SUPREME COURT.-Yesterday.

Auckland Star, Volume XIII, Issue 3559, 5 January 1882, Page 2

SUPREME COURT.-Yesterday.

Cfpiininal Sittings.

(Before Hia Honor Mr Justice Gillies). We conclude our report of the proceedings at the Supreme Court yesterday.

LAKCENY,

Alfred Clune, a youth aged IS, was charged with the larceny of £11 12s the property of Gilbert Dobson, from the house of Elizabeth Harvey. . Prisoner, in a clear voice, pleaded not The'evidence of the prosecutor, and the two 6»ls Hadfield and Harvey, went to show that the prosecutor met the prisoner in the Auckland Hotel, and treated him. Two girls of the town subsequently got into their company, to whose house they went. There appeared to have been two fires in the town during the night, and there was a eood deal of going about and drinking. Dobaon missed his money, and at first accused the girls, but subsequently buspicion fell on Clune. On prisoner being arrested and searched, rmongst the money on him was i crooked threepenny piece which tha prosecutor identified as having been in his possession early in the evening. The jury found the prisoner "Not guilty," and he was discharged.!

THIS DAY.

(His Honor took his seat on the Bench at ten o'clock).

TKUE BILLS,

The Grand Jury found truo bills in tha cases of Frederick Flnmmer, for breaking and entering tho house of George Hazell; of Maurice Heffernan, for indecent assault; of S, Kipley, of Cambridge, for libel. NO BILLS. The Grand Jury ignored the bills in the cases against Frederick Hummer of bicak* my and entering the houses of T ( U, ficn>it and A. 11. Wright, of Symonds-strect MALICIOU3LV WOPKDIHO A HOKSK, Johvi Boirie, a farmer, 33 .yture ot age, was charged with having maliciously wounded a'horsc at Te Aroiia on the Mth November last. Henry Mays, a i*,& «i lo jets.... w^&n first witness culled, Ho deposed tlu»t on the day in question (14th November) he hoard the report of a gun. and that, going in the direction whence tlie sound ap. peared to proceed, he found the prisoner coroinj; away, while the horse yws Btaridiat; by wounded, und rendered laaic by a discharge of ahot, He subsequently heard the prisoner say that he had put a charge of shot into, Welch's horse. When he first saw the prisoner the latter was .".bout 60yds distant irom his house, and in a lino with the horse. Me reported the matter to Mr Mackay. Abol Welch.settler, residing at To .Aroha, gave evidence as to examining the animal and finding shot marks upon it from the shoulder to the hip. Some tirao afterwards he heard the prisoner say that he had put some sliot into it, bat that had he known it belonged to the witness he would not, have done it. Witness sent him a letter demanding compensation for shooting the animal, but got no answer. To Hia Honor : The prisoner said he had shot the horse because it had annoyed him. Detective Farrcll gave evidence as to tho arrest of the prisoner upon his farm at To Aroha, and as to his admission that he had shot the horee for destroying his garden. This was the case. The prisoner then made an extenuatory statement, He asserted that the horse was a straggler, and being half-starved persisted in enteiing his garden, demolishing the fence? and eating up his growing crops. Ho drove it off several times, and then as it still returned he fired at it in order to spare it, but the shot being small had very little effect upon it. If it was lame afterwards it must have I ccn from injuries received in jumping the fence, and not from the shot. He had no malicious intent whatever. The Judge then briefly summed up, and the jury retired to consider their verdict. After a brief consultation they returned into Court with a verdict of " Guilty." They, however, coDsidercd that he bad beea subjected to very great provocation, and, therefore, made a strong recommendation that he should bs leniently dealt with. His Honor, in consideration of tho provocation he bad received and the time ho had already been in gaol, merely ordered him to enter into recognisances to come up for sentence when required. ALLEGED RAPE. Michael O'Connor, a gumdigger, 28 years of age, but very much oldor in appearance, was arraigned upon an indictment charging him with having, on the 19th Nov. last, committed a rape upon a native woman. Te Whaku Kepi, a Maori woman, wrinkled in features and almost- bent double wilh age, was the first witness called. (Interpreted by Mr Brown.) She deposed that she resided near Wairoa, in the Kaipara district. One Friday in November last she visited her daughter, who is the wife of a white Rcttier, and on returning home the following morning she was met by the prisoner, who throw her to tho ground and oom* mitted the assault complained. She identified him two days afterward?, but being weak of sight she could not now perceive him in the Court. Be was a .European of short stature and somewhat youpg. He seized her suddenly from behind ami dropped her upon the ground, when being unable to resist him with any effect ho assaulted her. She thought she was Roing to be killed. A boy came up juat as the prisoner was effecting his purpose, and to his arrival she attributed her salvation. Her back was hurt, and had the boy not come up when he did she would have died. She struggled as well as sue could, besides crying out that she was being murdered by a pakcha. The prisoner, on beiug asked if he desired to question the witness, replied in the negative, adding that he had never, to his knowledge, seen her befoie.

William Charles Darlington, a youth of 17 years, deposed that on the morning of the assault (Nov. 19) he was on horseback carrying some biead for his master (Mr from Aratapu to the gumfield, when he came across tho prisoner and lust witness. The woman was upon the ground struggling toiiso, and the prisoner was upon his knees trying to keep her down. As soon as the prisoner saw witness he got up and went away in the direction of the gumh'cld, while the woman, who was greatly excited, came over to him aud said something in Maori which he could not understand. He rode on nnd caught up to the prisoner. Was quite sure that the man now in the dock was he. The Maori woman went off towards Aratapu. The prisoner appeared to be under the influence of liquor,f or he walked uustcadily. The hoar was six o'clock by the Aratapu time, which was al way s an hour ahead of Auckland time.

lo the Jury : Ho had known the prisoner before that morning. He did not hear the Maori woman scream out, but had she done so before he reached the top of the hill whence he had first seen them he would not have heard her. He gave information of the niTair to Constable Scott. Thomas Lyons, a gumdigger working at Aratapu, deposed that he had been a mate of the prisoner's for two weeks, and that on the night of the 18th of November they had been drinking together at tho Aratapu Hotel. They left for homo at 11 o'clock, and the prisoner, after going some distance, lay down on the ground and went to sleep. Witness went on to tho gumueld, live miles distant. When ho awoke in the morning at 7 o'clock (Auckland time) he found the prisoner in bed asleep and andressod. Ho aroused him and asked whon he got home. The prisoner replied that he iiad arrived at 2 o'clock.

Constable Nixon Scott, of Te Kopuru, detailed the manner in which he had arrested the prisoner. The prisoner at that time denied all knowledge of the assault, and averred lbat ou the night of the 18th of November he had come homo with mate lorn Lyons at 12 o'clock. The prisoner then made a brief statement to tho effect that ho. reached homo at 2 a.m., and slept thence until 7 a.m., un he was aroused by his mate, Lyoni. His Honor, in summinc up, pointed out to the jury that if they deemed the evidence insufficient to sustain the charge of rape, they could still consider whether it sup. ported aud proved an attempt at rape. _.The jury found the prisoner guilty of an attempt to commit rape. His honour deferred sentencs till to-morrow morning, Left Sitting.