WEDNESDAY, DECEMBER 3, 1861.

Daily Southern Cross, Volume XVII, Issue 1458, 6 December 1861, Page 5

WEDNESDAY, DECEMBER 3, 1861.

His Hoxor the Chief Justice took his seat on tlie bench to-day at one o'clock. A petty jury was empanelled, when the loniainiug cases weie disposed of.

FELONY. ihcluid Wilds, Palncl Wakh. CliarUs Kelly, and Dm id Hohan were charged with stealing a quantity of weanrg appaicl, £3 18s. in gold and silvei, a pair of scissois 1 , 2 purses, 1 chisel, and a pen -knife, the piopeifcy of Mihai, a native, on the 7th November last, at Pokeua. The prosecutoi, a cnpiile, was examined by means of an mteipieter. It appealed that on the day of the theft the prosecutor met the pnsoueis on the way to his house. Kelly asked him for woik, and said they had been two days without food ; the pioseoutor said he would give them food if they went to ln-a house, and then they could go and seek foi woik. The men acconrpamed him home ; he loft the house for half an hour, and the pnsoneis weie away on his return, his> boxes were broken open, and a pulse containing £3 125., 2 white sJnrts, 2 pans ■white ti ousei % pan biaces, a black coat, waistcoat, ajumpei, Mack neckeichief, «md other articles value £4 14s and upwaids weie stolen. Sawthepn&oneis next on the 9th at "Waraku. They were appiehended ; and on the persons of two weie found two pans of tiouseis, a handkerchief, waistcoat, and coat, his pioperty. (Coat identified ) Kelly had the piosecutor's coat tied up in the haudkei chief, but had on the waistcoat and one pair of tiouseis when he was appiehended; and Mmai swore that Kelly was wealing a pan of his tiousers at the trial. "Walsh woie a pau of tiousers and a pair of biaces belonging to Mihai when ariested at Wamku. On cioss-examination by Kelly, after his attention had been again called to the tiouseis Kelly had on, the piosecutor swoie the trousers weie not his pioperty. The jury letned, and after some time letuined a veidict of "not guilty" geneially. The pnsoneis weie dischaiged. Inthis mattei Ms Houoi lemarked upon the defective way in winch the case had been got up. Although the depositions appealed to have been caiefully taken, theie was not the usual evidence to go to the jmy, and the case lested on the uucoiioboiated evidence of the piosecutoi. It appealed that the pnsoneis had beon anested by tlnee Maons and a settler named Brown, that they had been detained until the Papakuia policeman came, who took them befoie Major Speedy, but none of these parties weie produced, neithei was theie evidence of what became of the clothes, the coat only having been pioducedmcoiut. As theie was now a Clown piosecutor appointed, he hoped such a thing would not again occur, for ho would in futuie be held lespousible. Mi. Meiriman said he had only been recently appointed Crown piosecutoi ; and he had communicated with the Attoiney-Gcneial in relation to this case, which was now undei consideiation.

Importing Arms. William, Butcher was then, bi ought foi waul on an indictment chaiging him with feloniously and unlawfully impoiting arms and ammunition, contiary to the provisions of the Anns' Act, IS6O. Mr. Wynn (foi the defence) demiuied to this indictment, nigiung that as the statute only made the offence chaiged a lnisdeameanour the use of the woids "feloniously and unlawfully" gave a diffeient chaiactei to the ofteuce This defect, he contended, was one of substance, which made against the entiro indictment, and not surplussage merely which might bo amended. The woi ds also ' ' impol ted fi om beyond the seas" weio used in the mdictment, but "fiom beyond the seas" weie not in the statute. This was an additional objection to the indictment Mi. Mekriman leplied, and contended that the use of the woids "feloniously and unlawfully" did not necessanly constitute the offence a felony, seeing that the indictment set forth the offence, which the staute constituted a misdemeanoui. The woid, " feloniously" could only be looked upon as surplussage After a few lemaiks from Mi. Wynn, The Chief Justice ovemiled the doniuirer, but Without piejudicetothepiisouei should it aftei wauls ajipeai to be one of substance. The pusoner was then formally anaigned, and pleaded not guilty to the chaige. Mi. David Gomez Silva, officer of Customs, was examined, and deposed to the circumstances unclei which he seized the arms and ammunition of tho pusoner in the 'Gananoque' on the 21st; and 23rd October. He identified the pioperty. Mr. Joseph Mohere Tabuteau, officer of Customs, pioved that he had received the propeity identified by the last witness, and took possession of it on behalf of the Customs. Mr. Commissionei Naughton gave foimal evidence. Mi. Cndges was examined. He deposed that lie ■nas siugeon of the 'Gananoque' from London to Auckland. The pusoner was on board. On ciossexannuation by Mi. Wynn, he swoie that he consideied the pusonei to be imbecile — a peison of weak lnind, not knowing what he did sometimes., but ho would not say that he had no contiol ovei his owu actions. In this transaction he believed the pusoner did not know what he was doing. Seigeant-Major Sims, of the pohce, was also examined to piove the identity of the piopeity. In charging.the juiy, his. Honor laised the pomt — what was importation ; and remaiked that it was a question foi the jiuy, under the cucumstances, whether the pnsouer had in fact imported the arms and ammunition, or whether he had only been guilty of the intention. The jury found a verdict of gilty of the intent ; and his Honor, in passing sentence said it was appaient that the act was that of a rash young man, and the ends of justice would be satisfied by a sentence of one mouths' imprisonment, without hard labour, the prisoner having already been in jail from the 26th October. The prisoner made a statement regaiding tho manner of the piuchase of the arms, which he said was from the fiist London houses. He had had £300 worth of jewellery, that had been taken from him, and which was woith £3,000 here, besides seven cases of goods which he hail been depuved of altogether On luquiiy, it tiansphed that no goods belonging to the pn&oner came by the ' Gananoque' except the property pioduced : the jeweleiy seized was valued at £120. It was forfeited. This closed the business of the session b.