SUPREME COURT,

TkunsuAY, January IG. SHOOTING WITH ISTIIXT TO 3IURDER.

Mary Ann Edhouse pleaded " Not Guilty ' to the charge of shooting her husband, John Edhouse, with intent to murder him.

Mr. Cook appeared for the defendant,

John Edhouse deposed that he was a runholder, and that on 6th February last be lay down on the sofa after dinner, and was awakened by the report of a gun. He sprung up and saw his wife and asked, her what was the matter; she replied that she did not know, and he then found that he was shot, and could not see out of the right eye. He also noticed his wife trying to hide the rifle behind her. He asked her how she could try to murder him in his sleep, and she then laid the rifle down and went out. He then sent for his neighbour, Mr. Ward, but as Ward did not come instantly, he asked his wife to go, and when she was gone, he told his daughter what had happened. When Ward came, witness got him to go for a doctor ; but as the doctor did not arrive, he (witness) went to bed with the assistance of the prisoner, havidg previously requested his eldest daughter and her sister to stay in the room, and having also taken the precaution to keep the rifle by his side. He did not ses his wife after he lay down until in the morning when he was auain awakened by the crack of the rifle, and saw his wife standing over him with it in her hands. He jumped up, and, seizing the rifle, wrested it from her after a severe struggle ; his daughter, who had bten out of the room without his observing it, then rnshed in crying ''you've killed him at last — you have killed him at last." He had then a fresh wound on his forehead, and his wife asked to have the gun to load for herself. He refused to let her have the gun, and then started, followed by her and his daughter to some sawyers who were working not far off ; whi-n his wife came up he gave her charge to one of the sawyers. He had not told Mi*. Ward that his wife had shot him.

Isabella Edhonse, daughter of the prosecutor and the prisoner, confirmed portions of her father's evidence.

For the defence, Mr. Cook called Mr. Tyshurst, a mounted constable.who deposed, that he was at Riverton at Bastian's Hotel in Fcbruaiy last, and met the prosecutor, who, in reply to a question as to how he got the gunshot wound, replied, that he did it himself.

Mr. Edhouso, being lecalled, distinctly denied this, and said that he told Tyshurst that all the district knew that his wife* had shot him, and that these were the woids.

Richard Edhouse,- son of the prosecutor, also deponed that his father distinctly told Tyshunst that Mrs. Edhouse had shot him. The Jury found the prisoner "Not Guilty" Friday, January 17.

BOBBERY UNDEK ARSIS AT TOKOMAIMRO,

Patrick Maloney and Johu Dyer were indicted for having on the night of the 24th of November, 1851, committed a robbery iv the house of William Reid.

Mr. Howarth and Mr. Cook prosecuted, and Mr. South defended the prisoners. After the prosecutor had stated the case, they called William Reid, who deposed to his having been disturbed^by a noise in the house on the 24th Nov. After describing the money stolen, &c ,he proceeded to state, — There were two men, one short ane the other tall. The little one said, "Take him to tho door, and shoot him for telling a lie." The tail one thenfired a pistol close to my ear. They said there was another man keeping watch outside, but I did not see anyone. They next asked if they were hkcly to get any money at Mansford's store. I told them there were several men about the premises. They then asked for grog, which was given them by Mrs. Reid. They turned their backs while drinkiug ; the tall one then asked for the bottle, and took a drink out of it. They then asked for more. I told them it was all I had in the house. They then asked if I had any fire-arms or balls in the house, and I replied I had a gun but no balls. They then took the gun outside, and having told my wife to go to bed, and thaeatened to kill us if we rose before sun-rise. They locked the door. The tall one said his name was Garrett, and addressed the short one as Pat. They wen, away about three o'clock ; and about day-break I looked out, and saw three men and a boy in an old house, apparently cooking their breakfast and putting up their swags. Having done so, they started on the aoad for Dunpdin. All the doors and windows of the house were shut on the previous evening, and I cannot tell how the men effected un entrance. There was a window broken on the previous day by a horse. It was caused by a " cloth" cloth, but they might have removed it to get in at the window. The two handkerchiefs (produced) are a good deal like those worn by the two men. Cross-examined by Mr. South— The handkerchiefs had eyiet holes, one of those produced has not the holes. I cannot swear that it is on< of them. The tall man was about two inches taller than the others. 'Never saw any of their faces during the time they were in the house. I only identify the little, one from his hands and shoulders nothing else. To the best of my knowledge, I have never said to any one that I could not identify the prisoners.

By Mr. Cook : The handkerchief produced resembles that worn by the taller prisoner. I was a good deal agitated, and could not tell what coloured clothes the men wore.

Katherine Abercrombie Reid : lam the wit ; of the last witness. I remember hearing a noise in the house on the 24th November last. It was about 12 or 1 o'clock in the morning. I struck a match and lighted a candle. Some one came forward with a red shirt on with a pistol in his hand, and said, "No light here." He came out of another room which was divided by a- partition. He said he would blow my brains out if I said a word. He said I would soon know what they wanted. I said if they would spare our lives I would give them what money was in the house, I then took down the box in which the money was, and put it on the table. I got up to do this, and bade my husband lie down and not to speak. They asked if there was any one in the house besides me and my husband. One of the men loosed the bag and took out the money. I did not know exactly what was in the purse. They asked me if I knew the number of the notes ; I said, no. After tlu's the taller one said to the little one, " Search the house and find out the sovereigns, for they had got none yet." Tney did so, and did not find them, but came upon my husband's great coat, and found the church' money in the pocket. It was at this time they fired the pistol between me and my husband, and the other one struck the table with a ball fastened to* a strap. The little one had no shoes on ; the tali one fired the pistol. After they had found this money they wanted more money, and I had two pounds of my own which I gave them. I never got a look at the face of either of them. I was too stupified at the time to dentify the handkerchief.

