RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 281, 25 June 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, Jtoe 24, 1868. (Before J. Giles, Esq., R. M. IiAECEJTV. Murdoch M'Donald, was charged with having feloniously stolen from Roger Thomas, a deposit receipt for £4O, a miners right, a gold pin and eleven ounces of fine gold, at the Lyell. Detective Lambert conducted the prosecution. The prosecutor deposed—l am a miner residing at the Lyell, and know the prisoner who was a mate of mine. He lived in the same hut with me. On Monday week the 15th instant, we had gold in the hut. There were eleven ounces of gold in a chamois bag which was inside another; there was also, a deposit receipt for £4O on the Union Bank, a gold pin, and one old miners right in a pocket-book, the chamois bag with the gold also, bein°in the pocket-book. The depositreceipt was in my name. I saw the gold pin the evening before I lost it, on Sunday week. These articles were stolen from me I suppose, as I did not give them to any one. I sent information through the bank to the police. I can positively swear to the nugget that was on the head of the pin. The nugget produced is the same, but it has been broken off the head of the pin. I have no doubt whatever about it. The pin was in a thick chamois bag made to fit it, and Was placed separately in the pocket-book. The banwas only made four or five days before I lost the pin. I and the prisoner came down together from the Lyell, last Friday, the 19th instant, we were at Trimble's Nelson Hotel that night, and the prisoner was drunk, and I got him up to bed, taking his money watch, &c. from him; amongst other, things I found the nugget produced that I had previously lost. By the Bench —I first missed the things last Monday morning week. They

wore kept in my bunk, the pocketbook under my head. I saw the pocket book about 7 o'clock that morning. I left the hut about half-past 7 and went back about half an hour afterwards. I saw tho trunks had been disturbed, the bedding having been shaken up, and thought it singular. I did not make any search then and went out to work. I came in at dinner time and then missed the pocketbook and contents gone. The prisoner had slept in tho hut the night proceeding, but he was not there when I found the bedding shaken up. He was there at dinner time. When I found the pin on the prisoner he told me a man named John Hannibury gave it him, five weeks before ; this he said without my asking him any questions, and he added that he was the only friend he had. After finding the nugget I left the room, and prisoner made the statement as to Hannibury, afterwards, he spoke about it before I said anything to him about the nugget. Ry the Prisoner—Tou said to me, Johnny Hannibury had given you the gold. I know the man by sight and have known him six or seven weeks. I took £8 10s from you, or rather I did not take it from you, you gave it to me.

Charles M'Alister said—l am a mate of the last witness, prisoner was a mate also, and five of us lived in the same hut. The prisoner was a dividing mate of mine, as well as being mate with the others. He was not a dividing mate with the others excepting, as far as the claim we were then in. I remember the last witness having gold in his possession, about lloz, or thereabouts ; he had also, a pin which I saw in his possession four or five days before he lost it, as also, the chamois bag he made for it. ' The nugget produced I cannot swear to, but it is about the same size. The morning when prosecutor missed the things prisoner was cooking in the tent and was left at home.

By the Prisoner—That was not the only morning you had been left alone in the hut. I cannot say whether any one else was in the hut, that morning when I left it, there were others back to the hut of our party, but no others that I know of; there was other gold in the hut, I cannot say how much exactly, but there was over 20oz. I remember you going up the river four or five weeks ago to see a person John Hannibury, who stopped in our hut a night or two a fortnight before you went. I have known you three years, and during that time you have been working at the diggings. There was always gold in the tent previous to this-Re-examined —The 20oz of gold in the hut that morning belonged to William Hopkins. Prisoner was uot out of the hut on the variaus times we went back to the hut.

William Hopkins, another mate.Of prisoner gave similar evdence. The had seen prisoner show a pin to his mate but not similar to tbe one belonging to the prosecutor. In reply to prisoner the witness said he had been working with him on the West Coast since last April twelvemonths, and had never known anything against him. There was a wages man' stopping in the hut when the gold was lost. Ewen Kenedy who had been stopping in prosecutors hut for seven or eight weeks, remembered the gold being missed and gave other evidence similir to the preceding but could not identify the nugget or the pin. J. A. M. Turner, watchmaker and jeweller, proved that the nugget produced had been through the fire, had had sodler attached to it and 'seemed to have been a portion of a scarf pin. Thomas Miller had seen the prisoner on Friday night last, at the Nelson hotel, and Thomas was there also. Prisoner was taken to bed by Thomas, and witnee saw the nugget produced taken from his (prisoners) pocket. Prosecutor seemed astonished, at finding the nugget but did not say anything to myself at the time. J. P. Martin, agentfor the Unionßank of Australia, knew the prosecutor, and a receipt had stood in the bank to his name for £4O, for some months. Witness received a letter from him stating it had been stolen from him together with some gold. Witness then reported the matter to the police. The day after the letter was received Thomas and the prisoner went into the bank together, and some conversation took place as to cashing a receipt that had been lost. Prisoner took the chief part inthe conversation, and wanted to know if the signature of the person to whom the deposit was forged could it be cashed. Witness said it could, unless notice had been previously given that the receipt had been lost, in which case it would be paid to the defendant alone. There is no name on the receipt, but a number

only, so a stranger finding it would not" have the slightest clue to the name of the owner. By tho prisoner—You did ask if I would pay the money to Thomas if any one having the same account in the bank would go security for Thomas. I said no, utdess the person was a pesident, and well known to the Bank. Detective Lambert proved the arrest of the prisoner, who told him he had the nugget five or six weeks in his possession, and that he got in from a man named John Haiiuibury. Prosecutor prior to arrest identified the nugget in prisoner's presence. After the prisoner had been cautioned in the usual manner all he said was that he had slept in tho hut for a long time. Hannibury stopped two nights in the hut six or seven weeks ago, and had after that sent down word to him (prisoner) that he had struck payable gold and he went up in consequence. He saw a sample of gold, that Hannibury had several nuggets, from four to ten dwts. each, and he gave him one, the one produced. Alexander Campbell, called by the prisoner, proved nothing more than that he had known him for years digging. The prisoner was then fully committed to take his trial at the next sitting of the District Court, at Westport. Bail to be allowed, prisoner in £SO, and two sureties of £25 each.