SUPREME COURT. CRIMINAL SESSIONS. June 1st, 1855.

Daily Southern Cross, Volume XII, Issue 828, 5 June 1855, Page 3

SUPREME CO URT. CRIMINAL SESSIONS. June Ist, 1855.

Before his Honor the Chief Justice. Grand Jury : — Foreman — Archibald Clark, Esq. J. Thomap Boylan, J. C. Blackett, It. Ridings, Jas. Burtt, W. Brod'ie, J. L. Campbell, Jas. Farmer, T. S. Forsaith, James Macky, Joseph I^evynian, Geo. M.

Nivon, John Silnion, John Williamson, Hy. Matson, Eaqis. William John Fnhbuin, S umu-1 Jo'm E.lmoncK and Thos. ILukfoul, Pout Jurors, wvie each {mcd £) ior noil- attendance. Ti uo bills, ha\ ing hemi found against E<h\ aid Augustus Hamilton, for mwlemeanoi, m having made a false declaration under ilio Mairiago' Act. Joseph Flatt, laiccny. William Williams, assault. Wiiemu Oii, hoise stealing. William Jiimieson, larcny. Thomas ltyan and Philip Coutanth, laiccny. The Grand Jury was discharged.

Edward Augustus Hamilton, charged wilh misdemeanour, in having made a false dcclaiation to the registrar of marriages, for the pin pose of obtaining a certificate from that officer, for the pin pose of enabling him to marry Elizabeth, the daughter of Robert Hunt, she being a minor. The piisoner pleaded, not guilty Mr. Merriman appealed for the prosecution, and Mr. Dry for the defence. John 13. Bennett sworn, said, I am registrar of marriage! under the Marriage Act. On the 9th of May, a man, whom I believe to be the defendant, came to my office for the purpose of procuring a mariiage certificate ; after some preliminary questions, he left to enquire whether he could be married at the Independent Chapel, High-street ; he returned and said, that the Rev. Mr. McDonald was out of town, and he would be married at the Independent Chapel, Albert-street. I a«ked him the age of Elizabeth Hunt, the person to whom he wished to be married ; he replied, about 18 or 18 and a half years. I told him that it would be necessary to obtain the consent of her father or other person authorised by law, and gave him a paper containing the requirements of the Marriage Act, he then left the office, and returned in about half-an-hour, or an hour, with another man ; I do not think I should know that man again ; he then stated he had received information which satisfied him that the girl was of full age ; the man said, he had known the girl from her infancy, and he believed her to be 22 years of age. I told Hamilton to be satisfied, as the risk of making the declaration laid on him ; he hesitated whether he should declare the age to be 22 years ; he ultimately decided on 2l£ years. He then made a second declaration, as required by the act, and I then issued a certificate in the usual way ; the declaration was made for the purpose of obtaining the marriage certificate. Cross-examined by Mr. Dry :— I have no doubt the prisoner is the man who made the declaration ; I could not swear to him, I only swear as to my belief ; it is the hand-writing of the man who came to my offica ; I am rather short-sighted, and a great many came in i and out about that time, I took no particular notice of i any Of them. The prisoner came three times. Ido not recollect the prisoner flaying that he had received information from the girl herself that she was 21 5 years old. Cross-examined by Mr. Merriman :— I hays no doubt the prisoner is the man who came to my office. Robert Hunt, sworn:— l am a licensed victualler icsiding near Auckland ; I have known the defendant about twelve months ; I had a conversation with him about my daughter Elizabeth ; he asked me il I would give tho girl in marriage to him ; I refused, stating as one of my reasons that she was too young, I told him that she was only about 16 years old ; I had another daughter who is hvcly dead ; her name was Susan, she was married to Wra, Watt, the mate of the prisoner ; he must have " been aware that Mrs. Waft was the elder, as I told him that Elizabeth was the younger of tiie two ; he lived in the same house with Mrs. Watt till she died, on tho Gth of December last ; I have had no conversation with him since on the same subject. Elizabeth was 17 years old on the 19th of last April, lam quite certain that about twelve month* ago I told him my daughter was only 16 years old. Cross-examined by Mr. Dry :— I have known Hamilton about twelve months. I hare lived at the Halfway House about foui teen months. I knew him before I vent thore, as the mate of Watt ; Ido not know that he ever slept at my house in Auckland ; he did not to my knowledge; I never saw any presents which the priioner gave to my daughter ; I saw a brooch worn by my daughter, she told me she bought it. I never knew him to make any presents. Mr. Merriman objected to the line of cross -examination, . His Honor did not like to interfere, as he thought the questions were to test the credibility of the witness. Cross-examination continued :— My daughter Susan was about 16£ years old when she Ma* mauled. On the 9 111 of May my daughter Elizabeth went out, with two children, about 9 o'clock ; I did not ask Hamilton to do any thing for me in town that morning. Cross-examined by Mr. Merriman :— lt wa* about twelve months ago when I first knew the prisoner. My daughter Elizabeth was born on the 19th of April, 1838 ; she was 17 years old on the 19th of April last ; I am quite confident I gave as one reason that my daughter was only 16 years old: that was twelve months ago. Catherine Hunt, sworn,— l am the wife of the last witness ; I was laarried to him on the 19th of February, 1841, at Hokianga ; I did not know Elizabeth Hunt before my marriage ; she was residing at Hokianga with a neighbour, she was then between two and three years old ; I speak from her appearance as a child ; I know the defendant ; I ha/c had a conversation with him respecting his marrying Elizabeth Hunt; I said we could not spare her, and that she was too young to think of marrying yet; this was some time ago, since I have lived at the'llalf-way House ; the prisoner must have heard me, as he was alongside of me at the time ; Elizabeth appeals now to bo about 17 years old ; I cannot say whether any one would suppose her to be 21 years old. Cross-examined by Mr. Dry :— I spoke to Elizabeth Hunt since I was before the mngistrAte ; I do not know of Hamilton giving her a brooch ; I never told him to go on, as he would get the father's consent ; there are no presents in my house which were given by the prisonar ; I would not allow presents to be taken if I I had known it. ! Mr. Dry objected that there was not evidence to ! prove the father's first marriage, and none as to the second marriage, except tht declaration of the man himself, and his wife that they were mariied ; they ought to have evidence of tho marriages, and then they ought to have proof that the person was the daughter of the prosecutor. Mr. Merriman said it had nothing to do with the case. His Honor having summed up, The Jury retired, and after an abience of about ten minutes, returned a verdict of guilty.