Matthew Moses : I remember seeing the prisoners in the mudhouse at Tokomairiro, 200 yards from Reid's house. They were camped there for the night. They said they were coming down from the diggings.

By Mr. Cook : They said they were come irom Sydney, and were going back. They asked me how many nun stayed at Mnnsford's. The man who sat on his swag I have not seen since. I did not see that they were at all anxious in their enquiries about Mansford's store. Robert Lambert : At the time of the robbery I was in the nfounted police. On the 24th, in consequence of information which I had received, I started down from Tokomairiro across the ferry towards Dunedin. I came up to the prisoners about four or five miles this side the ferry ; I took them into custody, and took them to Adams' accommodation house, where I searched them. I searched Malony first ; as I was feeling alpng the collar of his coat, I felt some paper in the back of his collar. I asked him what it was He told me it was a cheque, and that he had other money about him ulso. I opened the collar and found a cheque for £60. He told me he had aome money in the knee of hu trousers, lopened it and found five £ I notes, and two £5 notes in the lining of his waistcoat ; there was a purse in his pocket with two £1 notes, and five sovereigns in a small chamois bag in his pocket, also, a'i'j note in his swag. Dyer had placed his money upon the table — it consisted of eleve i sovereigns and three £1 notes, naif-sovereigns and some silver. I searched the boy, and found in the back of his coat two £5 notes sewed up in the lining. The boy said that Maloney was his father. The stitching in the dress of Maloney's and of the boys' seemed to be recent. • Cross-examined by Mr. South. — The prisoners offered no resistance. They said they were innocent of the charge. They exhibited no desire to conceal the money on their persons. I identify the handkerchief produced as having buea ia the possession of the prisoners.

St. John Branigan : lain Chief Commissioner of Police. I took the handkerchief now produced from the prisoner Dyer. It is in the same state now.

Mr. South addressed the Court on behalf of the prisoners, and called

Frank Maloney, who stated — I am 15 years old. I'at Malony is my father. My father had been in Sydney four or five years before he came here. I came over with my father in August last. Dyer came over in the same ship. We landed one day and wei t to tie diggings the next morning. The party con itel of others besides Dyer and my father. I don' know how m icli g )ld n y father and Dyer got. I have seen it. They sold some, and generally kept it until they had 10 or 12 ounces. They sold it at both Mansford's and Thompson's stores. 'Before leaving the diggings I knew my father had an order for £60, which he sewed in his clothes. My father sewed two .£,"> notes in the back of my vest. About a fortnight before we left Gabriel's Gully, my father sewed in the knee of his trousers three £5 notes, and some £1 notes in his vest. He had some sovereigns in a chamois bag. The money was the proceeds of gold. The night before we started Dyer sewed 11 sovereigns in Ids coat, and I also saw some notes and one or two half sovereigns in his hand in the tent. At the Woolshed we met three other men, one of whom went on before. When we got to the empty house, this man was there ; we were passing, when he called out to us, and told us this was a very good place to camp in. After we had been in, two carpenters came in, one named Matthew Moses.

The evidence of this witness was in the prisoner's favour. He accounted for the holes in tho handkercliief that he had been carrying boots in it.

Ilorsfall stated he was mate of Maloney at Gabriel's. They were successful. Maloney was a steady man. They had got. about 30 ozs. of gold in five weeks. The remaining evidence of this witness corroborated the testimony of the boy Frank Maloney.

Mr. Howorth then addressed the jury, after which His Honor summed up the evidence, aud the jury found the prisoner " IS'ot Guilty."

Saturday, January 18. Rugixa v. Jaiiks M'Govas.

The prisoner in this case was charged with stealing gold and money from the person of Jas. Purvess, at Wetherstone's Gully, on the 11th of December last, to which charge he pleaded " Not Guilty."

The Crown Prosecutor having stated the case,

Frederick Henman was examined by Mr. Cook and said : lam the barman at tiie Golden Cross, Wetherstone's Gully. I know the prisoner, and saw him at the hotel on the morning of the 11th December. Purvess came in first and prisoner followed. Purvess was very drunk, and spoke to the prisoner, who said he was a mate of his. The prisoner said that Purvess had a deal of money about him, aad he was taking- him home. The prisoner put "his hand into Purvess' left hand pocket and took out half a sovereign and some silver. He then took a bag containing some sovereigns and another of gold dust out of the other pocket. I saw the sovereigns as the prisoner pulled them out. I asked him to let me have it to take care of, and lie said not that he was going to take his mate home, lie then took him out of the tent. From the appearance of the bag, I think that there were more than thirty sovereigns. Win. Chesterfield, examined by the Crown Prosecutor, said .- I am a miner at Wetherstone's. I have known Purvess for four months, but I never saw the prisoner before the morning spoke-n of. The two came to my tent that morning about 7 o'clock, Purress was drunk and the prisoner sober. The latter said he had picked Parvess up that morning on the Flat. The prisoner then gave Purvess into my charge and went away. In consequence of what I heard from Purvess I followed the prisoner. I asked him if he had seen any of Purvess' money, and he said not, but Purvess had told him that he had £200 in his pocket. He came back to the tent and denied having taken any money or gold from him. Purvess said let us go to the Golden Cross and settle it. The tiiree of us, and another man of the name of Cohen, then went. On the waj the prisoner gave up a bag containing some gold, 12 sovereigns, and 2 half sovereigns, lie gave it to Cohen, who handed it to me. Purvess was there but said nothing ;he was drunk. I counted the money, and asked Purvess if the bag was his. He &aiii that it was. He said he did not care whether the money was all there, but- lie cared for some pieces of gold which were in it. The prisoner then went away, and I gave information to the police. 1 gave the bag up to the Sergeant of police (bag produced). I think that is the bag. Serjeant Major Bracken said, that the last witness had given him information of the robbery on ttic morning of the 11th December and said he knew the man who had done it. From the description given he. had apprehended theprisoner whom he found lying in an hotel drunk.

