CANTERBURY.

Press, Volume II, Issue 43, 8 March 1862, Page 5

CANTERBURY.

SUPREME COURT.

The sitting for the despatch of criminal business was held on Saturday last, before Mr. Justice Greason. The calendar contained six cases; viz. : highway robbery, attempted rape, horse-stealing and larceny, maliciously wounding mares, and a case of dog-stealing. The following gentlemen having been sworn as the Grand Jury, I. T. Cookson, G. Clarke, If. J. Cridland, A. V. Croft, C. Davie, H. deßourbelL E. Dobson, G. 1). Draper, J. i- » li (J " Fyfe ' a Gou H <- : - H. Greenstreet, 8. Gundry. lv A Hargreaves, R. J. IS. Harman. Tkos. Hassall, Alfred lornbrook, h, C. Latter, G. D. Lockhart, and G. Miles, Jvsqs.. elected Isaac Thomas Cookson, Esq., as foreman. Mia Honor addressed the following CHARGE TO THE GRAND JURY. •Mr. foreman and Gentlemen of the Grand .Fury — •' The calendar is not very heavy. Tho most serious chaive. appearing m !t is one of mpe-a crime of rare occurrence m this province ; one upon which, nevertheless, I do not apprehend that you wdl require any direction from mc. "Next in gravity, gentlemen, is a charge of robbery ; which I need hardly tell you, consists in the felonious and forcible taking property from another, against his will, by violence or intimidation. This is also a crime of very rare occurrence iv this province, but oue which may be expected to increase with the rapid increase of population. "There is a charge of maiming or wounding cattle, upon which it is only necessary for mc to observe that, although the crime is not made out unless tho maiming or wounding have been done me<liri<> *w/'//, yet if the shootiiu/or other act Which caused the wound be- proved to have been done wilfullt), that is, intentionally and not by mischance, matkc may be inferred ; and to constitute malice it is not necessary that there should be animosity or ill-will in the mind of the prisoner against the owner of the property injured. "The didi'i-enee between mmmiinj aud wuuufliiiq is, that the former must be a imminent injury, which wounding need not be, witiiing the meaning of tho statute. " There is also a case of horse-stealing to come before you, and one of simple larceny, but upon these it is unnecessary f«ume to offer any observation. "Gentlemen, you are aware that a sum has been voted by the Provincial Council for the building of a Lunatic Asyltun, and that a section of land has been selected and purchased ns a site. We may hope therefore that ero long we shall have the satisfaction not only of separating our prisoners from the lunatics, but also of supplying to the latter such treatment as may be most conducive to their comfort and recovery. "However, gentlemen, a Lunatic Asylum is not the only public building required in the province ; I think you will agree, with mo that tho time has arrived for tho erection of a Court-house. The building in which we are assembled is not only deficient in accommodation for the purpose for which it is now being used, but is also required almost daily for some oue or more of the various uses to which it is applied by the trustees. The occupation of it as a Court-house during the session is, I believe, not unfrequently attended with inconeonvenienee both to the public and to individuals. Tho frequent shifting of tho furniture and fittings is so troublesome, that I am obliged, in the intervals between the Circuit Sessions, to hold my Court sittings in Chamber, which ia thus used in a manner calculated to cause confusion in the public mind, and practically to debar the public from that ready access to the Court at all times during its sittings which every member of the community ought to have, ' y *" r "The proceedings of the Supreme Court, when properly conducted, aro in themselves a mo3fc useful process in the education of the public mind. It is therefore both impolitic and prejudicial to the public interests, to withhold from the Supreme Court—longer than is necessary-such buildings and other appliances as are siutablo to the administration of tin: law; of tho supremacy and dignity of which every rightminded Englishman is justly proud. ".Surely ifc cannot be contended, in the present highly prosperous state of the public finances, that the country is unable to afford a building for the exclusive purpose of the administration of the law. "Gentlemen, I gladly avail myself of this opportunity to pay a tribute to the merits of a meritorious public servant, who has lately resigned the office of Warden of the Gaol at Lyttelton. Mr. Reston baa held that office for about seven years, during which period be discharged it* varied and difficult duties with singular fidelity and judgment. Ho contrived, by the maintenance of strict discipline, combined with uniform kindness and impartiality, to acquire the respect and regard, not only of tho authorities, but also of those committed to his custody, by many of whom, I believe, he is regarded as a friend and benefactor." The grand jury returned true bills in the cases of Handley and M 'Dennonfc for highway robbery, and against