DISTRICT COURT.

Westport Times, Volume III, Issue 464, 11 February 1869, Page 2

DISTRICT COURT.

Tuesday, Feb. 9. (Before His Honor Judge Clarke.) THE AMALGAM BOBBERY AT ADDISON'a. Stephen M'lntyre was charged with stealing 274 ounces of gold amalgam from John M'Geehin, at Addison's Flat. Mr Pitt, with whom was Mr Tyler, acted as Crown Prosecutor. Mr | Home appeared for the prisoner. I The evidence in this case has been j so recently published that it is not necessary to report it in full. The following was the evidence of two witnesses who were not present at tbe examination before the Resident Magistrate : John Shallcrass : I am Inspector of Police at Nelson. I caused the prisoner to be arrested on the 29th of December. He had £l6 in halfsovereigns in his possession when he was arrested. On the 2nd of January he sent for me, and told me a great deal about his private affairs. He told me that he was an uncertificated bankrupt in Victoria, and that the money with which he had purchased the draft from the Bank of New South Wales, was money that he had secreted from his creditors and brought with him to the West Coast; that it consisted of sovereigns ; and that, during the time he was at work at his claim, he had hid the money in the ground either in or near his tent. By Mr Home : After I had given my evidence in the Court, he told me I had misunderstood him; that he was left penniless at the time of his insolvency ; and that the money was earned afterwards, but that, having no certificate, he kept it secret so that it should not be claimed from him.

Fredrick Donovan : I have known the prisoner for about three years. I knew him in Victoria. I remember him coming to Addison's Flat iu April last. According to his own account, he had only one shilling when he arrived on the Flat. While on the Flat he told me that he had lost a pocket-book containing money some letters, and his bankrupt's certificate. Mr Horn applied for the discharge of the prisoner, on the ground that a person could not be convicted of larceny of property which was owned by himself, or partly owned by him. There had been an attempt made by the prosecution to prove a treasurership or trust on the part of M'Geehin, but he considered that it

had failed. There had been no such appointment either verbally or in writing. It was a case similar to that of a business partnership, and, to sustain the case, there should have been established clear and distinct possession on the part of M'Greehin as a servant or trustee. He disputed the applicability of the cases which had been cited from authorities by the Crown Prosecutor. The Crowti Prosecutor replied. He urged that it might be left to the jury to say, upon the evidence, whether M'Geehin was. the custodian of the property or not. His Honor was very reluctant to withdraw the case from the jury, but he was under the impression that it coald not be maintained. He did not think the evidence went the length of constituting M'Geehin a bailee. Supposing he were a bailee, he should be

responsible, and he did not think that he was in the slightest degree responsible to other parties. He was only responsible for gross negligence, and he did not seem to have been guilty of negligence. Under the circumstances he did not think that the case could stand. He must ask the jury to acquit the prisoner, on the ground that the evidence had failed to sustain the information. The jury accordingly returned a verdice of Not Guilty, and the prisoner was discharged. "Wednesday, Feb. 10. Jane Hasnon was charged with stealing a £lO note, the property of Elizabeth Margaret O'Reilly. The Crown Prosecutor stated the case and called the following witnesses : Elizabeth Margaret O'Reilly: I reside at St Kilda. I remember the evening of the 19th of November. I was at the prisoner's house. Afterwards I went to Mrs Murphy's. About twelve o'clock she came for me to sleep at her place. I went with her, and we went to bed about twenty minutes to one o'clock. I had in my possession four £lO notes. The numbers of the notes were in the purse with the notes. They were numbered 4155, 5690, 5866, 3159. I had taken the numbers about a fortnight before. I went to bed. I remarked to the prisoner that I had laid my purse outside. She said it did not matter, as there were only two of us in the house. During the night, her child cried, she got up, struck a light, and went into the adjoining room. The partition was of caiico, and I saw the shadow of her form stooping over a box. I also heard the " click" of what might be the indiarubber band of my purse. I asked her to bring a light, butßhe came without a light, and moved about the washhand stand. She then went out and came in with a liarbt, and I saw the pur e on a different place from where I had left it, and partially opened. I examined it, and found the notes were in a different pocket, and that there were only three instead of four. The number of the missing one was 3519, Bink of New Zealand. I asked the prisoner for the note, and she denied having taken it. I told her the note was of no use to her. She told me to go to bed, and she would

