DISTRICT COURT.

Manawatu Times, Volume V, Issue 128, 26 March 1881, Page 2

DISTRICT COURT.

WsDNsspATr, March 28, 1881. [Before his Honor Judge Hardcastle.J BOBBERY. Benjamin Canon was placed m toe dock charged that he did, on the 19th of cases of liquor* and goods, fße ~p76peTry .of James Piarman, to^flie value of £14. The*"pffsbner' was "undefended -awl pleaded " Not guilty.'* , ... The following Jury was sworn :~ James Whisker (foreman); William Reading, William Reed, James H. Pry, Richard Leary, Edward Ellerm, George M'Carthy, James Kibhlewbite, Patrick Maxwell, Andrew Eng, Charlea Walker* Thomas M. Drummond, -"■*•*' '•'" : Mr. Fitzherbert having briefly' ex» plained the facts of the case^ called James Parnaat> X who. deposed: lam a carrier- residing at Otaki. On the.lst or 2nd of January Zjra* taking a load on my,dray from Paikakirtki'tb Olaki, and when! got a little way up the beach I found I got into a- quicksand. In? order i to be, able to, proceed it became necessary i to lightenthe dr*?, and Hook three case* 3 of gin, .two cases of jpmething else, a case of sweets, a kerosene' lampp one dozen knives and forks, six flower pots,, six glass dishes, goods to the value of about £14, off the dray. I took them, some way m the sandhills, so that the tide could not get at them* and. having concealed them from sight with scrub* and sand, I returned to Paikakiriki; where I remained that night. Next morning I proceeded again towards Otaki ; but finding the beach still too heavy, I did not attempt to take the things up. ; Two days : afterwards I -left Otaki on my way ; to. Wellington, and as; I passed the spot whe^e the poods vere^ planted I saw that they, were safe: I had to remain spine, timeia Wellington °Kav^. ing mycarrre'paireel: 6ai my return oa . visiting the^spot 5 1 5 found 'they had been, removed, ancr at! Saw some, footmarks I followed them to Flugent's paddock,, where I saw the prisoner. He asked me. did I find my horse, and -I told him .not^ He told me he knew where it was, but C said I would not look for it then. I wenti towards Symons* paddock, and as I was. getting over the feace he followed? me*. Inside the paddock, but outside a -little building I saw a gin ease. The onej pro-, duced is the 1 same. I recognised it when Ts*w it, as I tfnew it by the numbers. -When the. prisoner came up be asked me what I was looking at the case for. I .told him hecauseit was one which I, had) put m the sand when I got stuck. He said it was nothing of the kind, Jon} one 'which Mr. Symons had fetched" there a, month previously. I told him that I waa. sure of its identity, as I could see the. sand m the aides and bottom. I asked to be allowed to take the number, and hehad no objection, but when 1 went, to da so I found I had no pencil* I wejit to, Mr. Cameron's to set one, and he re-, turned with me. When we came to thepaddock we saw. the' pritonier iii the. wbare, and as I was going towards it X prisoner ran to intercept me, taking the boxt He did not give me a chance of seeing the number, as he picked up the. box and ran toward the house. X wanted him to give me the box, but He would; not, as he said it belonged to Mr. Syraons.. I told him he must know that the boxbelonged to me, and all I wanted was to, get the number. We had a, somewhat protracted struggle, finally. X got the box,, and Mr* Cameron took it hpme« I took the case down to Mr. Cameron,'s houseand left .it there. I would know th* other articles which.! had concealed.. The lamp, glass dishes, , harness, rock-, salt. I never gave any permission to. have the things removed.. After findingthe case. I communicated with Constable. Mitchell. I Have known the prisoner. ■ To the Prisoner: It is about a mile* and a, half from Paikakiriki to where the. goods were Luried, but from the turningto it is not so fas*. William Cameron deposed : : lam a.. groom, residing at Paikakiriki. I know the prisoner, who has been living theresince June H On the lfyh o£ JanuaryI saw him and Symons going over the. sandhills, m the direction of Otaki. They were going m a zigzag manner. I sawthem going over the sandhills, on two oc-. cashns. I saw James Parman on Thurs-. day, the 2nd or 3rd. I nex.t saw Parman, and ..prisoner together at the stables.. There was a great struggle for a> gin case,_ which tyiaHy Parman got possession of. I took the brand, ihere was " 355 " on it^ while the end and sides w«.re marked? with sand. I took the box^and:' locked it up until X handed it to Constable Mit-. ehell. •,■;•■ To Prifoner': Tun were running when, Parman had the axe m his h_and. He. said, •> I'll kill jW Oj something of.that sort. . Alfred James Mitche^ deposed r 1 am, a member of tb* Armed Constabulary,, stationed at Qtaki. I know the prosecu r tor, who gave me information on the 26th. of January that an, amount of goodwhich he had planted m. the sanjd at PatV kakiriki had been renxoved.. Acfng opon s that information I proceeded tatha^place and saw the prisoner. I told him a robbery had been committed: on -the sand-, hills, and asked him if he knew anything about it. He replied, "No^- I askedwhy he refused to let Parraan/ look at a, i»in case which W;hs. near rhevwhare. He. rt-pMed that it belonged to Symons,, and as Parman had tried to bounce him, he was not going to be bounced. After-_ wards he said he thought tjhjpre. might, have been something wrong, an,d he didt not wish Parman to take the number for. fnar he might accuse him of being con-. nee ted with it. I then arrested him and took him to Otaki. Two or three days after he had been locked up, he said he wonld not take punithment alone for what others tad helped him to do. and' that had it not been for Mr. Rvraoni, who was Ms njaster^ he wonld haye nev r $»uched the things. That vas on tie 19th. Symons bad came over to Paiktkiriki, and asked the prisoner wh< iher or not there were goods cncealed m tbe sandhills, to which prisoner replied "y.«-." At Symons* suggestion they both, w. Nt ct fbe spot where the goods were. Prisoner had a tomahawk and a b>g, Symons , a rope. On reaching the spot prisoner removed the covering, and by Symons instruction disturbed the case of Geneva gin and the eahettihubiskyT He carried the two cases by himself m two journeys^ t« % tan-diidge * short dtaMKe, away v