Thomas Evcnden for shooting horses. In the matter of William Simpson, for horse stealing, tho jury returned no bill; ou the second charge of larceny, owing to the non-arrival of prosecutor and witnesacss by which their recognizances were forfeited, the prisoner was discharged. In the case of Vernou >\ M'Alpine, the prosecutrix did not appear; the Provincial Solicitor therefore applied that the sureties of the accused should renew his bail in the same amoimts as before, for hi* • appearance if called upon, at the next session of the Court. In the dog-stealing case, the jury threw out the bill; Browne was therefore discharged, upon imdortaking to deliver up the dog when claimed by the rightfid owner. Tho grand jury were then introduced, and the Clerk of the Court read the following presentment in reply to the Judges charge. "Grand Jury Room, Ist March. 1802. "Tho grand jury have heard with pleasure your Honor's address. "It is a matter of congratulation to the grand jury todlnd that the Government have at length taken steps to carry out the oft-repeated suggestions of your Honor aud the grand jury for the erection of a Lunatic Asylum. "The grand jury fully concur with your Honor's remarks respecting the present accommodation for the sittings of the Supreme Court, and also of the necessity existing for a suitable Court-house, and present that the Government should withont delay initiate a movement for that object I. T. Cookson, Chairman." A common jury was then sworn for the trial of HandW anil M'Demiont. for high way,, robbery with violence, on the night of the 28th December last; the Provincial Solicitor prosecuting, Mr. Travera appearing for the prisoner Handley. This case, from its unusual character—it being the third only we believe of this description which has occurred in this province,—seemed to excite extraordinary interest, the Court being crowded with spectators in every available part -duriii" the greater part of the day, the trial occupying several honrrC The facta, as detailed in this paper a few weeks since, were in all material respects borne out by* tbe evidence, and scarcely need repetition here. From the prosecutor's own statement, it was clearly shown that, in addition to his being so intoxicated as not very clearly to remember hia own proceedings the night was so dark that "he could not see his hand before

him, and he could not distinguish whether Handley and M'Dermont garrotted and robbed him, or any other men ; his chief reason for belie ving they were the parties being that they followed him from the 'Fleece.' His Honor, at this point, asked the Provincial Solicitor if he thought he could proceed with the case; Mr. Duncan replied in the affirmative. The other evidence for the prosecution, beyond the fact that Brown and the two prisoners were drinking at the ' Fleece,' .lid not tend in a legal sense to fix the crime upon them Mr. Travers in his defence, for Handley, remarked upon the many discrepancies and weak points in the evidence, and relied especially on the fact that though the prosecutor was clearly shown to be so intoxicated as to be refused more drink by the barman of the ' Fleece,' and though the mght was so dark, as he described it, that he could not see his "own hand before him," he undertook to say positively that the men at the bar were the persons who robbed him, they being at the time behind him. The witnesses for the defence gave evidence, if possible, more contradictory than those for the prosecution : indeed, the main fact elicited by both sides appeared to be that beyond doubt the men wera drinking together at the ♦Fleece,' but in what order they left, and their proceedings afterwards, seemed an inextricable mystery. One witness deposed to the appearance of M'Dermont in a particular place at seven o'clock m the evening; most of tbe others describing the time as varying from nine to eleven o'clock. The Provincial Solicitor, in his reply, argued, that, admitting the discrepancies alluded to by Mr. Travers, he woidd ask the jury how was it that the prisoner M'Dermont, who a very short time previously to his appearance at tbe IPhite Hart had borrowed ten shillings from Brown on the plea of being "hard up," should 1)3 found by the police-sergeant with between £2 and £3 in notes and silver in his possession ? He reminded the jury that the waut of continuity in the evidence might easily arise from the obvious fact that two men planning such a robbery as that for which they were trying the prisoners, would, ou the instant of its completion, at once separate so as to baffie pursuit. His Honor in summing up dwelt upon the fact that tbe main point, the identity of the prisoners, evidently rested upon the evidence of the prosecutor Brown ; if they were satisfied that he was in a state to be able to recognise the parties who robbed, they would give a verdict accordingly ; it was for them to say whether the evidence, with all its doubtful points, satisfied them that the robbery was committed by the prisoners, or even by one of them. The jury, who retired for a few minutes, returned