SUPREME COURT – Criminal Sessions.

Auckland Star, Volume XXVI, Issue 76, 8 April 1885, Page 2

SUPREME COURT - Criminal Sessions.

THIS DA*. (fcoforo Hia Honor Mr Justice Gllliea.) Tim quarterly sessions 6i the Stipferna Court for gaol delivery wero opened this morning, His Honor taking his seat upon the Bench at 11 o'clock precisely.

Tho Grand Jury.

The following gentlemen were sworn in as the Grand Jury s— Alfred Buckland, Henry Allright, Richard Cameron, Edward Chainptiiloup, Joseph Friar . Clarke, Frederick Earnest Compton, Benjamin Percy Dawson, Charlton Dowson, John Fairburn, Henry Warner Farrell, George Harper, Gustav Von. der Hoyde, Edwin Hornsby, John Kirkwood, Gabriol Lowis, Edward Lewis, William Lodder, Samuel Luko, David Edward McDonald, and Charloa Alexander. Mr Bnckland was choson foreman.

Tj(k Juiwk'b Chaiujb.— His Honor delivered the following charge to the Grand Jury:—Gentlemen of the Grand Jury. Tho calendar with which you will have to deal on this occasion is not one of unusual length, thoro being only 16 prisoners charged with 19 offences. Nor with tho exception of one or two casoa aro tho oH'onces of a vory serious nature. The moßt serioii3 offenco with which you will have to deal is ono of wilful murder—a cano In which a man is charged with tho wilful mttrdor of hia wife. Tho facts of tho cipo, however, aro so simple that 1 neod not i( li'r to it furthor except to remind you tlmt vou have nothing to do with the state of tho mind of tho prisoner when he committed tho offence. If there is any doubt as to insanity on tho part of tho prisoner or as to his responsibility for his act, that will bo a matter for tho potty jury to deal with, but not for you. Your duty ia simply to fiiid a truo bill if you are satisfied that ho committed the act of murder. There is also a case of attempted murder—a case of shooting—in regard to which you will remember that a man is considered to contemplate the rosultß of the acts with which he is charged, so that if a man fires at another with a loaded piutol, then it ia presumed, in tho absonco of ovidonco to the contrary, that ho fully contemplated tho fact that tho natural result of this act would be tho taking of tho Hfo of tho other. Thoro is also a rather serious caso of unlawfully wounding and stabbing—ono of thoso drunken allrays which occur so often. The facts aro simple. There is a caso of arson— tho setting tiro to a dwelling-house—in which you may havo somo littlo difficulty, as, lilto morecaseß of that nature, thoro is no diroct ovidonoo of the fact. It is altogether circumstantial ovidenco in this caso, but if you havo any doubt on tho prisoner's guilt, your duty as an investigating, rather than a judicial body, is to find a true bill, loaving tho point to bo doalt with by the potty jury. Thero is one case of burglary, and you are awaro that burglary means the commission of a felony in a house between the hours of 9 at night and 6 in the morning. Usually it consists of a breaking into tbo house, but it isoqually burglary to commit a theft or to attempt to commit a theft and then break out of tho house. That act of breaking need bo no moro than tho oponing of a door or a window in ordor to get out. If you find that the person attempted a felony or theft in tho house and then opened a door and got out between the hours of nino at night and nix in tho morning that constitutes burglary. Then thero are two cases of falßO pretences. This offonce, you will romombor, is constituted by tho obtainiug of money or goods on the false pretence of an existing fact— that is to «ay, tho assorting that to bo an existing fact which doos not exist. It is not a falso protenco to mako a promise for tho futuro, or to undertake to do something in tho futuro. It must bo with roforonco to an alleged oxifiting fact which doos not oxisti Tho pretence must also be tho immediate cause of tho giving of the money or goods in ordor to constituto it a crimo. Tho protenco, then, must bo tho pretenco of an oxiiting fact, and tho pretenco must furthor bo the immodiato moving causo of the giving of tho monoy or tho goods. Tho othor caeos aro mostly of tho ordinary common Eort — larceny, horse-stealing, and things of this sort, in rogard to which I nood offer no romnvks, ixx in nono of them is thoro any particular difficulty, and tho facts seem to be simple. If you will now bo good enough to retire to your Chambor, tho bills will bo itt onro plnced boforo you. Tho Grand Jury thon rotirod. Thuk Bills,—Tho Grand Jury found trno bills against Maria Long, larcony ; Tako To Huirama, house-breaking (3 chargos).—Somo delay was caueod to tho Court by tho nonappoaranco of tho Maori prisonor,—His Honor Bovoroly reprimanded the acting-gaolor for tho unnecessary delay. UitKAKiNu and Kntkkinu.— Taka To Huiramu wot arraigned upon an indictment charging him with breaking nnd entering the dwollinghouso of William Whitehead, of Oruaiti, Mongonui, on tho 18th January, and atoaling therefrom ono gold ring, clothing, &c. — Prteoher pleaded not guilty.—Mr G. Brown actod as interpreter. Mr Hudson William-nnn|-ulicitor for tho Crown, opened the cano for^tho (prosecution : —William Whitehead dnposod that ho was a eottlor and living four milos from Moncanni. On the 18l.li of January, hia family all wont out, leaving tho house proporly secured. Returned home on tho Monday and found ono of tho wfndows broken and a Bcrow taken out. Examined tho roome, and found a box in. tho

bedroom broken open, and all the things turned out. Missod a gold ring and waistcoat (produced). — Edward Yvhltohead, son of tho preceding witness, corroborated.—Robert Morrow Houston deposed that ho kopt a store at Mongonui. Knew Mr Whitehoad. On the lflth of Fobruary ho was on the Oruniti River, noar his houfe. His. son called Hi attention to a bag lyinjj on the vcrunduh of a storo cloeo by the river nt a distance of 10 foot. Tho storo was unoccupied. Ho inspected tho flour bag, and found in it several articles of clothing, and a pair of boots. Recognised tho boots as belonging to the prisonor, whom he had known some time. He took the bag and if a contents to tho police-station, where the bag was cpenod in tho (presence of Constable Moar. Among its contents we're some of the stolon good?, and a letter addressed to the prisoner.—Alexander Henderson, bootmaker of Mongonui, deposed to knowing tho prisonor and making the shoes (produced) to prisoner's order. On tho 6th February, he saw prisoner with tho bag in his hur.d —Constable Moar a'si gave evidence — After prisoner had addrosaod tho jury, His Honor summed up, pointing out that the evidence was very slight.—Tho jury found a verdict of 11 Not Guilty."