SUPREME COURT.

quarterly sessions opened. The quarterly sessions of the Supreme Court at Xew Plymouth were opened yesterday morning before Ilis ilonor, Mr., Justice Edwards. The following Grand Jury was sworn in:—R. ll.,George, A. Goldwater, O. W. Sole, Geo. Fox, -F. W. Atkinson, W. H. Cook, C. S. Rennell, J?. W. Darcy Robcrtson, C. H. Burgess, J. D. Sole, J. McLeod, D. K. Morrison, T. G. Hirst, H. J. iS. Brookman, P. J. H. White, D. Penman, li. F. Cornwall, R. J. Deare, E. W. Garuer, J. C. Morcy and H. V. S. Griffiths. Mr. C. H. Burgess was chosen foreman. HIS HONOR'S CHARGE In his charge to the gTand jury 'His Honor said he was very happy to say that tl-.eir labors would be exceedingly light There were only two persons concerned in the charges before the Court. The first was one of committing an abohiinable offence by a man said to be a half Portuguese and half Hindoo against a very little boy of 4h ybars of age. The principal witness was the little boy, and on his evidence alone they might well hesitate lo send the man to his /trial, but there was a further charge against the same man of committing a similar offence against another boy, in; which a statement had been made which, ;'l'.pearcd to implicate the accused in the former cast. The other person was a. Maori, against whom there were two charges of cattle stealing. If after examining the evidence which would be placed before them they considered it sufficient to justify 4he accused in standing their trial'on the charges preferred against them, they should return true bill? in each case. The grand jury then retired, and uponreturning brought in true bills in the cases of Agatai Perercka, theft of cattle (two charges);

Mark Dp Gama, unnatural offence. His * Honor thanked the grand jury for their services, remarking, as he had done on previous occasions, that ho did believe (lie services of grand jurymen were of value to the country. The grand jury were then discharged. PRISONER TOR SENTENCE. George Thomas Gif kins appeared for sentence 011 a charge of forgery and uttering. Mr. D. Hutchen represented the prisoner.' He said that the father of the prisoner had made restitution of the amount involved in the case. The prisoner was only lfl years of age, and, previous to Ms present offence, had horn a good character. He asked that 'his Honor should deal leniently with accused and admit him to probation. The Judge said ha \|fis surprised that one so youthful had committed forgery and uttering. He was very loath to send a first offender to gaol. The probation officer's report was satisfactory, and lie would therefore admit accused to probation for a period of two years, prowded he lived with, and obeyed, his father during that term. If such an arrangement had to be varied, "his place of residence would have to he subject to his father's approval. Prisoner would also have to pay the costs of the prosecution amounting to £3 15s.

THEFT OF CATTLE. Ngatai Pererika pleaded not guilty to two charges of the theft of cattle at Warea on or about 'December 11, 1917. Mr. H. I!. Billing represented the Crown, and Mr. A. 11. Johnstone appeared for accused. Tile following jury was empannellcd: \V. 0. Douglas, Henry Dood, J. T. Locke, A. Buchanan, 11. Heal, A. S. Hasell, 1/. R. Little, 15 S. Pearce, V. Biggin, L. I. Rea. W. A. Graham and R. M. Cornev. Mr Hasell was chosen foreman. Noho Te Whiti, farmer, Pungarchu, r.n.id he bought a line of 150 cattle for his wife in August of last year, and marked them with his 6wn tirand. He put (iD out to graze on accused's section at Newall road, Warea, for which he agreed to pay £2O for three months, £5 being paid at the time. He went away from home for a time and on returning went to accused's pl t ace with his wife and daughter for the purpose of Feeing and counting his stock. He saw 55, and five were dead. They were all on accused's property. He took 38 away for the purpose of selling them. Accused's cattle were larger than, hig own. He remembered the Stontv River sale a little before Christmas. When he went to accused's place he saw no one else there It was when accused returned from Auckland that witness toid him to look after the cattle. There were 17 there then. When he heard that accused had sold his cattle he went to see his (witness's) stock and found none there. He later saw some cattle with his wife's ear-mark at Mr. Gill's farm nnd also some similarly marked at Mr. Grecnway's farm. One was a yellow Jersey, one blue and one white. Thev were amongst the 17 that had been left on accused's place, He had sold none except the 38 he took away. He did not give the cattle *0 accused as payioprit' for grazing, and le gave .iccu&ed no i'litli'.rit.v to sell anv cattle on his iieha't. When the sa'.'ie were sub.-e'|.icnt-l« MerCf.ed they v. ::e taken el'arge of by rite j.olice. To Mr. Johnstone: 1-Tad lived all his life at Pungarchu and Parihaka. Accused belonged to Tikorangi. He owned eleven cows which were in milk. There was a bill of sale over them. His wife owned the 150 which were bought last year. The brands and ear-marks were his, and he managed the business for her. He sent some of the cattle to prisoner's because he heard there was a lot of grass there. They were taken the day witness went to Karihoe. Witness said he stayed there about two weeks.

