UNKNOWN.

Inangahua Times, Volume IX, Issue 1390, 21 April 1884, Page 2

UNKNOWN.

Saturday, April 19th, 1884,

(Before P. Brennan and G. Wise,

Esqs J.P.'s.)

VAGR NCY.

! am'el Gilbert appeared on remand t» answer a charge preferred against him by the police of being illegally on the premises of Mr W. iudinarsh, on the night of the 10th February last.

Mr Lynch appeared for defendant, who denied the charge

Mr Hindniarsh was called and stated that on the night in question he was in bed and his daughter came into the room and reported that there was a man dodging about the centre-tree in the front garden ; he put on his clothes hurredly and went out by the side door, and just as he stepped on to the verandah he heard the gate close and saw a man running down the road ; could not identify the man, but reported the circumstance to the police. His daughters were able to identify the man.

Ella Hindmarah : I am the daughter of William Hindmarsh and recollect the evening of the 10th February last very well ; between half-past ten and eleven I was pulling down my blind when T saw a man in the garden ; he was dodging behind the centre tree ; I called my sister, and then went for my father ; n>y father got up, and the man ran away ; I identify the prisoner as the man I saw on that occasion, but his hat was more over his eyes : I will swear to the identify of prisoner; it was a beautiful moonlight night.

By Mr ' ynch : He was standing hear the centre tree when I first saw him, about twenty feet from my window ; the moon was well up at the time; he was not standing in the shade ; I watched him for about 10 minutes ; I have no doubt whatever as to the man ; I could not exactly distinguish his features, but I knew him by his figure, clothes and hat ; I could identify prisoner from a crowd of persons, and have not the least doubt about the man. Prisoner was brought to me by the sergeant, I could have identified him without the police bringing him ; t is seven days since the sergeant brought the prisoner to our place ; I could identify prisoner anywhere ; did not see prisoner between the 10th February and the day ho was brought for identifi nation ; the sergeant told me that prisoner had changed his clothes. i

By the police : I identified the prisoner directly he was brought to me by the police. Eva Hindmarsh : I am the daughter of William Hindmarsh, and recollect the 10th Feb., last ; on that evenin £ there was a man outside in the garden ; we watched him for ten minutes, and then my sister informed .my father ; the prisoner is the man ; it was clear moonlight ; I identified defendant when he was brought to oar place by the police the police ; on the night in question he had his hat down over his eyes ; I identify the man by his figure ; he had light trousers and a dark coat on ; I swear o the identity of the prisoner.

By Mr Lynch : I could have sworn to the man if I hail seen him in the street ; I did not see his. face, hut am positive as to he figure and clothes. /Sergeant Neville : In consequence of numerous complaints made to the police about some person prowling about the residences of people in the town I weni with constable' M'Maiius tV> defendant, who was staying at . Cochrano'a Hotel ;.

told him of the reports and said that many people /suspected him of being the gilty person ', .he said he knew of the reports, and was anxious to clear himself from suspicion, suggesting that he should be taken to a.mie of the people to see if they could identify him; I said that was the very course I would have suggested myself, and said we would go at once to Mr Hiudmarsh's ; at this he hesitated, saying he was not ready, -but after a good doal of persuasion consented to accompany me ; we went into Mr Iliudmarsh's parlor, and the two daughters came in ; I had previously told Mr Hiudinarsh to say nothing in the presence of defendant ; defendant ■ was sitting on the sofa with his hat off when they entered the room ; I told him. to stand up and put on his hat, and he did 30, and was then requested to leave ; it was in reply to an inquiry by Mists ' H induiarsh that I said defendant had 'changed his clothes; when I took the man" to the house I asked Viiss Hindmarsh if- the defendant- was the man; T said it was a serious matter, and to be careful in deciding ; she replied that defendant was the man, but he had on different clothes ; I asked her what kind of clothes he had on the night in question, and she said he wore a dark coat and light trousers"; it waß Miss Hindmarsh who first suggested that defendant had changed his ..clothes ; I .did not do bo ; since these proceedings have been taken against defendant there has been no complaint to the police of persons prowling about private houses. Cross Examined : Mr Hindmarsh was aware that defendant was to be brought to the house for identification. •

David Cuchrane : I am a saw-mill proprietor, and defendant was in my employ ; cannot exactly recollect the 10th of Feb., last, but as a rule I come to town on a Saturday and return to the mill on Sunday ' r lam not aware of anything "particular being reported to me on the night referred to ; defendant left work at the/ mill on the 7th February, and came to Reefton ; subsequently had a conversation with him in reference to the charge now made against him ; told him he was suspected of being the guilty person, and he said it was " very rough," that being a common expression of his ; reported to him what Mr Hindmarsh had said, and he merely replied that it was "very rough," could not swear whether defendant slept at our hotel on the night in question ; have always regarded defendant as quiet and well behaved.

This closed the case for the police,

Mr Lynch submitted that there was no case against defendant ; the evidence of identification was unreliable, none of the witnesses having seen the defendants face, and all they relied upon for identification was his figure, and it was absurd to think that any person could speak positively upon such evidence. He called the following evidence.

Joseph Turner : lam a sdwyer living at Cochrane's mill ; accused worked with me ; I came, to Eeefton on the 10th

February • an d met accused at Gochrane's liotel ; on the following flay, Sunday, I was with defendant and Brown; this was after people came from chnrch ; can't say what time it was, but must have been half past ten o'clock ; we were together from 8.30 to 10.30; would not swear positively to ten or fifteen minutes ; never knew defendant to h«v© any other clothes thau those he has now got on ; defeudant did not sleep in the sameVoom as I did.

Cross-examiued : Was with defendant up to between 10 and li o'clock on the night of the 10th February ; never saw defendant with a necktie on ;

he had left the mill; don't known what defendant did after leaving me.

Thomas Brown : I am a sawyer and know the accused ; recollect being with him at Cochrane's Hotel on the evening of the 10th February ; we went up to the pos office together, and then returned to Cochrane's ; this was about 11 o'clock, and I remained with defendant a quarter of an . hour after ; defendant then left me to go to bed, and I went up town, and did not again see him that night; have known defendant fifteen years, and he has always borne a good character so far as I know ; believe defendant had on the same clothes he now stands in.

Cross-examined : Won't swear it was a quarter past 1 1. when I left defendant, it would be about that time.

Edward Macalister. : lam a printer, and live at Cochrane's hotel ; I know defendant, and met him at Cochrane's on the evening of the 10th February ; defendant slept in the room adjoining me and I heard him talking ; am pretty, certain it was dt fendants voice.

Win. Cochrane: I know the defendant; he stops at my hotel; on the 10th February defendant and two others came in and had a drink f they then said they were going to bed ; at 12 o'clock I looked into defendant's room, and saw him in bed apparently undressed.

Cross-examined : Am certain the day was the 10th February ; defendant was a steady man ; did hear of a circumstance that happened about that time, one of the actresses complaining that defendant had tried to get into her roum.

The Bench dismissed the case, being of opinion that the evidence of identification was insufficient.

The Court then adjourned,