| Case Name | R v Timothy O'Loughlin |
| Date | 1846/09/02 |
| Court | Supreme Court |
| Location | Wellington |
| Judge | Chapman J |
| Case Type | Criminal |
| Criminal Charge | Robbery |
| Criminal Charge Other |
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| Civil Proceedings |
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| Civil Proceedings Other |
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| Government Proceedings |
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| Government Proceedings Other |
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| Stage Of Proceedings |
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| Stage Of Proceedings Other |
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| Type Of Proceedings |
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| Type Of Proceedings Other |
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| Ethnicity | Pakeha |
| Ethnicity Of Defendant | Pakeha |
| Ethnicity Of Plaintiff |
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| Gender | Male |
| Gender Of Defendant | Male |
| Gender Of Plaintiff |
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| Occupation Of Defendant |
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| Occupation Of Plaintiff |
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| Name Of Counsel | Brandon (Prosecution) |
| Key Words | Receiving stolen goods
Robbery |
| Statutes/Ordinances Cited |
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| Cases Cited |
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| Notes | Acquitted for receiving stolen goods
First case of its kind. |
| Jury |
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| Witnesses |
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| Judge's Notes |
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| Date Of Judge's Notes |
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| Newspaper Report | R v Timothy O'Loughlin
Timothy O'Loughlan was indicted for receiving stolen goods, the property of P. M. Hervey. Mr. Brandon for the prosecution, said that evidence would be produced that a felony had been committed, that the goods were found in the possession of the prisoner, and that the prisoner attempted to conceal them.
Robert Waitt-l remember the 22d January last ; my stores were broken open and several articles were stolen, including 3 pieces of cloth belonging to P. M. Hervey.
Cross-examined- 3 pieces were lost; I could not swear to them; there is no mark; Mr. Hervey at that time had no warehouse ; he was carrying on business at one of my offices ; he kept his goods in my warehouse: he had access at the usual business hours ; he paid me some rent for it.
By the Court - 3 pieces of broad cloth were stolen ; lam not aware of any other cloth ; it was previous to the Anniversary day that I saw them last.
P. M. Hervey- On the 22d January last I had cloth at Mr. Waitt's stores ; I heard the following day that Mr. Waitt's stores had been robbed ; I made search three or four days after ; I found 3 pieces of cloth missing ; I believe the cloth produced to be the cloth stolen ; they are only two qualities ; on discovering my loss I offered a reward for the apprehension of the offenders.
Cross-examined - I am pretty sure of the cloth ; one reason is that the pattern fits the hole exactly ; the piece of cloth fitting goes a long way in making me speak positively to the cloth; 1 have examined the the piece, it convinces me that it is the same cloth ; if it were not for the pattern piece I should have great difficulty in speaking to the cloth; I cannot say whether the pattern is cut with the grain or against the grain ; the pattern of piece No. 2 according to my knowledge corresponds with the piece.
By the Court - The samples have been with the police since the charge at the police office.
Edward Swallow - In June last I received a warrant to search the premises of prisoner ; I searched the house ; I found the cloth now produced there, and the waistcoat and trousers ; the piece of cloth and waistcoat were in a box ; Cornelius O'Loughlan gave me the piece of cloth.
By the Court - What I produced I received from Cornelius O'Loughlan.
Cross-examined - The prisoner Tim is a married man, Cornelius is a single man ; Cornelius took me to Tim's house and shewed me a box containing the cloth ; he himself shewed it me ; at the time Timothy claimed no interest ; Cornelius claimed them and said he had purchased them from Ovingdon ; it was Ovingdon's box; I met with Cornelius near Barrett's Hotel about 1 o'clock in the morning ; he told me for the first time that he had goods to deliver up after Ovingdon was locked up ; this was on 4th June.
John Pawson, I am a constable - I received instructions to go to prisoner's house on the 6th of June ; the trousers and piece of cloth produced I found in a flax bush at the back of the house; Timothy O'Loughlan who was in my charge that morning told me he wished to give up the trousers and piece of cloth ; they were hid in a flax bush, and appeared to have been put there for the purpose of concealment. Cross-examined- l do not know who put them there ; Timothy's wife was with me when we found them ; Timothy told me to go to his house and fetch them ; I went with his wife ; she told me we should have to go into the bush for them ; I was one of the constables to take Ovingdon into custody; I did not go with Swallow to search the house ; I had the O'Loughlans given into my charge at the police office by Sergeant Swallow ; when Tim told me that the piece, of cloth and trousers were in his house no one was present, he told me this voluntarily.
Frederick O'Reilly, tailor- l know the prisoner; I made some clothes for the prisoner; I made the trousers produced ; the prisoner Timothy did not like to cut the cloth as his brother wanted to have some things made ; I went to the house ; the prisoner gave me the cloth and I measured it myself with a yard measure ; a yard and a half; I wont be positive. Cross-examined - It is quite impossible the pattern could be cut out of the piece of cloth.
The Jury returned a verdict of Not Guilty.
(New Zealand Spectator and Cook's Strait Guardian, 9 September 1846, p3) |
| Sources | New Zealand Spectator and Cook's Strait Guardian, 9 September 1846, p3
Wellington Independent, 9 September 1846, p3
'Notebook entitled 'Criminal trials No.4', 1846-7, MS-0411/012, Hocken Library, Dunedin, pp.2-12
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