SUPREME COURT.

Auckland Star, Volume V, Issue 1378, 10 July 1874, Page 2

SUPREME COURT.

Before his Honor Sir G. A. Arney, Kt., Chief Justice,

Yestjsrd ay.—Continued. The jury having considered the evidence with great care, Vhich occupied them from three till nearly five o'clock, found the prisoners guilty of manslaughter,, addim? as a rider in accordance with the suggestion of Mr Brookfield, " That in the opinion of the jury most stringent measures should be taken for the suppression of so many houses ot illrepute, which are a scandal and a nuisance to the peaceful inhabitants of the city.' His Honor in passing sentence said it was to be deplored that young men like the prisoners, iuat entering life, should have manifested a disposition to habits which led to such tragic ends, thus placing their lives in jeopardy of forfeiture as the penalty for an act of murder Ho warned them in an affecting manner to pursue a better course of life on regaining their liberty. Pascoe was sentenced to five years, and Dobbins to four years penal servitude.

THIS DAY. His Honor took his seat at ten o cloak.

THE THAMES PER JURY CASK. John Maher was arraigned upon'an indictment charging him with having committed perjury in the case HirkvDavies, in the Resident Magistrate's Court, at Shortland, before W. Fraser, Esq., on the 12th day of June of the present year. The prisoner pleaded not guilty. ~.-.-..., Mr Brookfield prosecuted on the part of the\ Crown; Mr Rees appeared for the defence. Mr Brookfield opened the case. William Fraser, Resident Magistrate for the district of Hauraki, deposed: Idecided -the 12th of-June in the. ca*.olTHlrk.-V Davies for the recovery of £5 15s, balance of the price of the cow. The question at issue Was whether or not this hnUnoo has been paid. The prisoner Maher wad a sworn witDess on behalf of defendant, and as such witness he gave evidence that he never received the £5 15<J, the balance of the cows, from the defendant, or any other sum at any other time. He repeated that statement, and swore thathe did not there, or at. any subeequent period, receive any money from Davies. I heard other evidence at the same time. To Mr Rees : I heard evidence from two milkmen of the Thames, and two little girls, daughters of Davies, who deposed that they saw their father pay money to Maher, which he took out of a drawer. Davies deposed that he paid the amount to Maher in a five pound note, and six half-crowns, but he got no receipt from Maher for the money. Ha did not trouble about it knowing that Maher could not write, He ordered Maher into custody on the eyidence produced. William Davies, dairyman, Shortland, deposed that he was defendant in Une case Kirk v. Davies. The prisoner Maher was then examined, and I heard him depose that I had not paid him the balance for the cow which I bought of Hirk, for which I paid a deposit of a pound. The cow was delivered on that day, May 18th, by Maher, through whose agency the bargain was made I paid him the money. I told him-to see that it was a five pound note that I had given him; he said it was right. I did not take a receipt of Maher. I was very busy at the time.

Charles Thaxter, another milkman, deposed:" On the 18th May I was a witness to an arrangement between the parties in this case about the cow. I sawMaher on the 20th, and told him that he must take the money back to Davis and fetch away the cow, as she was not up to the mark. He said Davis had bought the cow and paid for her and he should keep the money. I saw Maher again on the 24th of May, and he made a similar statement. ■

To Mr Rees: I don't remember ever having a dispute with Maher about money matters. We are not altogether rival milkmen. We have our distinct walks in distinct localities.

Thomas Brown, a milkman of Tararu, stated : I met Maher on the 24th, when he told me* that he had sold the cow to a chap up the Kar&ka, named Davies, a milkman, and that he had got £6 15s for her, I expressed surprise at this, and asked what he told. Davies she yielded a day: he said five or six quarts. Maher afterwards shewed mea lawyer's letter about the money. I said, Did you let the beast go without the money ? when he said, Do you think I »m a fool! I Baid, Johnny, the lawyers will have as bad an opinion of you, by-and-bye,: as the mikmen have, and you will be a digrace to: the .profession.

This was the case for the prosecution. Mr Reas having briefly addressed the jury called the witnesses for the defence. " William Hirk was sworn, and said : I gave the receipt for£l (produced) to Davies in the presence of my brother, Davies saying at the same time that he would pay the money in a few day?. I am sure of this. To Mr Frookfield : Prisoner is my brother-in-law, Richaird Hirk, brother of the preceding witness^ gave corroborative evidence. Mr Rees then addressed the jury for the defence. .

His Honor then summed up the evidence.