the 7th December.

By Mr Tyler—l saw Grummich in company with Detective Rowley the day the horses were hired. They came together into the stable. By the Court—The horses did not return until two days after. Jane Poole sworn—ln December last I was in business at Brighton. The prisoner Curtis came tj my shop about 12 o'clock on the 6th of December and purchased a dress. She paid me two £5 notes. I do not know the banks the notes were on. When Detective Rowley came I gave the notes to him. I cannot swear to the notes produced. By the Jury—My impression was that one of the notes was newer than tho other that the prisoner gave me. I handed the change to the female prisoner Curtis, and she handed it to the prisoner Smith. James Rowley, a detective in the goldfields' police force, deposed—l know the prosecutor, and from information he gave me I went to the house of the female prisoners. I saw Mrs Flynn there, and I told her that Grnmmich had lost some money. I then went to Brighton and saw the prisoners Smith and Curtis there. I charged them with stealing the money from Grummich. I searched Smith, and found two halfsovereigns and 15s. in silver on him. I afterwards got two £5 notes from Mrs Poole, that had been paid her by the prisoner Curtis. I identify the notes produced. By Mr Tyler—At the time prosecutor informed me of the loss of his money, he told me he could not tell the numbers of either of the £5 notes. He told me the numbers after I returned with the prisoners from Brighton. Whilst we were coming from Brighton the prisoner Curtis said she would clear the prisoner Smith.

By the Jury—Smith has not been living with the two female prisoners. He has been working at the Casino. By the Court—The prosecutor never told me the number of the note. He first told the number when he gave his evidence in the Resident Magistrate's Court, and to my knowledge he had never seen the note.

John Hunger deposed—l am one of the proprietors of the Casino at Charleston. Smith has been in our employ since September last. He was moneytaker, and between £BO and .£IOO has passed through his hands weekly. He went to the ball at the request of one of my partners, who wished him to take the two female prisoners. This closed the case fer the prosecution.

Mr Tyler then addressed the jury, stating that he wa3 counsel for Smith, and he hop ;d if any remarks of his militated against the other prisoners they would excuse it, as he did not wish to get Smith acquitted at the expense of the two other prisoners. He called

Annie Conroy, who stated as follows lam living at present at Brighton. I went into the Newmarket Hotel in company with another woman. "When we got in Mrs Flynn was behind the bar. "We knocked at Curtis's door, and she came out, leaving Smith in bed. I stayed a few minutes, when I went over to the stables and ordered three horses to go to Brighton. I did this at the prisoner Curtis's request. I saw Curtis hand Smith some paper and tell him to pay for the horse hire, as it was better for a man to pay than a woman.

No other witnesses were called for the defence, and Mr Pitt proceeded to address the jury for the prosecution. The learned Judge having summed up, pointing out the jury the conflicting nature of the case. The jury then retired to consider their verdict, which was as follows :

Not guilty against Smith. Guilty against the two female prisoners, Curtis and Flynn. His Honor, in discharging Smith, remarked there was no stain on his character as regarded this larceny. His Honor sentenced the prisoners Curtis and Flynn to nine calendar months imprisonment with hard labor.

REGINA V. HERMAN LONDON AND ELIZABETH JACKSON. LARCENY. "The prisoners were charged with stealing the sum of £46 from the person of Michael Elannigan, on the 9th December. Mr Tyler appeared for the prisoner London.

Michael Elannigan deposed—On the Bth December I was at the Muaster Hotel. I left the hotel at 12 o'clock at night to go home. As I was going home the female prisoner, who was standing at the door of her house, called me in. I went into the room and had a drink, and after that I remember nothing. On the Monday morning I came to my recollection. I then had two £2O notes and some single notes and change on me. They we're in a pocket-book in my left hand trousers pocket. When I awoke my pocket was turned inside out and my pocket-book was gone; the half-sovereign and some silver I found on the floor. The female prisoner was in the room. I asked her for the money. She said she knew nothing about it, and asked me if I knew the number of the notes. The prisoner London was lying in the next room on a stretcher. I told him she (meaning the prisoner Jackson) had robbed me of the money. He said he would do his best to get it for me. I sent out for some gin, as I thought I should by this means get my money. Half an hour before I went into the house I had the notes safe in my pocket. By Mr Tyler—lt was at 12 o'clock at night that I went into the prisoner's house. I had been drinking. I last saw the notes about half an hour before I left the Munster Hotel.

William Irwin, a constable in the goldfields' police, force, deposed—ln December last I was stationed at Brighton. Prom information received I went to the female prisoner's house. I saw London, and I then went into the female prisoner's room. I had a conversation with her, and she said she had robbed him right enough, but of not so much money as he had said. She said she had taken two £2O notes and three £1 notes, and she said she meant to stick to it. She then told me I could stand in if I would not say anything, and I could have a third of the plunder. She said if there was a policeman in Brighton who would stand in with her she could always sling him a oner or a firer as he passed up the street. I went to the back with London then and told him I knew all about the money being stolen. He then wrote out and offered me a cheque, but did not sign it. I then arrested the two prisoners.

By Mr Tyler—London was sober when I went into the house. The female prisoner was also sober. She was asleep when 1 first went; into the house. I never borrowed any money in my life from London. Robert Carruthers deposed—l am gaoler at Brighton. I remember the prisoner being given into my custody. I searched the prisoner Herman London at the time, and found a few shillings, letters, &c., on him. By Mr Tyler—The female prisoner was suffering from drink when she waa brought in, and was very ill from the effects of it whilst in gaol. This closed the case for the prosecution.

Mr Tyler having addressed the jury for the defence, called a man named

Beaver, who deposed—l know the prisoner, who came to my house in presence of a constable, and wanted me to bail him out, and he wanted to give me a cheque to help to bail him out.

By the Court—l have known the prisoner London for some years. He was in partnership with his brother in Dunedin. The two prisoners have lived together in Brighton. The Counsel for the prisoner London called no other witnesses, and the Crown Prosecutor replied on the case. The learned Judge recapitulated the evidence, and pointed out the difficulty there was where two prisoners were charged with the same offence to pick out the evidence applicable to each. He then proceeded to point out the various points bearing on the guilt or innocence of the prisoners. The jury having retired, in about half an hour returned into Court, and gave in a verdict against both the prisoners. As the prisoner London wished to give evidence as to character, the learned judge adjourned the case until 11 a.m. this day.