Joseph Flatt, a boy of about 13 years of age, was charged with stealing five watches, the property of Michael Wood. Prisoner pleaded guilty.

! William Williams charged with assaulting one [ John Carty. ! Prisoner pleaded, not guilty. j John Carty sworn, said, I live in High-street, Auck- ! land ; lam a labourer ; I law th« prisoner on Monday last, he came to my door while me and my wife, and Francis Queenan and his wife, were sitting at tea ; he said nothing ; my wife told him to go away ; she told him the second time, but he did not go, she stood up to shut the door and push him away, and he pulled her down and kicked her ; she cried out murder ; I ran to her assistance, I got a blow on the head which knocked Ime down ; the prisoner struck the blow ; I do not know what I was struck with : it was in the dark, and I could not see ; Francis Queenan and his wife were in the room, and he ran to my assistance, when the prisoner went further off. Mr. Bennett then came and brought a light ; there was no other person near enough to strike mo, excepting the prisoner. The prisoner said he was a Spaniard, and could not speak much English. Cross-examined by the prisoner :— I saw a bill-hook in your hand : the prisoner said, I took it from you, you was drunk. Cross-examined by the Court : — I could not say I was sober, as I had had a glass ; it was dark ; I can lay positively that I got the blow from the prisoner, I hate no doubt about that, not the least. Cross-examined by a Juror, lam suie I was not going to kill my wife with the bill-hook. Francis Ciuesnen sworn, I live on Week's Island ; I am a labourer employed by Mr. Farmer, I saw the prisoner on Monday night in Mr. Bennetts house in Auckland, the last witness was in the same" house, I was in j the same room with him. I asked the prisoner for my j dinner as I thought he was a servant in the house, he got my dinner, it mfcht be two hourfc after dark, he brought my dinner and left the room, about half an hour after J saw him in Carty' s apartment, Carty and his wife, and me and my wife were present, I asked for a cup of coffee, the prisoner brought it, he did not leave the room, Mrs. Carty ordered him to quit the room, he told Mrs. Carty that he was doing nothing out of the way, and that as I was a lodger in the house it was part of his duty to wait upon me, she insisted on his leaving and pushed him out, I did not see the prisoner strike the woman or Carty, Carty sung out he was going to be murdered, I saw no one meddling with him at the time, I saw Carty bleeding from the side of his head, he had not the marks when he sat at tea, there was no other person present who could have struck him, it might have been done by a fall, neither Carty or me were sober at the time.