James Purvess said : I am a miner. I believe the bag produced is mine. I do not rerollect when I bad it last. I do not recollect giving it to anyone.

By the Court : Ido not recollect the morning I lost the money.

By the Prisoner : I recollect drinking with* you once before. Ido not recollect telling you anything on the morning I met you. Before the witness left the box, His Honor said that he ought to be ashamed of coming into a court of justice and acknowledge himself worse than a beast, and that he had thus degraded himself below the level of the brute creation, abusing the reason which God had given him for better purposes.

The prisoner for his defence said : On the morning I met the prosecutor he asked me to come and have i drink with him, that he had bejn out on the flat all night Chesterfield was with him at that time. We went into the public bouse ; but before going in I askel him to go h me, and I would help him. I told the barman that he had a lot of money, and he advised me to take' it from him. I said I would, and would gO home with him. I then went along with him. and after leaving him at Chesterfield's Chesterfield followed me, and as we were going down to the public house I gave him up the money, and the prosecutor Purvess said it was all right, although a small nugget was lost. 1 then shook hands with him and went away, thinking it all right, but I was apprehended that evening.

His Honor in his charge recapitulated the principal points in the evidence, and the jury after retiring for a short time, returned a verdict of " Guilty," and the prisoner was sentenced to six months' imprisonment with hard labour.

Rkgisa v. Antoine Novakroze.

This was a charge of assaulting and robbingAnn Henderson, on tnc 22nd day of October last. The prisoner, who was a Spaniard, did not speak English, and Mr. Reynolds wus sworn in as interpreter. The prisoner pleaded " not guilty," and was undefended. The Crown Prosecutor and Mr. Cook conducted the prosecution.

Ann Henderson examined by Mr. Cook, said — I remember walking along the Anderson's Bay road, and on the 22nd October I was coming to town. I saw the prisoner. He threw me down on the ground, and put his hand into my pocket, and took 35., and said in broken English that he would cut my throat if I screamed. He hud a knife in his hand. He put his knees on my breast and held me by the throat with one hand. He drew the knife across his throat. He laid the knife on the ground, aud then Mr. Morton came up. He jumped up when he saw Mr. Morton. I was injured by bis kneeling on me : it gave me great pain afterwards, My neck was bruised. Mr. Morton told me to go to the nearest house and get assistauce. He staid with the prisoner, and 1 went.

Mr. Morton examined by the Crown Prosecutor — lam Sub- Inspector of Police. I wus on the Ocean beach road on the 22nd last October. I was riding from Dunedin. I met the prosecutrix on her way to town. I saw the prisoner also comingin tiie same direction. I thought he looked v Rii-chievous character, and had a good look at hi'ii. I rode on, but after a little time pulled up, .i id waited for him to come up to me As he did nod do so, I rode back, and heard faint screams as I went buck. I galloped on, and saw the prosceutrix struggling beneath the prisoner I ut once ook. him into custody. I found a knife iv his pocket, He took it out when I arrested him, and said, " vamos, vamos," which I believe means, " be

This concluded the case for the Crown, and as the prisoner made uu defence, the jury at once returned «i vcr.liet of "Guilty," and llis liouoi sentenced him to be nnpiisotu-d wiih hard lahnr for the period of six months, to bo computed rom the 22nd October last.

Monday, Januaky 20, 1862, lIAXSL-AUGUTIitt.

Peter Shannon was charged with manslaughter (killing a man named Kinnark in a fight at Weatherslone's Gully), to which charge he pleaded not guilty.

The Crown Prosecutor arid Mr. Cook conducted the prosecution, and Messrs. South and Patten defended the* prisoner. The Crown Prosecutor having opened the case, Michael Clark was examined by Mr. Cook, and said .- I am a miner, residing at Weatherstone's Gully. I knew the deceased, John Kinnark. I also know the prisoner. I remember the evening of the evening of ilie 25th December last. I was in my tent that night, and heard a good deal of noise in the next tent. The prisoner Shannon was in that tent, and Thomas Tooherv. The deceased and I had just turned in. The deceased called out to them to knock off the noise, or they would have to shift their tent. The answer was put, if he did not like it, he might shift his. The deceased replied that he Avould show them in the morning which would have to move, as he would pull down theirs. Shannon said he would not let him, and Kinnark challenged the prisoner to fight next morning. Shannon said that he would not fight the next day, but that he would do so the day after. On that morning they went out very early. 1 got- up immediately after, Kinnark and I followed him. lie and the prisoner were going up the hill. They then commenced to fight. "This was before sunrise. 1 saw them fighting. They fought several rounds. They were each knocked down several times. They fought more than half an hour. I watched till the conclusion of the fight. Shannon knocked Kinnark down. I cannot say exactly where he struck him. It was ■somewhere on the face. When he received the blow lie staggered back and then fell. He tried to get up, but was unyblc. They were both severely punished. Kinimrk's nose was bleeding. Kinnark tried to speak, -but I could not make out what he said. I went for the doctor. When I came back with the doctor, Kinnark was in the tent. He was then alive. This is all I know, as I was taken to the watch-house in the evening, and when I came back the next day he was dead.

