Case NameR v Timothy O'Loughlin
CourtSupreme Court
JudgeChapman J
Case TypeCriminal
Criminal ChargeRobbery
Criminal Charge Other
Civil Proceedings
Civil Proceedings Other
Government Proceedings
Government Proceedings Other
Stage Of Proceedings
Stage Of Proceedings Other
Type Of Proceedings
Type Of Proceedings Other
Ethnicity Of DefendantPakeha
Ethnicity Of Plaintiff
Gender Of DefendantMale
Gender Of Plaintiff
Occupation Of Defendant
Occupation Of Plaintiff
Name Of CounselBrandon (Prosecution)
Key WordsReceiving stolen goods
Statutes/Ordinances Cited
Cases Cited
NotesAcquitted for receiving stolen goods

First case of its kind.
Judge's Notes
Date Of Judge's Notes
Newspaper ReportR 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)
SourcesNew 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

Supplementary Materials