a verdict of "Not guilty." In the course of the above trial a rather important point in practice was mooted, as to the admissibility of the evidence contained in depositions taken before Resident Magistrates : the act requiring that the deposition of each witness should be signed by the magistrate in the form set forth in the act. His Honor decided that the objection taken by Mr. Travers was a good ono, as all tho depositions, with one exception, had tho magistrate's initials oidy appended. The case in point related to the evidence given in this case at the Resident Magistrate's Court in December last, by the barman of the AI hotel, who had died in the interval. Thomas Evendeu, advised by Mr. Slater, pleaded guilty to the charge of maliciously shooting mares' belonging to Mr. Felton, of Kaiapoi. The prisoner said he wished to make a statement to the Judge, explaining the circumstances which led him to commit the act. He said that, having leased a fifty-acre section, which he was fencing in, on several occasions he had tho mortification of finding several days work completely destroyed by Felton's horses. On a particular occasion, as he was going out to shoot some ducks, being armed with a loaded gun, he saw the two horses rubbing themselves against his newly erected fence, and destroying it ; thinking of only frightening them, in a moment of passion, he fired the contents of his gun at them, and wounded them. He was willing to pay any ioss the owner had sustained, and with much emotion, hoped the Court woidd take such a view • •f the provocation lie had received by the loss aud hindrance he had sustained, as would lead to a mitigation of bis punishment. Mr. Slater called Mr. Harman to speak to Evendon's character; that gentleman stated that he had know Evenden nearly six years, having come to the settlement in the same vessel with him, and that he had been employed by himself and somo friends during that time, and they had every reason to ha satisfied with his good conduct and general character. His Honor, in passing sentence, said, as he was able to certify all that had been stated by Mr. Harman in his favour, no one could regret more than he did seeing the piisonor in his present position ; the dangerous character of his crime, however, forbid that he should allow his private feelings to interfere with the duty he was bound to perform. He would therefore sentence the prisoner to six months imprisonment with hard labour. With respect to wdiat the prisoner had said about the stain on his character, the best advice he could give him was, that he should so behave himself, by submission to the authority that would be placed over him, as might possibly lead to a further mitigation of his punishment. The prisoner, who seemed completely prostrated by his position said "such shall be my duty." The court then adjourned to Monday, the 10th inst., when two civil case 3 will ba tried by special juries , Douglas v Burke and another, and Ross v Duppa, CAKTEnuTRY VOLUNTEERS. On Wednesday last, the usual target practice was held at Papanui. The weather was very favourable, but at sunset tho sun wa3 behind the target, which rendered good shooting dUueult. The number of membars present was 21. 10 rounds per uiiu were tired at 100, 200, and 300 yards; the following id the result, which shows rather a falling off from last week's practice. This may partly be accounted for, by the fact of some ot the men being newly joined membtrs who have not pi-.ieti.jed for a considerable time, and who were unacquainted with tl:-- 1 ! ivuige of their rifles, ,-lt 100 yards, the«_pei>centage of points to shots was 113, with 8 bulls-eyes, At 200 yards, d 4 per cent, and at SOD yards 37 per cent. The same difficulty in seeing the target at 300 yards, owing to the lateness of the hour, was again experienced. Surely if the member lw desirous of practising for the prizes they might contrive to commence shooting half an hour earlier, and not waste powder by shooting in the dark. At a committee meeting of gentlemen favorable to the volunteer movement which was held at the Town Hal!, on Wednesday last; present— W. T. L. Travers, 11. J. a Harman, J. Hall (in thi» Chair), it was resolved,— That each member of the Committee do endeavor to obtain as many honorary numbers of the Volunteers Corps as possible, such honorary members subscribing not less than £1 per annum to the funds of the corps. The expediency of making application to the Provincial Government for further assistance to the volunteer movement, and the means of forming a band were discussed, but no resolution come to. The meeting adjourned to Tuesday, the 11th, at seven p.m. Cnnisrcuußcu Companies.—On Thursday owning last, pursuant to advertisement, the newly enrolled members of the .loove companies met in the Town Hall, for the purpose of nominating officers to command the newdy enrolled vomp.-i.iu*>*. John Hall, Esq., R.M., being voted to the Chair, read the advertisement convening ilia ui_otL:g, and in a few remarks intimated that though unacquainted with the particular order!