give me two £5 in the morning. I told her I did not want two fives ; that I wanted my own £lO note; and that she- should give it up, and not bring disgrace upon her family. I eaid I should go for a policeman, but she told me that there was no one in St. j Kilda, and ehe threatened to put me out. She partially dressed herself, I went to the back door, and called out. Three men came, and I tcld them the cause of the disturbance. I told them I suspected the note was in a particular part of the house. She threatened to shoot anyone that would go there, and she threw a bottle and other articles at me. I took a hold of her, so that she should not get hold of the pistols, and I asked one of the men to to Mrs Murphy's to call some one I for me. When he was gone, she be- | came violent again, and then offered me two £5 notes and to say nothing about it. John M'Ceogan came over. I shoved her into the room, and she burst through the calico, aud went out at the bat--k-door. The three men and I made a search, and in the trunk we found the note. I found it. It fell from the folds of a shirt or chemise. The note produced is the one I found. I went to Mrs Muphy's, and sent for the police in the morning. John M'Ceogan stated that when the note was found, the last witness gave its number before it was examined. The prisoner came in at the time, and said " If you have got money there Miss O'Reilly, you must have put it there yourself." Peter Harris gave further corroborative evidence, and Constable Neville proved the arrest of the prisoner. The prisoner, who was undefended, denied all knowledge of the matter. His Honor said the credibility of the prosecutrix was the only question for the jury to consider. Believing her evidence, they could have no difficulty in giving their verdict. The jury found the prisoner Guilty, and, she was sentenced to six months' imprisonment with hard labor. LABCEVY. Elisabeth Jackson was charged with stealing £l3 3s. 3d., the property of Frederick Kobinson. The prisoner pleaded Not Guilty. Frederick Kobinson ; I am a miner. I know a house in vVestport kept by a woman called Kate Kent. In November last, I went to her house. I went there about the middle of the day. I had two £5 notes, and three £1 notes in a chamois leather bag, I had seen the money about five or ten minutes before I went to the house. I told Kate Kent that I was " half-tight," and was going to have a sleep. She said " All right." When I awoke, the prisoner was there. I pulled out the chamois bag. It was the same bulk, but it was tied with a " granny's knot." I opened it, and found three or four bits of newspapers in it instead of my notes. Kate Kent was asleep in the other room. I then gave information to the police. By the prisoner: Ido not recollect seeing you before I awoke, or giving you monev to buy ale. Kate Kent: The last witness, on calling at my house, gave me two shillings to get some beer. When I returned the prisoner was there, and she and I took some of the beer. I was in and out of the rooms of the house. I noticed the prisoner coming out of the room where Robinson was sleeping, with notes in her hand. I observed her turning over Bobinson on to his side. I asked her where she got the notes from, and she said they were not mine. The prisoner put several questions having no bearing on the case. ConstableDavidson: Irememberwhen the prisoner was brought to the Camp. The last witness was in charge also, and I heard a conversation between them. I heard the prisoner say " The bloody fools ; I have got it. I would do ten months again for it. I have got the bloody money, and I mean to keep it. They may pick my pocket to-night, but they won't get the money. I have not got it here. I have got it somewhere else." By the Prisoner: I will swear it was you I heard speak. George Clarke gave evidence of Constable Rooke's departure from the colony for Melbourne, and Constable Rooke's depositions were allowed to be read, under the 72nd section of the Justice of the Peace Act. The prisoner made no statement in defence. His Honor said that, as in the last case, the verdict depended on the jury's estimate of the credibility of the evidence. The circumstances were suspicious, but might not be sufficient except for the prisoner's conduct and statements afterwards. The jury found the prisoner Guilty. His Honor said he had taken a lenient view of the prisoner's offence on the last occasion on which she was before him, but she seemed to be incorrigible, having been only seven weeks out of prison, and he sentenced her to imprisonment and hard labor for eighteen months. This concluded the criminal business of the sitting, and the Court was adjourned until eleven o'clock to-day, when His Honor sits in Bankruptcy.