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SUPREME COURT. Auckland, September Ist, 1849.

The Quarterly Session of this Court was openel on Saturday morning for the trial of criminal cases. His Honor the Chief Justice took Iris seat at a few minutes past ten o'clock, when the following gentlemen were cmpannelled on the Grand Jury — Foreman, Likut.-Col. llulmk. —W. Brown, R. C Jiarttow, S. A. 'Bell, W. 8. Grahame, J. Hargreaves, A Kennedy, S. Kcmolhorne, Thos. Lewis, L. McLachlan, E. Mayne, H. Matson, D. Mahon, G. M. Mitford, J. Salmon, M. Whytlaw, J. Woodhouse, and H. Weekes, Esquire 3. His Honor briefly addressed the Grand Jury, ol>seiving that, although the Calendar was unusually heavy for this distiict, yet, after having ru»d the depositions in each case, he did not find that any comment was required from him to guide the jury in the discharge of their duties. The Grand Jury retired, and found True Bills upon the several indictments laid before them. Thomas Applehy (an elderly man) a labourer, was ch»rgp<l MtHh having committed an assault, with a criminal intent, upon a child of eleven years old, named Emma Nicklin, on Sunday morning, the 20th May last, in hi- own house in Official Biy. The prosecution was conducted by tha AttornejGeneral, but 'lie evidence that was given was of a natme not fit to be published. The pi incipal witnesses that appeared tujninst the prisoner weie the child herself and her mother. Ths evidence of the former was, for the most pnit, clear, strong, and, as many thought, conclusive of the prifionei'b guilt. The testimony of Doctors Duvies and Caiter was ooiroborative of that given by the child and her mother. However, the prisoner was defended by Mr. Whitukcr, who, while delivering a very able address to the jury intioducod with much ingcnioirn^s »i passage fiom a lecture delivered to a number of medical students by Sir Astley Cooper, which appealed to have the effect intended by the learned Counsel, — for the jury, after deliberating for a short time, returned a verdict of " Not Guilty.'' Iho mas Bowman was then placed at the bar, charged with having stolen the sum of <£3 14s. Gd. from the public house of William Green, at Panmure, on the 20th Augubt last. Ann Durbiidge, bar keeper, stated that she had placed a imall bag of money in a little trunk behind the bur ; that on the day in question the priioner came I into the house ; (hat just as she rose from her dinner, and had gone into the f hop, she observed the prisoner behind the bar with the lid of the trunk in his hand ; she stepjcJ up to him, and enquired what he was doing there; he said "Nothing; 1 ' she then looked into the trunk, and missed the bag, and immediately sauglit the pvisomr by the neck, and took the money out of his hand as he was putting it into his pocket; she held hiixi until Air. Green came in to her assistance* Tae testimony of VV. Green, the owner of the house, corroborated Ihe statement of this witness ; and /Vlcx. ander Henderson, the constable who took the piisoper iv charge, swore to the amount of the money that was in the bag when it was given up to him in the pri. sonei's presence. The jury returned n. veulict of Guilty. The Grand Jury, beforu they u'eie dismissed, made a presentment to the Com t against private slaughter houses. But his Honor informed the foienian Hut no the presentment was one of a general and not of a specific nature, the Court could nut take cognizance of it. However, he would have it fOlf 01 warded to the local Government, and, coming aa it did from the Grand Jury, he was confident that it would be received with that consideration that pioperly belonged 10 it. The Court was adjourned until Monday at ten o'clock. The Court was occupied the whole of yesterday (Monday) in the ,tnal of Edward Williams and John Henry Brown,' who were chaigcd, on three separate indicimenK, with stealing c tt 0 belonging to Mesais. Gbddes, Oimsby, and Potter, fjom the run at Maungarui. within twenty-five miles of Auckland. Williams j was found guilty on eßoh of the charges, and Brown on two of them ; but we must postpone our repoit of the particulars of these trials until our next. i Two other cases stand for tiial on this day.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZ18490904.2.6

Bibliographic details

New Zealander, Volume 5, Issue 350, 4 September 1849, Page 3

Word Count
738

SUPREME COURT. Auckland, September 1st, 1849. New Zealander, Volume 5, Issue 350, 4 September 1849, Page 3

SUPREME COURT. Auckland, September 1st, 1849. New Zealander, Volume 5, Issue 350, 4 September 1849, Page 3