Cross-examined by Mr. South : I was in bed when I first heard a noise in the tent. John Kinmirk was with me. I cannot say that I heard Shannon's voice. Kinnark told them to knock oifthe noise, or they must move their tent. I first heard Shannon speak in reply io Kinnark. When the challenge was given by Kinnark, Shannon said he would not fight on Christmas day. I do uot think that he wished to fight the deceased. I caunot 'say who proposed the day after. I can't swear who it was. When Kinnark left the tent on the morning of thu fight, I followed as soon as I wasidressed- He was then going up the side of the hill, about 100 yards from the tent. The prisoner was with him. There were others with him. Tht-re were othe.s with them when they commenced fighting. 1 saw them begin. I was close by. I cannot say whether they shook hands first. They stripped. I think they did shake hands, but cannot swear to it. 1 cannot say how many rounds they fought, or exactly how long. Kinnark staggered immediately he received the blow. The ground was full of crab holes. It appeared to me to be a fair fight. Kinnark might have been between twenty-five and thirty years of age. He was a stout "strong man. Kinnark, although not as tall as Shannon, was broader in the shoulders. They were well mat'-hed. Shannon came up to shake hands with Kinnark after he fell. I heard Kinnark, in the course of tho fight, say that it was a fair fight. The doctor came between five and six o'clock. When he came he poured water over the deceased's head and applied mustard plasters. Deceased was insensible. He was lying on his back. The doctor said he should not have fought because one stroke might kill him. He also rubbed brandy on his chest, and put bottles of hot water to his went. He stopped about half an hour and then slept. His head was almost flat at the time, and the doctor said we were not to keep it too high, and said he would return in the course of the day and see him. De-ceased was breathing heavily. The noise was like snoring, as if coining from Ihe throat. The- doctor told me to pour water on his head when he breathed heavily. I wished the doctor to stop. He returned in about two hours after, more or less. The policeman was there at the time.

Thomas Sargc-ant, examined by the Crown Prosecutor, said : lam a miner. I was a mate at Hie prisoner's last Christmas. We lived in the sum 2 tent. I remember the dispute between him and the deceased. It was on Christmas-day, ftie prisoner was taking his supper and I was going to bed. There was a deaf man named Edward 3ieket in the tent, lying on Thomas Toopey's be ), and, as Te«opey wanted to go to bed, hecried out loud to him to move, and they had a lark. Kinnark cried out if they wonlj not be quist lie would pull down the tent. The prisoner replied that if lie did not like it he might shift. Kinnark said he would make us shift. Shannon said there was no noise to speak of, and it was Christmas night. Kinnark said we were always milking noises, and he would pull down our teiit. After a few more words Kinnark challenged the prisoner to fight him in the morning. Shannon said he would not fight till Christmas wasover and rather than have the tent pulled down, lie would fight. The Friday morning was then fixed for the fightThey got up early on the Friday. I followed them up the hill. I was present when the fight coni'menced. They both agreed not to strike each other when down, but to have a fair fight. I saw each of them get knocked dovui, but I do not know how often. Both were several times down. They appeared to be equally punished, but the last round Kinnark got a blow on the forehead which knocked him down. Ido not know whether he got up, but they did not fight any more. When I saw him down I left. I saw him carried home to the tent. He died the samj afternoon.

Cross-examined by Mr Patten : It was the deceased who gave the challenge.

Michael Mahoy, examined by Mr Cook, said : I remember the morning of the fight. I was only present at the last two rounds. Kinnark caught the prisouer by the hair of his head, and they got hold of each other, and both fell heavily on "tlieir heads. They then had a spell, and the last round Shannon struck deceased on the head, and he fell. After he was picked up the prisoner went to shake liands with him, and said they would be as friendly as ever. I do not know whether the deceased replied.

Cross-examined by Mr South : While Kinnark was holding prisoner by the hair with one hand, he struck Shannon in tho face with the other. Shannon was bleeding. Kinnark told his second to sing out for time after they had spelled for about three minutes. When they fell the seconds said it was not fair to strike in that way. Louis Quinlin, examined by the Crown prosecutor .- I am a legally qualified medical practitioner. I remember being called in to attend the deceased on the evening of the 27th December. It was about six o'clock when I reached his tent. He was insensible, and frothing from the mouth, and bleeding from the ear. lhs eyes were dreadfully blackened, and there was a slight wound on the left temple. I used' cold water on his head, and enclosed the back of the neck and lower parts of the body with mustard plasters and applied cold douche baths on the head for some time, friction of hot brandy on the chest, vinegar and brandy on the forehead, and hot water to his feet. I took 8 oz. of blood from his arm. lie never recovered consciousness. These were the only proper remedies in the case. I remained an hour and a half, and told his mate's to go for a clergyman as there was no hope for him, and I would return when he came, or if he rallied to send for me at once. I saw him again about half- past ten. The clergyman was there, and I saw that there was no hope for him, as it was impossible to administer medeciues iuternally as he could not swallow. I made a post mortem examination. The face wan swollen aud blackened. There was swelling at the back of the head between the scalp and the cranium, as also several large clots of biood. The lungs were much congested and full of blood. The heart was slightly enlarged with v fatty deposit on its su face. I believed he died from congestion of the brain by external violence. The wouuds and bruises about the head were sufficient to cause this, or it might have been caused by a fall on a stone. He was a man of plethoric habit, aud had a very short neck. lie was a very powerful man.