Mr. Johnstone: Are you heavily in debt?—l did not come here to answer that. Mr. Johnstone repeated the question, rtnd said lie would not go past it without an answer unless his Honor directed him. The witness replied that Mr. 'Johnstone lcnew that as well as he did Mr Johnstone: Exactly. How miu/i do you owe —several hundred pounds? —T)o not know how much. Continuing, witness said he owed Mr. Oi'oonway £flO. Mr. Johnstone then put it to witness that lie had taken all the sheep from a Maori run and sold them to iTreenwa.v, and had since had to pay back the money for them, to which witness replied "Yes." It was further elicited that :i sister of witness had paid back £IOO on his behalf and that £OO was still owing., His Honor interposed, and said witness could not be compelled to say he had stolen the sheep.

Mr. Johnstone then asked the witness who paid the cost of his journey to Karihoe, and witness replied that his wife paid. They "fell out" on the wav ho">o. Ho beat his wife while in the train. He did not knew that he was drunk. 12very-

tindr was like that sometimes) At Arnrt'oho his wife left him. md he came to New riymouth by motor cnr. A native paid for the car, and also for a ear by which witness went back to Wanganui. He had not paid for the car. lie had 110 money to pay hack the native. The stock was removed from Ngatai's the day accused went away to Auckland. Accused was not there, but consented to witness taking the cattle. 11? removed 38 and took them to Kaliotu sale, lie sold (iil that day. They were all marked with his brand. There were numbers of cattle in the district with his mark. He did not remember accused asking him for payment for the grazing. He never told Ngatai that he had money coming from the lawyer. iHe did iu?t go to inspect his stock at Ngatai's till November because lie was busy working on his farm.

To Mr. Billing: The sheep lie took from the Maori pah belonged to his father, Te Whiti, who was the big chief at Parihaka. The cattle lie sent to graze at accused's were about three months old. They were the only cattle of that age in the district with his earmark on at that time. Atiria Te Whiti, wife of the previous witness, gave corroborative evidence. Cross-examined by Mr. Johnstone, witness said her husband did all the buying and selling for her. Those bought iti Apriflast were the previous season's calves. She had never been on Ngatai's land. She counted the calves when her husband brought them home from the sale, and helped to brand them. The thirty-eight subsequently taken from Ngatai's land were brought to their farm and taken to the sale the next day. Her husband had sold cattle other than those he sold for her. She remembered Ngatai coming to her house twice 011 December 12. He never offered lier any money on that day. He offered to buy three heifers at £4 each. Her husband was present on the second visit made by Ngatai on that day. Accused never said in her presence .that Te Whiti had sold him the heifers. Her husband said he could not sell them because they were not his.

