SUPREME COURT.

Auckland Star, Volume XXVI, Issue 65, 18 March 1895, Page 4

SUPREME COURT.

SATURDAY.

CRIMINAL SITTINGS.

(Before His Honor Mr Justice Conolly and

jury.)

Alleged Breaking and Entering.—The charge of breaking and entering ab Porb Alberb, againsb the Fijian, Peter Bailey, occupied the whole of Saturday. Mr Tole called rebutting evidence after the witnesses for the defence had been examined. Mr Parr addressed bhe jury on.behalf of the prisoner, but Mr Tole did not reply.-: After His Honor had summed up, the jury retired, and shortly returned with a verdicb of "Nob Guilty."" The prisoner was discharged. The Court adjourned ab five o'clock until ten o'clock this morning. 7 TO-DAY. Alleged Theft op Gum.—'■Paraone Pairama, Walter Welsh and Wireumu Paraone were charged with having on the 19th of February, ab Waipowa, stolen 12cwtof kauri gum, the property of William N. Jarvie. There was also a second count of having received scwt of gum.—Air .7. A. Tole conducted the prosecution.—Prisoners, who were nob re'preeented by counsel, each pleaded not guilty.—William N. Jarvie, storekeeper At Waipowa, deposed that he bought gum, chiefly from Austrians. On the 12th of February last ho purchased aboub one ton of gum from some,Austrians. The gum was subsequently missed, and witness was presenb at the elder prisoner's place when a sack was discovered by digging some newly-moved earth, apd underneath was a quantity of kauri gum. There were open holes on either side of the trench. Ib was ordinary Austrian gum in bhe trench. He could tell the difference between 'gum scraped by Austrians and tbab scraped by Maoris. By one of fche prisoners: If bhe gum was roscraped he could nob swear bo ib.— Bernard McLaughlan deposed to having gone to the Austrain camp toweigh gum for Mr Jarvie. Witness took special notice ofthe gum from Claricb, as be asked for more money. He also noticed one bag of Posas gum. Witness identified a bag produced. On the 20tb, he wenb again to the camp, bub bhe gum had been taken. He caw .sacks wibh the bottoms-cub off. On fche 26th, witness went with Constable McGilp to the Maori slibblemenb. Witness saw bhe gum uncovered in the garden. He found some gum in a whare, which he took tb be Austrian first-class gum. He also found some gum which he took to be Maori first-class. The prisoner was then arrested.—Evidence was also given by Thomas Tagene Mare, who packed the gum, John Beastey, native constable, as to tracing horse tracks from the Austrian camp to the native settlement. Eriewera te Paruho deposed he.was at, the native settlemenb on the 18th and 19th of last February. -He. saw the fchtee prlsrinO-. saddlo their horses on the morning of the 18th. /He did nob.see them again ;thab 'day,*brib heard.bho dogs aboub 2 o'clock n.exb -morning, He gob up and wenb to the other side of the stream, and saw the prisoners' borses. Witness was presenb when the police came to prisoner's place. There were other natives present. Wibness knew tbab before the 18bh of February the prisoner bad gum in bwo places in tbe ground, bub only in small quantities. Witness saw fche gum dug up. ' Theplace had been recently dug, and the gum poured in. In his opinion that was pakeha gum. .By prisoner : He knew it was near two o'clock because the cock had crowed, and it must have been near daylighb. Be was nob aware there was always a quantity of gum ab prisoner's place.

There were still eight witnesses to be examined on behalf on the prosecution when we went to press.