Crosf-examinod by Mr. South — From the appearance of the face, I bolievc he died from external blows. The symptoms indicate this also. The cause of death was congestion of the brain. A full on a stone from a height would cause this. It possible that a heavy nun slipping on rough <rrouud. and striking his head against a stone, might cause congestion of the brain. The incised wound on the forehead might have been caused uy a blow. The huart was euiargud aud llabby. riieic was fatty degeneration of the heart. lucrcasdd act.on of urn' he,ut caused by sudden excitement might accelerate death considerably, and

■n iolent exertion might cause death in cases where it would uot if the person v/erc in a healthy sta te I do not. consider that the excitement in this case would have caiucd death if there had been no blows. I took six or eight ounces of blood fiom the dec-cased. He never rallied, and the frothing from the mouth continued. From the first 1 told his mates there was no hope for him. Leeches would not have been of much use, but I tried to get them, and could not obtain any.

Constable Trimble deposed to having arrested the prisoner, and to seeing Kinnark about haifpa.st 9 o'clock. He remained with the deceased till half-past 12. lie was insensible all the time.

Mr. South then addressed the jury, stating that it was, all must admit, a most melancholy affair, and that none mo.ie deeply regretted it thau the unfortunate prisoner at the bur. The evidence clearly proved that the deceased had been the aggressor, and not the prisoner. It also proved that he was most unwilling to fight, but did it only to prevent his tent being pulled down, and it was the deceased who had given the challenge, which the prisoner hiul postponed accepting till the day after, in the hope, no doubt, that the feelings of the deceased might change in the interval. They did not, and the prisoner was in this position— he must either fight or be held up as a coward, and have his tent pulled down Had he refused, he would have been hooted through the gully. Before the tight began he shook hands with his opponent, and niter it wus over lie lent over him. and said he regretted to see him in that state. The deceased wus a heavy and a strong man, and in the course of the fight said that it w»d a perfectly fair fight. If the jury could conscientiously come to this conclusion, he hoped they would remember these circumstances, and be as lenient as they could.

The Judge then* addressed the jury, stating that the law scnipelled them to find the prisoner guilty, although he agreed with the Counsel for the prisoner that it was seldom a man appeard at the bar with so many circumstances in his favour, and he, no doubt, deeply regretted the affair.

The jury having retired for a few minutes, returned a verdict of guilty, and the prisoner was sentenced to twelve months' imprisonment with hard labjur, to be computed from the 27th o December last.

Thomas Toohey and Peter Ford were indicted with aiding and abetting in the last case. It appeared that they had acted as seconds in the fight, and as they plead guilty, his Honor, after a few impressive remarks upon the offence and sin of fighting, sentenced them to three months' imprisonment with bard labour.

Stealing is a Dwelling.

Thomas Wilton and James Wright w re charged with stealing a sum of money, on the diggings, from Robert Ross ; Wilton with receiving the money knowing it to ha\o been stolen. The prisoners, pleaded "not guilty," and were defended by Mr. South.

Robert Ross, examined by Mr. Cook : I am a storekeeper in Wetherston's Gully. One of the prisoners was in my employment on the 20th November, and the other hud been. Wright was in my employment that day, and Wilton once asked me for work. I received" £24 that day. I rolled £20 of it up and put the remainder nwav. The £20 I counted and was going- to put it in uiv cash box when I was called out into the store, from the back tent, and had to (rive change to a customer 1 laid the *20 down on the table or the counter. Ido not know which. The prisoners were iv the store at the time. I missed the money about fifteen or twenty minutes afterwards. Theprisoners had been in the back tent during the time I was in the fatove. I baw them coming out of it. There were several persons in and out during this time. When I missed the money the two servants, Stephen Brown and Andrew Lemon, aud another young man helped me to search the tout for the money. We did not find it. The prisoners had left before I went into the tent, and I proposed to go and see whether they had taken it. I saw Wright in the Washington Hotel, and culled him out We went into the .store next door to the Washington. I asked him if he had taken the money, and he said no. I then asked him to turn ou this pockets, which he did after some hesitation. lie had only one pound that I baw. I then saw the other, Wilton, and he denied having taken it also. I asked him to turn out his pocket and he pulled out a purse with a lot of money in it. I thought there was about £40, principally sovereigns in it. I did not count it. Soon afterwards I was sent for to the Fl.it and a man told me to go into the Washing-ton quick. We went in and saw Wright with a purse m his hand offering to make a bet about fighfcing some man. When he saw me he tried to put the purse in his pocket. The stoiemun told him to give him the money, which he did. I then asked another man to come and sec tiio money counted We all three w cut into the store and counted it. The storeman and the other man there counted the money, there were eight sovereigns, one half sovereign and some "silver. I told the storeman to keep the money till I sent for the police. I then asked the other man to go with me to the other store to see the prisoner Wilton. We found him sitting near the fire. I told him he had better confess, as Wright had acknowledged doing so, and said that they had divided it. Wilton then said that he would tell them what he knew about it.

Mr. t South objected to this evidence being received, as it was obtainsd by false representations, which objection his Ilonar sustained, and ruled that the evidence was inadmissable. The examination then went on.

Wilton put down £10 on the ground. I then sent for the police, and they were both arrested.

Cross-examined by Mr. South : It was about 20 minutes after I laid down the money that I missed it. It might have been half-an-hour. There were customers in the store during that time Other people were in the habit of going into the inner tent. I did not notice any oue but the servants, and the prisoners in the tent during the time. I was in the store, but others might have gone in without my seeing them. It would have occurred to me to send for the police if no one had spoken to me about it. Ido not remember any one suggesting it to me. I was not aware of any quarrel between the man who was with me and Wright. Ido not remember Wright ever giving me an 1.0. U. 1 paid for a share in a claim for him, the night before, and he was not to pay me until he got it out of the claim. I had a share in the same claim, aud he was working for me for wages. He refused at first to turn out his pockets, but did it afterwards. I remember having given him money once or twice before this. I think it was on the Saturday night before. I owed him a little money about this time. Wilton was the worse of liquor when he put the money on the ground. He seemed to me to be asleep when I went in. I spoke to him and he raised bis head to listen to me. He put his hand in his pocket and took out his purse and laid it on the ground. Ido not remember the man who was with me taking it out of his pocket, but he may have done so without my seeing him. I did not sec any one give the prisoner a blow. He may have beeu caught by the wrist. He gave the money, it was not forced from him. The money was in bio hand when we went in, and he tried to hide it. .u.fter I sent for the police he got up and went away, and was found a couple of miles away. Wilton wanted to purchase a share in the claim, but I do not remember his offering me £20 for it. He may have done so.