Ci 058- examined by the Piisoner, I saw Mrs. Carty seize you by the breast and sh»ve you out of doors, I saw no bill- hook in your hand, you had a piece of wood which you said was for your protection and which you would only give to the master of tlu house, I know the woman struck you, I do not think the case would have occurred had Sirs. Carty been sober. Cross-examined by the Court, I do not think any of us weie sobcigat the time, I found out the prisoner had something ii/his hand by putting my hands behind his ( back and feeling it, it was a piece ot wood like a billhook or hammer handle. By a Juror, I did not tell the prisoner to leave the room. ! Robert Bennett sworn, I keep a registry office, the prisoner was a seaman belongins to the 'Euphrates,' I recollect Carty and Queenan being at my house with their wives on Monday last, they were in a back apartment, I heard a disturbance, I was in bod, I got a light and went to the scene of action, when I got there I saw Carty's wife tlirowing brickbats at the prisoner, who was standing in the middle of the kitchen he had a billhook in his hand, that is the same which is now produced. I asked him what he was going to do with the bill -hook, he said Mrs. Carty was going to take his life, I took the bill-hook away, the prisoner appeared to be perfectly sober, the others were all in a beastly state of intoxication, both men and women. Cross-examined by the Court, lie said he had taken j the bill-hook from Mrs. Carty as she was going to take his life with it. William Da\ics sworn, said, I am Provincial Surgeon, I saw the witness Carty on Tuesday morning about 1 o'clock, he had a wound in the side of his head about 3 inches in length, a portion of the blow appeared to have been inflicted by a partly blunt and partly sharp instrument, such an instrument as the bill-hook now produced would have inflicted such a blow, the wound was not a deep one, it would not have taken much violence to have given such a wound. Cross-examined by the Court, The edge of anything would have produced such a woudd by falling on it. Thomas Powly sworn, I am a Sergeant in the Armed Police, at Auckland, I know the prisoner, I saw him last Monday at Bennetts Eating House, in High-street, I went then to apprehend the prisoner for an assault on John Carty, on the doctor (Stratford) stating that Carty was in a dangerous state, the prisoner said he had kicked Carty on the head with his boot, I saw blood in Bennetts kitchen. Cross-examined by the Prisoner, You was sober when I apprehended you. By a Juror, When I went into the room both men and women were all drunk. The Prisoner in his defence said that — Carty and his wife attacked him/and that Carty had thejbill-hook, and in taking it away from him his boot hit Carty's head, he took the bill-hook from him as he was afraid that he would take his life. His Honor in [summing up called attention to the character of the evidence that had been given. The Jury immediately returned a verdict of—" Not Guilty."

