SUPREME COURT.

Auckland Times, Volume 3, Issue 112, 4 March 1845, Page 3

SUPREME COURT.

MahCH Ist, 1845. The Criminal Session was opened on Saturday last, when his Honor the Chiel Justiee addressed the grand Jury upon

the subject of an important charge in the mode of prosecution, for which we regret we cannot this week make room; after which JoHN Edwards was indicted for manslaughter, committed on 15th December last, at a place called Nga-H ura-Hura, upon the person of one John Smith. The Attorney General in opening the Case, explained the law concerning homicide, whether considered as murder, manslaughter, or excusable homicide. It appeared from the evidence (hat the prisoner so long ago as two years ago had been assaulted and most cruelly beaten by the deceased and two other men at Kawhia; their meeting on the present occasion iii the house of one Charles Smith, appeared to fie accidental ; but ihe quarrel was renewed, by which party there was no evidence to prove. Mr. Hamilton the Surgeon in attendance, was prevented by the Maories from making any more than a cursory or ex temal examination of the body of the deceased ; and he could oniy depose to the appearance of some bruises on the legs and a fracture on the nose. It was pro balile the deceased died from concussion of *he brain, produced by a fall during the scuffle, for he only survived about twenty four hours, being all the time in an nsensible condition.

Mr. Bartley defended the prisoner with great ability, proving that the deceased was a quarrelsome man, and a professed prizefighter, while the prisoner »vas a man of remarkably mild and amiable dis position, be had refused, when a safe op portnnity had occuned, to take any revenge upon one of his former assailants, stating that •he had forgiven him.' It was als;> proved that the Weapon used was an ordinary Walking stick. The Rev. Mr. Morgan, Mr. Merritt, and other witnesses gave the prisoner an excellent character. The most available part for the prosecution was a let er which the prisoner had written to the Police Magistrate, renentant of the violence he iiad us?d, and offering himself to punishment: The prisoner was almost immediately acquitted, Mr. Mitchell was called up 0 n to prosecute the iVlaerie Chieftain, who stole the screws, but did not aooear,—and the culprit who had been by Mr. Clarke s j;e nerosity set at. liberty upon bail, upon the dep sit of 48 shillings, of course was " noil est." The Attorney Genera! under tluse circumstances gravely assured the Court that no trial could take place, and thus terminated the firs' scene in the Hon. Attorney's own farce, called the " Native E?em<>tion Bill."

J. Clarence, T. NToJands, and Ed Hick : were indicted for burglary, upon the premises of F. A. Gledhill, at Sew Plymouth on the night of the 20th Nov , 1844. The prosecutor proved that he lived and slept upon the premises, and that during his absence on the night in question, between 8 and 10 o'clock, the lock of the premises was forced, and a considerable amount of property, of which the articles now produced were part, stolen therefrom. John Thompson, servant to the above proyed that Nolans and Hick came to his house adjoining the premises of his employers, and bound himself and wife with tarred cord, lest they should iuterfete with tire robbery going ots They promised not. to injure them iV they would be silent, and presented each a brace of pistols to enforce their commands, they subsequently teleased themselves, and gave me alarm, when Mr. R. Brown, and Chief Constable Newlaud, went in putsuit of the thieves, who after gave evideuec of the pursuit and capture of the prisoners in a raupo house upon the beach near Matarua, with the goods in their possession, they were all found guilty, and on Monday morning were sentenced to ten years transportation each. This appears to have been a very fortunate breaking up of a desperate gang of systematical robbers, and the colonists are much indebted to Mr. Brown and Mr, Newland, and all concerned for bringing them to justice. J. N". Darby was indicted for issuing a shilling forged debenture, purporting t» be signed by J, and H. Macfarlane. P. Donovan proved the utterance on December. J. Macfailane proved that ne always signed the notes ot the firm him* sell, the note produced was a forgery t»ever issued a note of that date, J,

Smith, chief constable, went to the prisoner's house to search for forged notes, found a book, which the prisoner said was bis, his name was in the book, the prosecutor's name was written in' the book. John Moore stated that he printed notes for J. and H. Macfarlane, —at that time the prisoner was in his employ, did not believe the, note in question to be genuine. Printed the notes himself, the form was left standing in the office, was absent for a fortnight about the middle of November, and oh returning found that the prisoner Darby had the key, although he had left orders that the key should be taken to his private residence every night. Mr. Mac Enery proved the prisoner's signature in the book found by the chief constable, but could not swear to the apparent writing of '* J. and H. Macfarlane, ' had no doubt the note Was printed in Mr. Mooie's office.

The prisoner called Jane Oliver, who proved that one of Mr. Moore's children brought a blank debenture ot Mi. Macfarlane's for change. Michael Lamb, Mr. Moore's apprentice, remembered the prisoner complaining to him of the circumstance mentioned by the last witness.

Thos. Russell said I recollect a blank debenture of Chishobn's being offered in a shop in the town. The Foreman of the jury was desirous to knowwhat printing-office Mr. Chishobn's debentures were manufactured in ; and much to the amusement of all present, en ]cired of the Hon. Chief Justice, whether he might not examine the prisoner himself, upon the subject. Mr Paluasser gave the prisoner a good character as a steady workman in h s se vice for se\eral mouths. The jury acquitted the prisoner.

We hope to have an opportunity of publishing the Chief Justice's rema ks to the Grand Jury, for, although we nave not at the moment the power of giving them circulation, We consider them of great importance.

Sentence. Yon John Cia-ence, Thomas Nolans, and Edward Hick, have been indicted for having on the 20th day of November last, feloniously broken and entered the dwelling house of Francis Ullathorne Gledhill, and stolen therein certain goods of the said Francis Ullathorne Gledhill. and on that indictment you have been all of you convicted. It has not indeed been proved that any one of you, with his own hands, broke into the dwelling house or carried away the goods ; but it has been proved that you where present at the time and place, when and where, the felony was commit ted—that you were aiding and abetting—acting in concert with, and giving assistance to, those persons who, with tiltir own lianas, committed the crime charged in this indictment. You therefore bear the guilt, and are subject to the punish inent of principal felons. The sentence of the Court is that you John Clarence, Thomas Nolans, and Edward Hick, and each of you be trans-

ported to such place beyond the seas as His Excellency the Governor shall appoint tur the term of ten years.