Wm. Aldgatc said : I am storcman to Mr. Ross. He has two stores, and I was in charge of one, next door to the Washington. I know the prisoners, aud remember Mr. Ross coining to my store on the 10th November, and telling me he had lost £20. I asked how, aud he said he did not know for a certainty, hut that it was in the other store. He said that Wright was there at the time, and soon after I saw him and Wilton at the Washington aud told Mr. Ross. I called Wright into the store and he came. Ross asked him if he had any objection to be searched, as he had lost some money and thought he had it. Wright said he had no objection. Mr. Ross and himself then searched his pockets, and he gave Mr. Ross his portemonia. I do not know what it contained. After Wright went Ross told me to keep an eye on him and to call in Wilton. Wilton came in and was charged with having taken the money, which he denied, and they then went away. I afterwards saw Wright go into the Washington, and I heard him stake £10 to Sght another man. I went and sent up for Mr. Ross ; he curae down at once, and we went into the Washington, and I took the purse out of Wright's hand. Mr. Ross then asked another man to come into the other store and count the money. Wright was drunk when I took the monej from him. Some of the half soverigus were bitten. I used to try them with my teeth to see if tney were good. I had shortly before paid over a number of half sovereigns to Mr. Ross. Some of them were bitten.

His Honor at this stnge inquired of the Crown Prosecutor whether he had any stronger evidence -, and, on his replying in, the negative, he said that he thought it was a waste of time to proceed with the ca ; e, and he would leave it to the Jury, who immediately found a verdict of ".Not Guilty.' 1 STEALING. William Havers was indicted for stealing a board. 16 feet in length, value 55., from the premises of Duncan M'Farlan of Pelichet Bay. Duncan M'Farlan, the prosecutor, was examined, but as the case was brought before the i Police Court last week, and we published his evidence in full, and his examination in this Court elicited no new facts, there is no necessity for rcpublishing it. Henry Foster examined, said, I am a carpenter. I know the prisouer I never sold him a board. I never sold the board produced to any one. Cioss-cxamiucd by prisoner: I remember your applying to me for boards on three or four different occasions. I offered you some, as the only ones I had to show, but the length did not suit you. You also asked me if I had any flooring boards, I told yon I had bought some, but had not yet taken delivery. When I next saw you, you told me you had got four or five. I told you I had some timber at Moor's store, and also at. I Towers', but could not sell them as I could not spare them. I have no recollection of telling you that you might have one. I did not name any price. Constable Foster deposed to the prisoner having told him when arrested, that he got the board from a man of the name of Foster, and that the last witness lived in the residence indicated by the I>ri soner. This closed the case, and the Judge having charged the Jury, they returned a verdict of "Not Guilty," and the prisoner was discharged. Tuesday, Jan. 21. HIGHWAY BOBBERY. John Anderson, alids Burns, was charged with being one of the principals in the sticking-up behind Maungatua on the 18th October last. The prisoner pleaded not guilty, and was defended by j Mr. South. The Crown Prosecutor and Mr. Cook conducted the case for the prosecution. The Crown Prosecutor having opened the case — Charles Corstorphon was examined by Mr. Cook, and said: I recollect the 18th of last October. I was ascending the Maungatua ranges that morning about 8 o'clock. Near the top I met a man with a black mask, and armed with a revolver in his hand. Ho came towards me, and I stopped. I did not know what to do. lie presented tho revolver at me. Other tlnve then got up from the ground where he was standing, and. they laid hold of me. They were all armed with revolvers. One put his revolver to my temple, and told me if I went quietly no harm would be done to me. lie dragged me down to agully and stripped, searched, and bound me, tying my hands behind my back, and also tying my feet. The gully is in the bush, off the main-road. They took my watch and revolver from me. It was a silver hunting watch. They also took £2. They &H had masks on, but I sometimes caught sight of their faces. The mask* were silk handkerchiefs, I was three hours' alone with the prisoner in the morning before any one else was captured. I saw his face. When I was bound, I was left in the custody of the prisoner. Fourteen mni wuvq robbed and tied up during the day. I know Malony. He was one of those robbed. At night they tightened our tying-s, and bound each of us up to ii separate tree. I was bound altogether about fourteen hours, and during that time I heard them all speak several times. They were joking and laughing all day. Ihave'no doubt that the prisoner is one of them. They left us abont 10 o'clock at night, and after they had goue I loosed the cords by which I was bound and re- ' leased the others. Several of us then went to Mr. Fultons, at the West Taieri, and reported the case to him as a magistrate. We remained there all night. In the morning we went down to Mr. M'Kay's accommodation house, and I staid there all day and that night. I was in bed at night but theic ! was such a noise down below that I could not sleep j so I got up and went down stairs again. I sat down in the bar and saw a man sitting near the door. I thought he was one of the robbers. He beckoned to me with his finger, and I went^over. 1 asked him if he was not one of those " who had stuck me up the day before, and he replied that he was, and asked me what I had lost. I told him, and he said he had been shepherding me for .some days, and asked me if I would go mates with him to the diggings. The loom was full but no one could hear what was said, the noise was so great. It was the prisoner. He had acted as sentry daring the robbery. He offered to pay my expenses to the diggings, and said he had plenty of money, and I need not be afraid of wanting. I told him I did not care about going with him, as I had mates on the diggings myself, but I ultimately agreed to go with him. He gave me £1 in silver to pay \ny expenses to the diggings. I had no money of my own. I did not give information against him as I wanted to get to the diggings where 1 had a good claim, and' was afraid of losing it in consequence of the delay. I was also afraid that I might get my brains knocked out, .and I thought it best to get clear of the whole lot. When I left Mr. M'Kays, the prisoner and myself went towards the diggings. When we got to the top of Maunyatna he proposed to take the tent aud provisions from the place wTiere the robbery occurred, so as not to have to buy them on the diggings. We did so, and then went on to the diggings. While going on I grumbled a good deal aud I did not like being in the prisoner's! company. I especially dislike! taking the tent and things which had been stolen, but I thought it best to let him have his own way, and try to get clear of him when I got up there. When we reached tiie ridge between Gabriel's and Wetherstone's, I left the prisoner and went down to see my mates. I told them all about the afiiiir and that the prisoner was with me. I then rejoined the prisoner and he asked me to let his swag remain iv my mate's tent. I then went to Gabriel's Gully with him, and he got his hair cut, and shaved, and had his dress altered. I then went to a friend's tent with him, and we had supper there. We all then went up to my tent to get his swag, and after they got it I went to the top of the ridge with him, and we there separated. I went back to my mates. I told him that if lie never troubled me I would never trouble him, and also that the Police had been in search of me.