To Mr. Billing: A European came to her place, nnd told her all about the sale of the cattle between the first and second visits of Ngatai on the day in question. Wi Kupe, farmer, Pungarehu, said lie put forty-five head of cattle on a section of his, adjoining accused's place, in August last. Jn October he missed some of the cattle. Some of them were found on Ngatai's land—two heifers and two steers. Accused wished to purchase them, c.nd offered £l4 10s for the four. He never sold them to accused. He subsequently found, two of his heifers at Mr. Grcemvay's and a steer at Mr. Gill's. He had never given any authority for any of his stock to be sold. Accused came to liis house and offered him £lO, saying he had sold the cows. Shortly after, he heard from Te Whiti and the policeman that Ngatai had sold his stock. To Mr. Johnstone: There was a fourwire fence between his place and accused's. The fences were sometimes broken down, and the cattle often got on to each other's places. He remembered accused wanting to buy four of the cattle which would not keep oIT his place, and he suggested the price should be reduced because of the grazing they had eaten. He did not sell the cattle to accused. Win. B. Smith, farmer, of Newall road, said lie was present at the sale on December 11, and had some conversation with accused, in which he said lie was going to Sell some cattle/ for Te Whiti and Wi Kupe. He said he was going to keep out of the proceeds the amount owing to him by Wi Kupe. To Mr. Johnstone: Had always found accused an honorable man.

ACCUSED'S STATEMENT. .Constable Fitzgibbon (New Plymouth) gave evidence, in which he said he had had an interview with.accused concerning the charges. Accused made the "olio ving statement, which was taken down in writing and signed by accused: "On August 20 last Billy Te Whiti put head of cattle, mostly steers, about 12 months old, on my place. He agreed to pay Is per week per head. About the end of October Te Whiti took the cattle away again. I think it was the day after 1 went away. I had twenty-seven 16-month steers running on the same section with Te Whiti's. I went to Auckland for a month at the end of October. When I returned all Te Whiti's cattle had gone from my place, except three heifers, one of which was white, one yellow and one red. They were running with my own cows. When I returned from Auckland, Te Whiti came atid saw the three heifers. I told Te Whiti not to touch them, as I" intended to keep them to help to pay for the grazing. When I agreed to graze Te Whiti's cattle he paid £1 deposit. Te Whiti agreed to my having the three heifers. On December 11 I sold the heifers at a sale at Okato. I also sold twenty-six steers and another heifer that day. This heifer and two steers were bought from Wi Kupe about two months ago, the .price being £l4 for the three. Te Whiti's heifers were ear-marked, but I don't remember the brand. The two steers and heifer bought from Wi Kupe were ear-marked, but had no brand. I was present when the cattle were sold. Curlin Gill bought the steers, and, I think, he also bought the heifers. Collins drew my attention at the Kaleyards to Wi Kupe's ear-mark on some of the cattle. Before the sale I told inv neighbor —W. B. Smith —that I had three of Te Whiti's .heifers. I only bought two steers and one heifer from Wi Kupe. They had been running on my place for eight months. After selling the cattle on December 11, T went to Te Whiti's house and told Mrs. Te Whiti that the three heifers were mine. She would not agree that they were mine. She paid me £2O for grazing. I did not oiler to buy the heifers from Mrs. Te Whiti. 1 told her they were sold for £4 each, and that she only owed me £7. Before seeing Mrs. Te Whiti that day, I paid Wi Kupe £lO for the cattle I had bought from him. I sold the steer to Pat Carey in October last. He was one that followed some cattle on to his place. While away 1 sent four wires to Te Whiti, asking for £2O for the grazing. The reason"l did that was that I heard while in Auckland that he had taken away all the cattle. When I returned I asked Te Whiti for the grazing money, but he asked me to wait until lie saw the lawyer. Then I told him to leave the heifers for me, and he agreed."

To Mr. Johnstone: He know that Wi Kupe had been in a mental asylum about two years ago, or perhaps less. To Mr. Billing: There had been no trouble as to Wi Kupe's mental condition since that time. Charles Fairbrother, auctioneer, said he was selling for Newton King at the Oka to sale, on December 11, and sold certain stock for accused. If any of the stock sold by accused had belonged to anyone else it would have been customary for the seller to tell the auctioneer, Nothing of that sort took place in connection with the sale in question. Carlin Gill said he bought a line of twenty-six steers at the Okato sale. One of the steers was subsequently claimed by Te Whiti.

