Transcription of Newspaper record of County Court Proceedings    

COUNTY COURT, WGTN

BEFORE HIS HONOR E. HALSWELL, JUDGE. - CRIMINAL SIDE

TUESDAY, JULY 19 - 4TH SESSION

Robert Wyeth, indicted for stealing a cock and hen, the property of Stephen Hartley, value eight shillings.

Emma Hartly, sworn,- I am daughter to Stephen Hartly, who is a gunsmith, and lives in Lambton-quay; I know the prisoner at the bar, he lives near our house; I went into his house on a Sunday morning about eight weeks ago; he was standing inside the house plucking a fowl in hot water; the water steamed; I knew it to be our little cock; I knew it by the feathers around the neck; he was plucking the neck when I came in; and directly he saw me come in he turned it into the water to the part mostly plucked; I said nothing but went in and told my mother; I went out to look for our cock was about the hills as we had not missed it then; I did not find it then; but I did found a feather which I picked up and brought to my father; I found it near the prisoners kitchen-door; I knew it because it was a pet cock of mine, and used to feed it out of my hand.

Cross-examined by Dr. Evans,- This is about eight weeks since, because my brother left our house six weeks, and it was about a fortnight before that; on Thursday last, I was brought to the police-office to make this charge; I never was brought there before; my father went with me; I had no conversation with Mr. Rowland Davis about this business at any time; I have never seen him at our house; I don't know that I have; I knew that Mr. Wyeth had brought some fowls, but these were all killed at the time I saw him plucking our fowl; he had some hens at that time; I saw some of the fowls he brought of Mr. Houghton, to the best of my knowledge they were all cocks; the fowl we lost was a red and brown colour, but I can not say if the prisoner had any of that colour; I went in to the prisoners kitchen with a message from my mother; the kitchen door was shut; I opened the door myself ; there was Mr. Wyeth there and a servant; the fowl was about half plucked; the bird we lost was between four and five months old;; I had some talk with Johanna Connell after I went home on Friday; I never talked with her until I left the court-house; she never told me what she was going to say; I have talked with Mr. Brown since I went up to the court; I saw Mr. Burgess come to our house on Wednesday, my father and mother and the servant were present; there was a person came, and spoke to my mother, it was a woman, but I should not like to mention her name; I dare say it would vex her it I mention her name; it was Mrs. O'Connell if I must tell you; It was only once she came; I don't think I did speak to her myself; I have not seen Mr R Davies at our house since this occurred, I have seen him go to my fathers workshop; the fowl was bred by us; I knew it well, it was the smallest chicken we had; there were a few flat feathers not plucked under the wing, which was the same as our chicken.

Stephen Hartley, sworn.- I am a gunsmith, I live at Lambton Quay; I had some poultry about eight weeks ago, one was a red and brown; it is nine week more or less since we saw it last; I think it was on a Saturday when I saw it last; the cock we missed was moulting; a feather was brought in by our daughter; it was the same colour as that of ours; the feather was a young feather, the quill was quite soft; we said nothing about it; thought it was a frivolous thing until I was brought to the Court.

Cross-examined by Dr. Evans.- We sent for the prisoner to speak to him about it, but he was engaged and could not come; we did not mention the fowl to him; I never spoke to him about it, until I was brought in the Police-office; I never had any conversation with Mr. R. Davis about this affair that I recollect.

Johanna Connell, sworn.- I am servant to Mr. Wayett; I was in his service about eight weeks ago; I saw a dead fowl with feathers on it in the fowl-house; it was a cock; I saw it on a Saturday between three and four o'clock; he coaxed another one in on the Sunday morning and killed it; it was a brown one with a few blue spots on it; the one he had coaxed in was not his own; he had fowls, but they were black ones; the prisoner brought in the fowl which I saw dead on Saturday, and plucked it; this was on Sunday morning; he put it in some hot water.

Cross-examined.- The prisoner had some fowls at the time, they were black ones; some had white wings; he brought 18 cocks of Mr. Houghton; I don't know if there were any red ones amongst them; he had killed all these by the time the cock was seen by me, on the Saturday; he always used hot water; the cock which was plucked on the Sunday morning, was a brown one; I know nothing else about it; I lived with Mr. and Mrs. Wyeth; I quitted 1st of July; I was discharged; I don't know whether Mr. Wyeth ever charged me with robbing him; one day I remember there was a charge against me for steeling a two-shilling piece, that I had received the money; I remember that a girl named Martha lived at Mr. Wyeth's; I never advised Martha to steal a loaf, as it would not be missed; Emma Hartly came in to buy a piece of parsley, and mentioned the fowl; I did not know to whom either the fowls belonged to; I have had no conversation with anyone until I came to be witness. Was you accused of stealing a pair of boots? The witness refused to answer any more questions.

Rowland Davies sworn. - I never had any conversation with the last witness, Emma Hartly about this business; I knew the witness, Emma Hartly, by sight only; I never spoke to Johanna Connell until the day before she was discharged by Mr. Wyeth; I never had any conversation with Johanna about this business.

Dr. Taylor sworn. - I live at Te Aro, corner of Willis-street and Manners-street; I know the prisoner at the bar; he lives near me; I have known him twelve months; I trust him, and believe him to be an honest man.

James Seller, sworn. - I am a baker; I live at Te Aro; I have know the prisoner about twelve months; I have had little to do with him in the way of business; I always gave him credit for so much as he wanted; I never heard anything prejudicial to his character before.

J.J.Batton, sworn. - I am a wheelwright; I know the prisoner at the bar; I have know him three years; I never heard any thing against him, never heard any complaint of him.

Verdict - Not Guilty.

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