At this stage of the examination Mr. South raised an objection to the effect that as the witness had been guilty af compounding a felony, his evidence was iuadmissablo. The objection, however, was overruled by the Court, and the examination went on.

lie then went away. His two friends were with him. I never saw or heard of him again till I came to Dunedin. I came to town because I was summoned by the Police. I came and was taken by the Police to the gaol to see if I could identify any of the prisoners there, as one of those who had stuck me up. I saw the prisoner there, but I said that I did not know him, although I really did re-cognise- him us. one of the robbers. I said that, to avoid being detained in town, or troubled by the Police. I wanted to get back to the Diggings. I had lost several days up there, as I was summoned from time to time to go to the camp to try and identify men. I had shifted my tent several times to avoid the Police, as I was losing £[ 10s. to £2 every day I was away from my work. I identified the prisoner in gaol, as I was afraid of being put into gaol myself if I did not ; it being well known that I had accompanied the prisouer to the Diggings. I told the Police that the prisoner was the man. I described the dress the prisoner wore on the day of the robbery to the police. It was a pair of moleskin trousers, red woollen shirt checked with black, a dirty coloured hat, and a pair of Bluehcr boots. He had also a mask and revolver. He had two revolvers. I also described his person to the police, and that his beard was red and his hair a shade lighter. I have not seen any of my own property since I was robbed. Before leaving the diggings I received a message to the effect that 1 was going too often over to the camp.

Cross-examined by Mr. South.— l did see the face of the man who first stopped me on the ranges. I was not asked whether I had seen his face, when examined before the magistrates. I saw his face when he stooped down, and the mask flew aside. I saw sufficient to recognise him again. On one particular occasion, when one of those robbed was taken, and gave a great deal of trouble, one of the robbers knocked him down, and the prisoner went and picked him out of the creek, into which he had fallen I was close by, and when he stooped down for this purpose I could see hia face quite distinctly. By the subsequent circumstances, bywhich'l- said I could identify one of the men, when before the magistrate, I meant, the meeting the man at M'Kay's, an* going to the diggings with iiim. I know

him after he fished the ra i n out of the creek. I then saw his fice in such a manner as, to enable me to recognise him again. I knew the prisoner as one of the robbers when he beckoned to me at M'K.iy's. I recognised him by his very movement!). He had the same trouser i and boots on. I was quite sure that he was the man. < -'

I was afraid that I might be punished for being in his company. [ had not done anything wrong. I went to a friend's house as soon as I came into town. I reported myself to the police the moruing of the examination. I came into the Courthouse and sat down. I did not go. to the gaol first, I did not go there till I was taken there. I did not go there first. I went to the Court-house, and I saw the prisoner at the bar there. I then saw him taken out and I had a full view of his face. I did not know what he was charged with. I went from the Court-house to the gaol r and I was there shown the same man amongst a number of others. I then knew him, but did not say so. I said that I did not know any of them. I was asked if I saw there any of the men who had stuck me up, and I said no, beaause I was loosing both time and money by being detained in town, and I thought I would not be asked any more questions, but allowed to go back to the diggings. I should have gone away although I recognised him, and allowed him to escape from justice. Mr. South : In your examination before the magistrate you said that you were not sure which is the truth.

Witness : The truih is I did know the man, and was quite sure. I was confused by the number of questions iv the Magistrates' Court, and may have made a mistake, but this is the truth. When I spoke to him at M'Kay's, I asked him if he was not the man who had stuckuie up, and he said that he was the man who had done so. As near as I can recollect, the exact words were " Yes, and you see I am not frightened to. come here ! " I weuld not have given evidence if the police, had not found me out and summoned me.

Re-exaralned by Mr Cook : When I first noticed the prisoner at M'Kay's Ms eyes wereon me, and he immediately beckoned to me. There were from fifteen to twenty persons in the room at the time.