To Mr. Johnstone: He had leased a section adjoining Te W'hiti's at Pungareliu last winter. The prices were good. It was a common occurrence for cattle to get mixed witli those of his neighbor's. He had known accused for several years, and had always found him perfectly straight. Harold Collins, agent for Newton King at Piahotu, said he remembered the sale of twenty-six steers at the December utile to Mr. Gill, on account of accused. He remembered the purchaser calling his attention to the ear-mark on two of the steers after the sale, and when the matter was referred to < accused he said it was all right.

CASK FOR THE DEFENCE. For the defence, Mr. Johnstone called the accused, whose evidence accorded with the story us given- by Constable Fitzgibbon in the statement which accused had made to him. Cross-examined by Mr. Billing, witness said that when lie got the three cattle from Te Whiti he did not ear-mark them, as he did not think there was any possibility of losing them.. When lie took the 26 steers to the sale at Okato some of them were smaller than tho others —some were 15 and some 18 months old. The heifers that Te Whit: gave 1 him were smaller than the steers. He said the grazing was to be at Is per head per week, but he arranged to take £2O prior to accused going to Auckland. It. was Te Whiti'B suggestion, and accused agreed. Te Whiti said the cows would probably remain till Christmas If they did remain till then more would have to be paid for tliem. If Te Whiti had told him he was going to remove the cattle almost immediately accused would have, waited for another boat so as to see the cattle removed. He (lid not need Te Whiti's money in order lo go to Auckland. When he went to pay Wi Kupe for his cows he offered him the £l4, but he only took £l3. Kupe said toy-and* by would do for the other. The day he sold the cattle at Stony River he received altogether about £BO. He could not say why Te Whiti and Wi Kupe had said they did not give him the cattle or say he could sell them, unless it was that Te Whiti v/as oik- of the worst of men. He had had dealings with them both before and had no trouble whatever. He did not sell the cattle in order to pay himself for the grazing he had given them. Counsel for accused addressed the jury and his Honor summed up. The jury retired at 4.00 p.m. and returned at 5.5 with a verdict of not guilty on all counts. UNNATURAL OFFENCE.

Mark tie (who had several aliases), pleaded not guilty to a charge of committing an unnatural offence on a little boy of 4% years of age, at Hawera on or about December 3. Mr. H. R. Billing prosecuted. Accused was unrepresented. The following jury was empanelled: 11. R. Bundle, E. Robinson, F. L. Eliott. J. J. Powell, <i. T. Burkett, A. Smith, H; Sinclair, L. 15. Hoffmann, C. Hard.weaves, J. Rollo, o>. !R. Bruce, and T. Ilardgreaves, junr. Mr. Rollo was chosen foreman. Evidence was given by the little boy and the arresting constables, to whom a statement of confession had been made. Prisoner made a statement to the effect that he did not mean to do what lie had done. He was a little intoxicated at the time. He was not in'the habit of Interfering with little boys or girl.* His Honor ?n.id it was not necessary for liim to sum up. There was the prisoner's written confession and also the evidence. He would insult the intelligence of the jury by telling them i they could retire to consider their verdict.

Without retiring, the jury returned a verdict of guilty. Prisoner was then arraigned on the ofTc-ncc of which he had confessed guilt before the Magistrate at Ilawera, and in reply to the usual question had nothing to say as to why the sentence of the Court should not be pronounced upon him. In sentencing accused to five years' imprisonment on each charge, the terms to he consecutive, his Honor said accused was guilty of a most abominable and pernicious -crime, and one' that sapped the morals of little children. The victims of his offences were so young and innocent that tKey could have no possible idea of what'lie was doing. The crime was one which went to the very root of the trerals of tl community. Prisoner: I never did them no harm. ilis Hopor: I take, and every decent person iu the .'ommunitv takes, a very different view from that. You have done a fcura that can never be undone. Continuing, his 'hc.nor said he intended that accused should do r.o harm to any other cnildren for a very long time He '.rns accordingly sentenced to the term stated. The Court then adjourned till 10 a.m. to-day, when civil business will be taken.