and by Symons' inductions I opened the whislqyytjtLthe aid of a tomahawk. Sym<m«« removed theUottles of wtiisky one by one and prisoner puFthem into a bag — therjj.bjeing twelve bottles m all. Pritoneriiextopehedsth'e^h.case aftti ,put One bottle m the bagi with £the' whiskey, the remaining pottionswere removed the same night. Vi By**- Symons^ instructions the big was removed to .the..hut cr where prisonertived. _~ Prisoner went one way and Sy^ns r *took another route. Symons and prison^agiija ir^visited the, plant, prisoner cutting the ease of Old' Tom open, putting the contents Jnla bag, and cari^j^iiE^bJogt^ quarter of.a mile dis-, fence, where it was buried m the 'sand-" hill^vElfev^n bottlerhf pin were mixed witjmeWp^g^tl^ln-^jmrll,- while eignTbo^rfere '•mashed; * said to prisoner, "Ifwiiaffou safbetrue^you had better come with~mr-to Paikakinki, and ftiubM M&tkftX Riant.", pHe said he would do so and he did" sot' Affer considerable trouble if was : disco vered, and I took possession of tbe-gonds and have had cbarge^of them ever since, ... . ' To:^f.fri»o^et{ I cer^inly Hid not promise that if you would turn" Queen's evidence you would gain.yourjiberty. ■„ t This was all the evidence for the prose(Sßtion, and tbe^prisonerj^wbo. called no witnesses, merely statedthat his previous ■tatement was^oprreot, but .that he was only* vsefvant of Synidns. After a short deliberation, the Jury brought a^tjrdio.t of .«• ?nd prisoner was sentenced to nine months' imprisonment. „_ __ •'*•>"• - Edward Symontf'was then placed m the dock charged with having stolen on the J9tfrllflJanTiwry,~certain cases of liquor and goodj3Jiei.^roperty of, James Farmar, to the value of £14 ' " "' Prisoner. ; pleadedTj 1 ' Guilty," and , was defended by Mr. Staite, assisted by Mr. Hawkins;;! :, /-p .r ■ The was almost similar to tbat'taken4n>'the^previ6us case, with'.tbTe exception tha,t>i the i■ , prisoner Cameron gave evidenjceftOjthe'ieffect that^Symons j>cciqfoiedf whole otXhe dir< nfi|^ : a |u 3 art|r;, to^fivie," when the B Jufy' r^irfcd^tp consider their 'verdict. At'half past seven intimation was given to the Judge that' they could not agree, and they were escorted to Batchelar's, where the^^re^cked qpTor the night.. At eigeft o'clock'lin^Thursday morning the Judge was a^ain^i atten'dahce, and upon the foreman lhtimattng that* they were as ftrr*off from agreeing as ever, they were discharged. .At half past ten, the Court sat again, and a fresh Jury empannelled of which Mr. Bailey, of the Bunny thorpe mills was elegtied: fojenygiot^e same evidence was gone over, and thesame arguments used by counsel. t«^o juries; were empanelled, nertner could agree, and "the case wairremanded until next«itting of the Court m June. ..' ._ M . r .