Court case over a stolen watch
PPA Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 42, 23 May 1844
COUNTY CO URT.
TUESDAY, May 21, 1844. This morning tit- court was opened for the pur= pose of trying criminal cas>-s, but we are happy to say there was only ope case for trial, viz. ? two lads foi stealing a watch, front Mr. Georoe Pais ? tmgton. Watchmaker, Siiorvland descent. On i ailing over the names of the Jurors the fo!s lowing gentlemen did not answer, Win, Monk, Samuel Mullens, John Newby, J. S. Polack, Wra, Porter, and Edmund Powel ; each of whom his Honor directed should be fined 51, but if they could show that the summonses were not put into their possession in sufficient time to attend the court, he would rescind he,fine. His Honor made these remarks in const quence of the bailiff informing him that he did not serve the summonses personally, on some of the Jurors as they were out of town, but the'sutmnouses were left at their respective residences. John Taggart arid John Sands were indicted for stealing a silver watch, from Mr. Geo, Partington, on the night of the 19th March, 1844, to which they pleaded Not Guilty, The Crown Prosecutor addressed the Court and Jury on the merits of the case, and called Mr. George Partington, who, on being sworn, said, I am a watchmaker, residing in Auckland, and I know the prisoners at the bar. Some short time before the 19th of Match, some of my neighbours called my attention to the two prisoners, but on the evening of the 19th of March, I was going to the play with my youngest (son, and I noticed the prisoners watching me, so on account of seeing the prisoners I did not go to the play, but stopped at home for an hour, and as I did riot see the prisoners then about my house 1 went out, and on my return, about half past nine, I found my door unlocked and rny trunk of clothes all thrown about the floor, l then went into the bed-rooin and fonnd the things all laying about the floor. Ob the following morning I missed a silver watch, a ring, and other articles. The watch produced is the watch I lost, as I know the No. 7754. Crosss-examined by prisoner Taggart, what made you think that I watched you more than other people, who cautioned you against me ? Witness?l do not think it right that I should answer that question, without the Judge wishes it. His Honor said he thought witness must answer that question. Witness then said the shoe maker next door,had cautioned him to look out for the prisoner. By the court, can you say whether you had the watch in your hand, on the day you say it was lost. Witness.?From the general routine of business I have no doubt 1 had. By the J ury.?Do you enter the Numbers of your Watches in a book ? Wituess.? l do. Thomas Hardy, a labourer, on being sworn, identified the watch, which he said he bought from the prisoners at the bar, on a Thursday, about six weeks since, Sands got the money, Taggett gave me the watch, I had been asked by the prisoners
to buy the watch on previous occasions, I am qaite certain the watch produced is the watch I bought from the prisoners for 15s, By the prisoner Taggett ?When you were before Mr, Mathew did you not tell him you did not know the watch was stolen. Witness.?l did. Prisoner.? Did you not refuse to give it up to the constable. Witness.?l did. I hid the watch and told the constable it was at Epsom, but when we went to Epsom f told him the watch was in Auckland, and before I got back the watch was found. There was no one present when I bought the watch. Prisoner. ?-What made you conceal the watchWitness.? Why, after 1 had bought the watch, knowing you to be a bad character, 1 had tny doubts as to how you got the watch. The prisoner Taggett here informed the Court that Hatdy was a Parkburst boy himself. 'Thomas Davey, constable, on being sworn, said he knew the watch, as he had received information on the lithof April, from Mr, Partingtoton, and was informed that Thomas Hardy had a watch answering the description of the stolen watch, he went to Hardy and asked him whether he had not bought a watch, he replied he had, and would give it me if I wen? to Epsom, we started off and went into the house of a man named Crawford, we then went to Epsom, and when we got there be said he was sorry to give me the trouble as he had hid the watch in the fowl house of Crawford, under a maori basket, and when I return I will give it you asjjno person saw me put it there. On our return my wife had found it in the place described by Hardy I swear this is the watch found. Elizabeth Davey, wife of the last witness, iden± tified the watch as the same she found in the fowl hou-'e of Wm. Crawford, 1 had no acquaintance with Hardy. The prisoners had no witnesses to call, Mr. Donnelly then summed lip. His Honor said in this case there was no legal difficulty, tiie point for them to consider was whether they were satisfied with Hardy?s evidence, which certainly appeared rather suspicious. The Jury consulted for a few minutes and returned a verdict of guilty. They were according* ly sentenced to six months hard labour. George Partington immigrated to to Auckland in 1844 possibly earlier?
1 He was a watchmaker, Shortland, Cresc. Auckland in 1844.
2