Wiremu Ori, an aboriginal native, wsi charged %yith steali»g a gelding, the property of Henry Hardington. John White having been t-vrorn as Interperter, the indictment was read to the prisoner who pleaded Not Guilty. Henry Hardington sworn, I am the proprietor of the Exchange Hotel, Auckland, I have a paddock on the Epsom Road, on Tuesday, the 17th of April I visited that paddock, I had horses in the paddock, I saw them last on Monday, the 16th, I had three horses there at that time, the horses were gone, there were two bay and one 'chesnut gelding, I saw some Maorie* leading the chesnut horse down Shortland-street on Wednesday, about 12 o'clock, the two natives now present were leading the horse down the street, it was my horse, the gate was fastened with a chain, the horse was worth about £20. Tauriki, an aboriginal native, having been sworn said, I live near Epsom, I know the prisoner, I saw him about a month ago at my place it might be five weeks ago, he brought a horse with him, it was on a Monday, it was a red horse, he left it at my place to sell it to nai tives, no one offered to buy it, he offered it for sale to i the natives, I bought it, the prisoner asked three pounds for the hoise, I gave him that price for tht horse, the prisoner asked three pounds, I did not give it, I led the horse on the Friday to the Exchange Hotel, that vas one day after the horse was brought to my house, it was on the fifth day, Mr. Hardington recognized the horse as I was bringing it to Auckland, Araperi was with me j at the time, Mr. Hardington got the horse, it was the same the prisoner loft at my place on the Monday, I camo to Mr. G. W. White's " house, I did not speak to Capt. Bcckham about the horse. By the Court — I bought the horse and gare my evidence in the Resident Magistrate's Court. Araperi sworn, I know the prisoner, I recollect him coming to my place on the Monday after the thiid Sunday in April, he came in the evening, he brought a horse with him, it was a red horse, he wanted to sell it, I aiked what price he wanted for it, he said ten pounds, he sold the horse as a mare, and after they lit a lire and found it was a gelding, the money was got back, and the prisoner then asked seven pounds for the horse, he afterwards asked five pounds for it, John gave fire pounds for it, during the night, but the next day finding the horse wa» bruisid , he said he had wasted his money and gave the hoise back, the horse was then offered for three pounds, afterwards the prisoner offered it for two pounds not being able to sell it, lie offered it with the saddle, &c , for two pounds, it was afterwards sold without the saddle for throe pounds, after the hoise was bought it remained at our settlement, and the next day we took it out on the road to where we worked, the following day we brought the horse into the town, on coming to the Exchange Hotel, Mr. Hardington called out that is my horse, we replied, yes, and we bought it of a native, it was the same horse we had purchased fioratne prisoner. We then came down to the Court House. Cross-examined by the Prisoner, You said the horses were yours and that you were going to Port' Nicholson, f Charles Brown sworn said, I am Sergeant-Major of the Armed Police, I recollect the 18th of last month, I saw Mr. Hardington and the last witness outside the Court House, they had a chesnnt horse with them, Mr. Haidington claimed the horse, which was kept by the police until the prisoner was taken before the Resident Magistrate, the horse is iince dead. The Prisoner in his defence stated that he did not steal the horse that another man stole it, the only witness I could bring is not hear, his name is Tangata Wati. The Jury returned a verdict of" Guilty."

Wiremu Ori was also charged with stealing a maro and colt, the property of an aboriginal native named Ruka. The Piisoner pleaded Guilty.

There was another charge of horse stealing againtt the Prisoner but he having been convicted twice the indictment was withdrawn.

William Jamieson stood indicted for stealing a ring th« property of Wm. Smellie Grahame. The Prisoner pleaded Not Guilty. W. S. Grahame being sworn said, I am a merchant living in Auckland, a fire took place on my premises on the 17th of December, 1854. I lost several articles »n that occasion, amongst others a gentleman's ring with a white cornelian stone, I know this ring, I believe I lost it on the night of the fire, to the best of my knowledge it was in my wardrobe in my house on the night of the fire, the things were taken from my house to the Creicent on that night, the wardrobe amongst other things, I did not see the ring since the fire until Sir. Winch came with it in his possession to my house, a short time after the fire I advertised them (the jewellery) in the papers as lost, I also cautioned the jewellers in the town, Mr. Winch amongst others, W. G. to W. S. G. were the initials marked on the ring, they are now partly obliterated. Mr. Winch came to my house on the evening of the 12th of April with this ring in question, enquire if it was^my property, stating to a person had brought it to him for sale, I identified it ai mine, I procured a constable and went to Mr. Winch's shop, I there found the prisoner with another man, the prisoner stated he had bought the ring from a sailor at the Osprey Inn, he said he was not at my fire, the value of the ring is about £3, when the prisoner was given into custody the ring was left (I think with Mr. Winch). Cross-examined by the Prisoner, Did I tell you I was near your house on the night of the fire. W. S. Grahame, Yes, I stated that before. By the Court, I have no doubt aboutthe ring, I know it to be mine, I cannot say how long I saw it in the j drawer before the fire occurred. ' Mr. Wynch. sworn said, lam a jeweller and watchmaker in "Auckland. I know the prisoner at the bar, I saw him on the 16th. of April, he came to my sh«p and brought a gold ring to know the value of it, I told him if he would call in the morning I would tell him tho value of it, the prisoner went away and took the ring with him, this is the same ring, about ten minutes after another person came named Brown with the same ring, he wished to know the value of it and what I would give him for it, I told him if he would wait a short time I would tell him, he said he would wait ten minutes, I ! then went into my parlour and from there went the back way to Mr. W. S. Grahame's store, with the ring, I showed Mr. Grahame the ring, he said it was. hi&, I then

