Death, Henry – Nephew Of Charles Death

Wellington Independent 5 September 1865
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LARCENY.
H. L. Phillip, was placed at the bar charged with larceny.
Mr. Izard appeared for the prosecution. Mr. Borlase for the prisoner.
Mr. Izard said the prisoner was charged with stealing a door the property of Mr. Henry Death of the Hutt, and stated the evidence he would bring forward,
Henry Death, sworn, said: I am a farmer residing at the Hutt. In the month of June last, I had a cottage, which was untenanted at the Hutt. At that time I missed the outer door of the cottage. It was in very good condition and had a lock on it, but as the key was lost it was not locked. In the middle of May the door was not missing. After I missed it, I saw it in the Resident Magistrates'' Court last Wednesday. It appears to have been wrenched off its hinges.
Cross-examined - I can only tell within a fortnight when I missed the door. A boy named Farrelly was in the employ of my uncle, Mr. Chas. Death, but it was not he who informed me of the door being taken away.
John Farrelly, sworn said. - I was living with Mr. Phillip in May and June last. I know of a cottage belonging to Mr. Death at the Hutt. About a fortnight before I left Phillip one night when every one was in bed he and I went, to the cottage, where he wrung off the outer door, laid it down inside in a room, and said he would take it away another night, as he was carrying some potatoes that night. I next saw the door in Mr. Phillip''s pigstye about three weeks ago. It was standing up against the pigstye, I saw the same door afterwards at the Resident Magistrate''s Court.
Cross-examined - The pigstye cannot be seen from the road and is at the back of Mr. Phillip''s My father lived in a cottage belonging to Mr. Phillip about two paddocks off Mr. Phillip''s place. The cottage, which lost its door, is about a quarter of a mile from Mr. Phillip''s. (Mr. Borlase then put in the deposition of John Farrelly before the Magistrate.) I told Henry Death about the affair. I saw the door in Mr. Phillip''s watercloset before I saw it in the pig-stye. Tho watercloset belonged to the house in which my father was living.
By the Court — I did not carry the door there.
Lawrence Farrelly, sworn, said - I am father of the last witness and husband of the prisoner''s sister. I saw a red door on or before 1st June, in the morning, in the water closet belonging to the house I occupied, which belonged to Phillip. I did not take the door there. My boy gave me information respecting it. I next saw a door in the Magistrate''s Court, which I believed to be the same. The water-closet is attached to a cowshed of the prisoner''s, which he frequented daily and nightly. (Witness here identified the door produced.)
Cross-examined - I spoke about this door about three weeks ago to Mr. Death. I was summoned by prisoner for an assault in the beginning of July and fined. That same night the door disappeared. He then sued me for rent which he recovered. He also sued me for a sum of £47. I was fined 10s for the assault.
James Brady, sworn, said - I am a constable at the Hutt. On Monday last, I went to prisoner''s premises, and searching in the neighborhood, I found the door produced, concealed.
Cross-examined - It was found on land belonging to Mr. Swainson.
Mr. Borlase then addressed the jury for the defence, he contended that it was most unreasonable, to suppose that Phillip had taken away the door, on the contrary there was every likelihood, that the case was a trumped up one. The learned counsel then pointed out discrepancies in the evidenco of the boy Farrelly.
The learned Judge in summing up, said, that if the jury were of opinion, that there was a conspiracy against the prisoner, by Farrelly, father and son, or by either of them, they would of course acquit the prisoner. On the contrary, if they considered that such a wicked story had not been concocted, the evidence was clear against the prisoner.
After a few moments consideration, the jury returned a verdict of "Not Guilty."
The Court then adjourned till this morning.