in which the business should be brought before a meeting of volunteers, he would first call upon those who intended to enrol themselves to step forward and be sworn in : not more than two or three accepted the invitation. The Chairman then stated that the niunber already enrolled was forty-two, and the first matter for them to decide was whether they would form themselves into one or two companies. Mr. Wilkinson moved, and Mr. Stansell seconded,— "That, for tks present, only one company be formed in the Christchurch district." Mr. Wvlde as an amendment proposed, "That two companies be formed. He thought it extremely absurd to suppose that in the?ckief city of the province only sufficient men would come forward to form one company. Thinking it would be a means of testing the feeling of the Christchurch men on the subject, he would propose that two companies be formed. Mr. Luck, who seconded the amendment, said he would not allude to the causes of the failure of the first movement, but made some observations at great length, to the effect that he thought it would be a disgrace to Christchurch if only one company were brought together. The Chairman called for a show of hands for the original resolution and amendment in succession ; and the amendment was carried by 25 to 4. After a few words from Messrs. Travers, Harston, and Soulsby, the Chairmain called upon those who wished to join No. 1 company to come forward and have their names entered: twenty-three entered for No. 1, and twelve for No. 2 company. Messrs. Wylde and Wilkinson spoke in favor of deferring the motion ; and after a few words from ?dr. Barnes in favor, No. 1 company then proceeded to elect their ollicers. Mr. Wilkinson said he should have been happy to have proposed Mr. Guiana, the former captain of the company, but that lie supposed the duties of his new appointment, as Sub-Inspector of Police, would interfere with Ins duties as an officer of volunteers. Some discussion ensued : when Mr. Ballard explained that be was in a position to state that the recent appointment of Mr. Guinness would not interfere with his position as au officer of volunteers. Mr. Guinness being called upon, stated that, on his appointment, be bad consulted the Superintendent on the matter now under discussion, and that his Honor thought it was rather desirable than otherwise that he should hold the two offices. This statement was warmly received by the meeting, and no other candidate being proposed, the Chairman called for a show of hands, when Mr. Guinness was almost unanimously elected. The Chairman called for the names of gentlemen to be nominated to the post of lieutenant: the names of Messrs. De Troy, Tippetts, and Ballard, were successively proposed and seconded ; after which the members of the company proceeded to ballot, the choice falling upon Mr. J. F. Ballard; a result which seemed to give general satisfaction. Mr. Tippetts was nominated as ensign, and elected. The Chairman then called upon No. 2 company to nominate their officers. Mr. Willmer proposed that, considering the few members at present belonging to the company, it was not advisable to proceed with the nomination. He thought if it were postponed it would give an opportunity for the present members, by canvass or otherwise, to increase their numbers ; be would therefore propose that the matter be postponed till that day month. Mr. Wylde thought that an adjournment to the following day fortnight would be sufficient, an opinion in which Mr. Harston coincided. The. original proposal and amendment were put, and the amendment was carried. On the motion of Mr. Traveus a vote of thanks was passed to the Chairman for his conduct in the Chair, and the meeting dispersed. municipal council. The first meeting of the Christchurch Municipal Council was held on Monday evening last, in the large room at the Court House, generally used as the Judge's Chambers. As the meeting was not open to the public, we are unable to give more than a brief abstract of the business transacted. We understand however that the proceedings were not of an important character, and referred chiefly to the preliminary arrangements for bringing the Ordinance into active operation. Mr. John Hall was unanimously elected the first Chairman of the Municipal Council. It was decided that the Council should avail itsolf of the facilities which the courtesy of the Judge had afforded to it, for holding the meetings in the room used as the Judge's chamber ; also, that as a general rule its meetings should be held on Monday evenings. A committee was appointed to prepare bye-laws for the regulation of the proceedings of the Council; it was also resolved that for the present, and until further regulations for the government of the business of the Council, its sittings should not be open to the public, or to reporters, but that the latter should be allowed to take copies of the records of its proceedings. It was agreed that for the proper working of tbe Municipal system the following staff would be ultimately required ; namely, a Clerk, Accountant, Treasurer, Legal Adviser, Collector of ratoi, Inspector of nuisances, consulting Engineer, and Clerk of the works. We believe that only such officers will be appointed at first as are actually indispensable. With regard to the Clerk and Accountant, the Council directed advertisements to be issued inviting applications from persons willing to undertake the office—Finally a deputation was appointed to ascertain the intentions of the Provincial Government with regard to tho payment of the £3000, voted for the use of the Town of Christchurch; to the works within the Town for which specific rates have been granted by the Provincial Council; to the reserves of all classes proposed to be made over to the Muncipality ; to the disposal of the money yet to be paid on the Christchurch Town Reserves, and several other matters affecting the welfare of the town. It is to be hoped that satisfactory replies, at any rate, on most of the above subjects may be received ; we. do not see how the Municipal Council can commence the work deputed to it, until it is furnished with the sinews of war set apart for the purpose by the Provincial Council. Cricket. — We have been requested to state that the return match between eleven of the Union and College Clubs acainst the second eleven of the Albion, is postponed from Monday la3t, in consequence of the unsettled state of the weather, until Monday next, at Hagley Park.