— — ■ J> returned to the shop, Brown was still there, I told him I could not purchase the ring unless the other party (the prisoner) came with him, Brown called the prisoner in but he would not come for some time, he called; him twice, he then came in, I told him I could not purchase the ring without he gave me his name and number, he ga^e me the name of Win. Robinson, No. 22, 1 kept him in con \ ersation until Mr. c Grahame came, Brown ■« as present during this time, Mr. Grahame then came and gave the prisoner into custody, I then gave the ring to the policeman, I an) suie this ring i* the same. Cross-examined by Pris> ner — It was notoa the 12i.1i April you came to me, I said I would gi\e you the value of it in the morning. By the Attorney General : — I cannot speak positrvely as to the date, it "was the next morning I went to the Magistrate's Court. By the Court : — The name and number I gave, is the same as the prisoner gave to me ; he never said any thing to me at the time, of its being incorrect. By a Juror : —It is always the rule when we purchase anything to ask the name (and number of a soldier) and write them down ; 1 had some suspicion on account of tke name being partly erased. sworn, said :—I have the ring ; it was on the night of the 12th of April the ring was given to me •* I saw the prisoner on that night in Mr. Wynch's shop. "Win. Brown sworn, said i— l live in Auckland ; I am a labourer, a tailor sometimes ; I know the prisoner by sight ; I saw him last month at Mr. Hardington's tap ; about the 11th or 12th of the month he asked me to buy a ring. It was a gold ring ; I found that out yery quick ; I told him I had not the money at that time, (30 shillings) ; he came to me the next eveniag, and offered it to me for 20 shillings ; I told him I would go to the jeweller's shop and ask if it was gold ; we went to Mr. Winch's, and I asked him the value of it ; he said he would tell me in a few moments, he said, 1 will keep the ring until morning : Mr. Grahame and a policeman, then came in ; the prisoner was then outside ; Mr. Winch said, I must call the prisoner in, I understood him to say his namewas Wm. Robinson, and his number (222.) By the prisoner :— When I called you in, I did not know more than Adam whether Mr. Graham was in the shop or not. By the Judge : — I did not hear the prisoner say any thing concerning the wrong entry in the book ; I wai not giving any attention to the discourse at the time. Wolfram Cottingham, sworn :— I am a «erjeant in the 58th regt., the prisoner is a private soldier in the 58th regt. : his name is William Jamieson ; I do not know his number ; I recollett the night ofr-Mr. Grahame's fire, the prisoner was there in my charge on. picket; he was at the fire, and on sentry over the goods that were brought up from Mr. Graharae's hoaso and placed in the Crescent. By the Court : — The goods were brought up from Mr. Grahame's private house, furniture, &c. William Fisk, sworn : — I am a corporal in the 58th regt. ; I know the prisoner, his name is William Jamieson, and his number is 2415 ; I am sure of thanumber. The prisoner in his defemce said, he had been placed; in the lock-up for four days, and no one appeared against him. Verdict, guilty. Thomas Ryan, and Philip Coutanch, privates in the 58th regt., were charged with stealing 1 meri, I coat, 1 waistcoat, 1 trunk, &., the property of one Paten", at Auckland. Patene, an aboriginal native, sworn : — I live at Waiheki; I recollect being 5n Mechanic's Bay on the 12th of March, I was. opposite the stores in a tent; many Europeans came down peaceably to purchase things ; two soldiers came down in the evening, late on in tho night : I had some goods in a box, a meri, pair of Irowsers, waistcoat, and a coat, a purse containing 14s. 6d., and a pair of braces, the«e things weie in a box in the tent, they were in the tent when I went to sleep, and when I awoke they were gone ; I should, know the articles again if I saw them ; I found the box in a creek to the eastward of the barracks. The things now produced (a green-stone meri, waistcoat, trowseis, coat, purse) are those lam speaking about ; the money is gone ; I have not the slightest doubt, these are my goods. By the prisoner Ryan :— I told Major Nugent it was. a cloth coat. William Bolton, sworn:— l am Serjeant Major of the 58th Regt. ; I know both the prisoners, they are privates in the 58th regt. On the morning of the 13th of March I had information that a robbery had been committed ; I called for the men who had been on pass that night ; Coutanch was on pass that night ; Ryan was not ; I went to Coutanch's quarter*, and