Moses Booth emigrated from to Australia on the John Pirie.
1 Convicted in Aucland CS of stealing two guns 20 sept 1844 and sentenced to 7 years KHAR
PPA Daily Southern Cross, Volume 2, Issue 73, 7 September 1844, Page 4
Supreme Court.? Septrmbeh 2. The Court sat at 10 o'clock, for the despatch of criminal business. The Grand Jury after being sworn, were briefly addressed by the Chief Justice, and retired to the room usually appropriated for them. The names of the petty Jurors were then called over, and J. Deuchar being abeent, was fined £5. The Grand Jury found true bills in all the cases submitted to them. The fir3t case on the roll was that of Moses Booth, and Thomas Fagan, for breaking into the premises of David Nathan, on the 20th of May, and stealing therefrom two guns, the property of Mr. Nathan. D. Nathan deposed that he is a merchant in Shor-land-Crescent. Thut he had left his warehouse on the evening.-of the 20th, the.double door being locked and barred. Saw warehouse next morning at 7 o'clock ;. found that part of the weather-boarding and back window had been cut out. The window wa? taken right out. Looked round the warehouse accompanied by the Chief Constable, when he missed 2. guns which he had left loaded; he recollects going a fortnight thereafter to the house of the prisoners, with the Chief Constable. Saw the prisoners, but found the house locked. After waiting 10. minutei, Fagan came up and asked " what we wanted there,?" and said Moses Booth, had the key ; he had not Been him for two hours. The Chief Constable said he would break open the house if Fagan did not find Booth. Fagan went away, and returned in 10 minutes, saying he had not found Booth, and that perhaps the key was next door. The key was found next door. The house contained one small room, with two berths. They looked under tbe bed and found the two guns. Fagan-eaid he knew nothing about them. Witness recognised them; they were his own property; (the guns were produced in Court and ideutifi d.) Saw in the same place a shirt which had been stolen from his Storekeeper. D. Cooper recollected the 20th of May, and going to the warehouse; the warehouse has two folding doors. Found the one in High-street open ; called Mr. Nathan's attention to it. After entering the warehouse, found tbe goods strewed about, as if the place had been ransacked. The property missing were hats, and 2 loaded guns. His own chest was broken ; missed a coat and a shirt. (The two guns and the shirt being produced, were identified.) Smith, Chief Constable, corroborated the statements of the former witnesses. G. Newland examined by Fagan> stated that he reeided three weeks with Fagan. They slept in the large bed on the right-hand side. The Chief Constable being recalled, stated that the guj?s were in the bed on the left side, concealed under the bedding. The Attorney General shortly addressed the Jury. The prisoners had neither Counsel nor witnesses; bot each of them addressed the Jury. Booth ackowledged that the guns were his property; that they were brought from Van Diemen's Land; and that Fagan knew nothing about them. Fagan also pro* tested hia innocence. The Jury found Booth guilty, but acquitted Fagan. William Stewart and Edward Lewis (a coloured man) were charged with stealing on the 7th August, a Leicester ewe, the property of Mr. S. Kempthorne. S. Kempthorne stated, that he resides on the Tamaki; is the owner of some Leicester iheep, which xi&a on the (arm of Mr. WiUiam± ; in (be same district.