DISTRICT COURT.

Westport Times, Volume II, Issue 218, 13 April 1868, Page 2

DISTRICT COURT.

(Before his Honor Judge Clark.) Taturday, April 11. REGINA T. CATHERINE M'CARTHY. LARCENY. Catherine M'Carthy was brought up charged with stealing £8 in bank notes, the property of Mrs Augusta Bowden. The prisoner pleaded not guilty. Mr Pitt prosecuted on behalf of the Crown, and Mr Tyler defended the prisoner. Mrs Augusta Bowden deposed that she lived at Mr Samuel Hamilton's. On the 22nd last month she lodged at the Quartz Reef Hotel which was kept by Mrs Horne. On Saturday, the 21st March, she gave Mrs Horne a purse containing a £5 note and three or four £1 notes, besides a loose £5 note, which she returned on the following day (Sunday). She saw prisoner on the Sunday night at the Quartz Reef Hotel, and they had a glass of wine and some tea together, after which they went to prisoner's house. She had the money safe in her purse at the time. The £5 note she lost was a dirty one —like a £1 note with a hole in it. The note produced was the one she had lost. She could identify it as she had had it in her possession three or four days prior to losing it. When she went into prisoner's house the prisoner said she had no money in the house—only 15s to pay the rent with, and prosecutrix gave her a £1 note to buy a bottle of whiskey and she got the worse for liquor. The next morning she found herself in bed with the prisoner. On examining her purse she found a £5 note and three £1 notes were missing. On Monday morning she and the prisoner went to Samuel Hamilton's and engaged as dance girls for a month. She gave information of the robbery on the Tuesday. By Mr Tyler—She was a married woman and her husband lived at Charleston. She was living with her husband till about three weeks since, and was going to Victoria. Her husband gave her the money for that purpose. She went on the Monday to Mr Hamilton's to look for a situation, but she had no intention of taking it. She had a conversation about wages

at the time. When she went home with the prisoner she sent for a bottle of whiskey which they drank between them. No man was in the house at the time. When she awoke in the morning she found the purse in her pocket with a £5 note and 20s in silver in it. Both she and the prisoner searched for the missing money and could not find it. She did not accuse prisoner with stealing the money, nor did she give any information to the Camp till Tuesday about the robbery. They visited several places on Tuesday morning, but she told nobody she had been robbed. Both she and the prisoner danced at the casino on Monday night. The next time she saw the note, after missing it, was in Graham's hand. She identified it directly she saw it, because it looked like a £1 note and had a hole in it.

Frederick Smith deposed that he kept the Imperial Hotel, Westport. On Tuesday, the 24th March, saw prisoner at his house and she had some drink there for which, she tendered a note in payment. He supposed at first it was a £1 note, but on examining it closer he found it was a £5 note, and on mentioning the circumstance to the prisoner she said she knew it and wanted it changed. Not having sufficient change he took it into Mr Simpson's, the bootmaker's, who changed it for him. He believed the one produced was the same note. About half--an-hour afterwards Mrs Bowden came in and said she had lost some money. When Graham brought in the note the prosecutrix said at first that she could identify it, and afterwards that she could not swear to it—neither to the hole or the number.

Mr Pitt applied to have the depositions of Mr Smith read over. Mr Tyler objected, and quoted the Criminal Procedure Act in support of the objection. The Judge decided against the application.

Examination continued—She said she could not swear to the hole in Graham's presence. Mr Tyler argued that the prisoner must be acquitted as the indictment was wrongly laid. The money was the property of the husband and the indictment should have been in his name. The act was very clear on the subject.

Mr Pitt applied to have the indictment amended. It was only a technical difficulty and had nothing to do with the merits of the case.

The Court decided that the objection was all but a fatal one, and that the indictment could not be amended. The case had better proceed. James Simpson, boot and shoe maker, Gladstone-street, deposed to changing the note produced for the last witness.

Sergeant Williams proved apprehending the prisoner, and Margaret Horne corroborated the prosecutrix's statement as to minding some money for her.

On the application of Mr Pitt the prisoner's depositions was put in as evidence, and this closed the case.

Mr Tyler was about to press his objection, when The Court considered it useless for Mr Tyler to proceed with his defence, as there was not sufficient evidence to find her guilty. The jury accordingly returned a verdict of not guilty. The Court then adjourned till this day (Monday) at half-past two.