between, the folds of a pair of white trowsera was a meri, that is the meri which is now produced ; it was over the prisoner's bed amongst his clothing. On the evening of the 13th Ryan was absent from tattoo, ho was brought in drunk, with a bundle in his hand ; I opened the bundle ; it contained a coat, waistcoat, and a razor case ; to the best of my belief, those are the clothes which are now produced ; I handed them over to Serjt. Major Brown, of the Armed Police ; the native identified the clothes ; he complained that the pocket book which had been found by another man, had been opened and the money taken out. , By the prisoner Ryan :— You told me you found the things under the ban ack wall; yon was on pass, and was brought in drunk ; a man named Turner, found the other things, he is in the Colonel's employ ; he brought them, and gave them to me. • By the prisoner Coutanch :— I did not say in the. Resident Magistrates' Court that the meri was found in your black trowsers. By the Court :— Coutanch had a pass till 12 o'clock, on the night of the 12th of March ; Ryan answered his name at half past nine o'clock, he could not have been out later, unless he broke out of barracks. Charles Brown, sworn : — I am Serjt. Major in the Armed Police ; I produce the things which were handed to me by Serjt. Major Bolton of the 58th Regt. Richard Shepherd, sworn :— I am a Serjeant in the 58th regt. On the 13th of March I examined the quarters of the prisoner Coutanch, I found a large greenstone over his bed, with a leather strap attached. The Serjt. Major took possession of it. Welfram Cottingham, sworn :— I am a Serjeant in the 18th regt. : I had charge of the picket on the evening of the 13th of March; I saw tha prisoner at tho Osprey Inn, he was standing in froat of the bar with a black coat on ; I saw a handkerchief on the bar, I made the prisoner take the black coat off, and put hi» own jacket on ; he said the coat was his ; there was another article in the bundle ; I took the prisoner and handed him over to the Serjeant of the guard ; 1 handed over the bundle to the Serjeant of the guard. By the prisoner :— You brought the bundle part of the way yourself. William Thorp, sworn : — I am a Serjeant in the 58th regt. On the 13th of March I was Serjeant of the regimental guard at Auckland ; I received the prisoner Ryan on the evening of that day from the last witness. He had a bundle, it contained a coat, waistcoat, and a razor case, I gave them to the Corporal of the guard to take to the Serjeant Major. By the prisoner .—You did not give me the bundle. John Reardon, sworn : — I was corporal of the regimental guard on the evening of the 13th of March ; Ryan was brought in a prisoner ; he had a bundle, which I gave over to Serjt. Major Bolton. Thomas Brown, sworn : — I am a private in the 58th regt. I know the prisoners at the bar ; I iras on picket on the 12 th of March ; I 6aw Coutanch j I saw him next moriting from 6 o'clock till half-past ten o'clock ; I asked him where he got the green-stone, he said he found it coming home ; he said nothing about giving it up. By the prisoner Coutanch :— You told me if any one came for the stone, I was to give it them. I was not in when the Serjt. Major came ; he told me that before any search was made. By a Juror: — I first saw the green-stone in tha morning, the prisoner showed it openly to all the men in the room about 7 o'clock in the morning ; he told mo to give it to any one who might enquire before 9 o'clock ; it was after 11 when the search was mnde. By the Attorney-General :— He told me he found the stone ; I did not advise him what to do with it. The prisoner Ryan, in. his defence stated that he had. not been out of barracks on the nighl in question. The prisoner Coutanch said, he had found the stone when returning off pass ; he told his comrade to give the stone up it it was inquired for. The Jury retired, and after some time returned a verdict of guilty against both the prisoners, at the samo time recommending them to mercy.

Baitjbday, June 2nd. The Court renssembled at 10 o'clock, his Honour then proceeded to past sentence on the prisoners as follows. Edward Augustus Hamilton, six months impnsonment. Joseph Flatt, twelve months imprisonment wnlyiard labour. "Wireimi Ori, horse stealing, first indictment, penal servitude for four years ; second indictment four years penal servitude, to commence at the expiration of the firit term of lour years. William Jamieson twelve months imprisonment with hard labour. * Thomas Ryan, six months imprisonment "with hard labour. Phillip Coutanch, two months imprisonment with hard labour.