Wm. Malony, examined by Mr, Cook. I have an accommodation house at the West Taieri. I remember the 18th October last I was going to the diggings. I was alone, and was leading a pack horse. I met a tall man near a tent, who said, " good morning mate ; have a drink of tea." He then asked me " where I was going ?" and I said, '• to the diggings." lie said, " I was waiting for you, as I knew you were coming." He took me by the neck, and took out a revolver, threatening to* shoot me if I was uot quiet. He then dragged me into a gully at the back ■of the tent. A .small man then came up and knocked me down with a shove, and fastened my coat round my waist, , tying my hands behind my back, • The big man then took 4 or 5 sovereigns out of my trousers pocket. He then took eff the covering which he had put over my face. He had a mask on his face then. I was then laid ou the ground with my hands and legs tied. There were 7or 8 others tied up. There was a sentry kept to guard us. I believe that the prisoner is the man. He had on moleskin trousers, a ied tnd black check shirt, and a black felt hat. 1 repeatedly heard him speak and [ believe the prisoner voice to be the same. It is exactly the same. He (the sentry) had short thick hair, exactly the same as the prisoner's. The mask was off his face for a moment, and I saw that it was covered with hair rather darker in color than his hair. I complained of my hands being tight, and he said I could not complain as he had had a chain to hi& legs and round his neck for * a fortnight, so that if he moved he would hang himself, and that it would have been easier for him to have shot the lot of us than to have stood sentry there all day. When I went to the gaol and saw the prisoner, I said that the voice was the same, but he did not look tall enough. He would scarcely^jjeak and shrunk himself up. • I afterwards heard him speak in Court when he did not know that I was present, and I recognised the voice at once. Corstorphon was one of the men who were stuck up. We were left tied, each to a separate tree and the tall man threw some blankets and tents over us. He said that he would send some one to release us. I cannot swear to his face, but I can to his voice, size and color of his hair. The witness was theu cross-examined by Mr. South, but no new facts were elicited, nor was his evidence in chiefa t all shaken. Donald M'Kay examined by the Crown Prosecutor : I am proprietor of an accommodation house &t the West Taieri., I re:nember the time the robbery was comm itted. The day after I saw the prisoner in my house. I saw him coming to my house over a fence- He was alone. Corstor- , phon was at my house the same evening. He and the prisoner asked for a bed together. I told them I could not give it to them and they said they would sleep on the ffoor, rather than' be seperated, as they had to go together in. the morning. Cross-examined by Mr. South. Ido not know: whether Corstorphon had been in bed before this.: The bar is in a different house to the beds, but if people in the bar made a great noise, those in the sleeping room would tfe disturbed. Corstorphon said that tho prisoner was paying his way, and they arranged to sleep together. I can swear that the prisoner is the man. This concluded the case for the Crown, and Mr. South then addressed the jury at some length for ■ the defence, desiring them to dismiss from their minds anything which they might have read in the newspapers, who, in this case, had asked in a most unjustifiable way in pronouncing the prisoner guilty before he was tried. ' The learned gentleman then dwelt at considerable length on the contradictions and inconsistencies of the evidence as to the whole case, and concluded by beseeching the jury if they had any doubt as the identity of the prisoner with the senting at the robbery, to give the prisouer at the bar the benefit of it, and acquit him. Mr. South then calted Frederick Monson, but as his evidence went to impunge the evidence of Maloney upon subjects on which he had not been cross-examined, the Court ruled that it was inadmibsable. The Crown Prosecutor then addressed the jury, reverting to the principal points in the evidence to prove the identity of the prisoner, and replying to Mr. Souths objeetious as to the contradiction between the examination at the Police Court and the present one. • ' • His Honour having siunraed up, the jury immediately returned a verdict of guilty. His Honour in a most impressive manner sentenced the pri&i ncr to imprisonment for three years with hard labour, the time to be computed from the 26th December last. ASSAULT. Frank Joseph Fitzpatrick was indicted for assaulting Edward Hill, at Wetherstone's Gully, on 21st December last, to which charge he pleaded not guilty. The prisoner was defended by Mr South.

Edward Hill, examined by Mr Cook : I was employed by the firm or Richmond and Fifczpatrick, to take charge of the Golden Age Hotel. The prisoner was one of the firm. On the 20th December prisoner called on me and looked over the premises to see what business had been transacted. Next day, about three o'clock in the morning, we had a few words. He demanded the money I had received in the house. He was much the worse of liquor, and I refused to give it up to him. He then struck me on the head. I believe the blow was from the prisoner, but as it was given from behind I cant exactly say. He was standing a few paces behind me. I was stupified by the blow and by drink, of which I had taken a considerable amount. There were two other people there at the time. They came to my assistance. I do not know what I was struck with, but I think either a stove or a bottle. My_ head was cut, and it bled a good deal, but nofc< very much. A doctor was sent for, and he dressed the wound. By Mx South : The" prisoner was the nearest person to me when the blow was struck. He may >• not haA r e struck the blow. Mi' South, at this stage, submitted that there was no evidence, to sustain the indictment, and as . the Counsellor the prosecuton stated that, they) ., t possessed none stronger, the jury, returned aver- "{' diet of not guilty, and the prisoner was disv charged. " ,- -„.}.„"}

• * 111 'i <••;.!// ' >> '* •— Ml- V'f,''j tfl'-* " Scotland having complained., of the ishamefuL / treuiment of her lion, in the English standard the complaint will, it is understood, be foUbvrecl - up by Wales, the English heraida having entirely ignored the 1 Welsh rabbit.' 1 ' ' ' " ' v- ' • ' 3 ■'' ' r - . , .-, >, IU ,i ..k < - ... -: win! ..-r-i ,7«<! _ People who attendfires should never throw tlien-. bureas out af the window until a sufficient num-' » berof people hare accumulated beneath to< w 'break: **

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