SUPREME COURT.-THIS DAY.

Auckland Star, Volume XIX, Issue 147, 22 June 1888, Page 4

SUPREME COURT.-THIS DAY.

(13efore His Honor Mr Justice Gillies.) ■■■ CoLtshbaot. -The jury were locked up until 6 p.m. yesterday deliberating on the eh ir"o of conspiracy against David Asher, an cl "then they returned a verdict of "Guilty," with a recommendation to nuircv on account of the loose way in which nativo land transactions were conducted. His Honor deterred sentence till, this morning, when Pine Awanui, who had pleaded "Guilty " on the same charge, was also brought up for sentence. On the accused, David Asher, being asked if he had anything to say why sentence should not; be passed upon him, Mr Hesketh said he deemed it only right to again raise the objection which he had raised at -an earlier stage, and to move in arrest of judgment, owing to the second section of the Vexatious Indictments Act not having been complied with, there not being sufficient consent of the Solicitor-General in the indictment upon which he was arraigned. He asked that sentence should be respited, and that he should be allowed to find sufficient bail to appear when required, pending the decision of the Court of Appeal?— His Honor replied that he had looked into this matter, and was quite satisfied that there was nothing in Mr Hesketh's objection. If he had any doubt upon the subject, he would reserve the question for the Court of Appeal, but as he had no doubt he could not, in justice, accede to the course suggested.— Mr Humphreys then asked for the leniency of the Court on behalf of his client Pine Awanui, who, he submitted, had done the acts of which he had pleaded guilty at the instigation of Asher.—Mr Hesketh asked that Asher should be dealt with under the First Offenders Act, and Mr Humphreys raado a similar application on behalf of his client.—His Honor replied that the First Offenders Act was not ap^plicabje to -a case of this kind. It was hot a single instance of fraud, but seemed to be a series of acts of this kind, and came within the provision which indicates that the Court can establish criminal intent on the part of the accused. As this was.Pine Awanui's first offence, and as he had possibly been misled to some extent by the European, he would make the sentence as light as possible. The crime, however, was a serious one, and could not be overlooked. The sentence of the Court was that Pine Awanui should be imprisoned for six, calendar months with hard labour, and that he should pay to Her Majesty a fine of £250, being the amount unjustly received by, prisoner, and £10 costs of the prosecution ; also that he should be imprisoned :tintil the fine was paid. Referring to David Asher, His Honor said that in any case the offence was a grave one, and still more so as the accused was an officer of the Government. His con fiction was upon the very clearest evidence, and no one could doubt the justice of the verdict. His Honor added that he could only account for the hesitation of the jury in bringing in a verdict of " Guilty" by the eloquent pleading of counsel. He had no iloubt of prisoner's guilt, but taking into consideration that he had hitherto borne a good character, and that this appeared to be a first offence, he would make the sentence a comparatively light one. The sen tence of the Court was that prisoner should be imprisoned for nino months with hard labour, and pay a, fine of £35, being amount unjustly received,and £25 towards expenses of the prosecution; prisoner to be imprisoned till this amount was paid.—Mr Button said that the two parties who had been convicted had instigated the other prisoners and with His Honor's approval the Crown would enter a nolle prosequi in their cases.—His Honor consented, and the other six natives were discharged.—Mr O'Meagher applied for remuneration on their behalf, and His Honor replied that the. Court had no power to deal with the Government as far as that was concerned. This concluded the Ciiminal Sessions of the Court.