CRIMINAL SESSIONS. [Before his Honor Sir G. A. Arnhy, Kt ]

Daily Southern Cross, Volume XXI, Issue 2613, 2 December 1865, Page 5

CRIMINAL SESSIONS. [Before his Honor Sir G. A. Arnhy, Xt ]

The December criraiual sessions of the Supiemo Court were opened yesterday, precisely at 11 o'clock, by his Honor Chief Justice Arney, who entoied Court accompauied by the SheiifF, Colonel IT. C. Balneavis. There were a large number of peisons assembled anxious to hear his Honor's charge to the Grand Jury. L, O'Buen, Ksq , .Registrar, called over the list of grand jurors summoned to attend, when they all answered to their names with the exception of two gentlemen, Messis. John Giigg and David Murdoch. The Giand Juiy weie bworn for the discharge of the criminal business in the following order: — Messrs. Jas.O'Neill, Hobson-street(foieman); John Watson Bam, CJppei Queen stieet; John Buchanan, P.u nell-roacl ; William Thorne Bucklaud, Kaianqahnpe io.\d; David Bum, Emily-place; John Heniy ßurnside, Karangahape-road ; George Gi aham, Hobson-stveet ; Walter Grahame, Eniily-place ; Alfred B. Grifh'ths, Onehunga ; Thomas Hendeison, Emily-place; Howard Hutton, Otahnhu ; Robeit Kidd, Cook-street; John SaiißsterMacfarl.me, Emilyplace; Thomas Macfarlane, St. George's Bay; 'lhos. Lindsay Macky, ~ obson-street ; Davitl Nathan, Eden-ciescent ; George Btngoyne Owen, Mount Eden ; Samuel Seddon, Ilowick; George Webster, Pitt-street; James Williamson, Eemueia ; John Williamson, Upper Queen-street. In reference to an application which had been made by Mr. Thomas Macfarlane for exemption fiom serviuc on the Giajd Jury, his Honor said he wai sorry that there had not been a full attendance of grand jurors. Although the applicant and another grand juror being members of the same fiiin the business in their absence would bo interfered with, yet the Court could not inteifere, as ho did uofc know how the piiiouers for trial might be affected thereby. He would have been glad if he could have released Mr. Macfarlane from attendance, but he was unable to do so. His Honor, in addressing the Giaud Juiy, said : Gentlemen of the Giand Jury,! purpose to confine your attention, and my own, almost exclusively to the cases that aio to come before you and the Comt. Youareallawaip that, since the pusouetsfor fcnalhad been imprisoned, tho Geueial Assembly of New Zealand has recently Leld its sitting's, and has passed a laige number of Acts — I am told something like seventy or more Acts. There aie those among you who betfctr know than I do what Acts have been passed, because you will remember that the assent of the Governor could be given to those Acts only at a late period of the session, and it is probable that there has not been punting power to supply copies of diffeienfe Acts to vatious public establishments of the colony, and probably the Supreme Court is but ill-informed of the law which we are all supposed to know, and are bound to obey. Gentlemen, I need not make any rental ks to you upon the general state of the province — as to ciime 1 mean — except to congratulate you upon the very light cileuflat that i% now before us. Public rumour has brought to the ear of all of us accounts of pioceedings connected with the ndmimstiation of the cmmnnl law within this proviuce and within the judicial distnct over which I am presiding — pioceedings which must fill all our minds with thu dee| est concern, and to which every man in this colony should devote an amount of profound thought. But, gentlemen, there is no case connected with the admnnstiation of the ciiminal law timing out of these pioceedings to which I allude, nimely, the Maoii war, and the active mensmes that aie being enfoiced by the Government to suppress any acts that might aiKe out of such proceedings. Therefore 1 am exempted from tbe lesponsibihty and the duty of inviting the attention of the Grand Jury to these matteis. So long as these matters lemain a part of the public policy of the Government, and aicnofc brought before the Supieme Court, it is not desuable thai J should call attention to such matteis to the Grand July, in my address to them. Gentlemen, I believe that we have not a single native — the name of a single native — on the calendar Certamly, it is a happy ciicunistauee, consideiing now that the iutei course with the natives has been, in a great mcasiue, renewed in some paits of the piovnice near to Auckland, and that they aie constantly brought into contact with Europeans aud with the European police. They do not appoar to have been guilty of any crime, so far as the calendar before the Supreme Court enables us to judge. I congratulate yon, gentlemen, upon the deciease in the number of piisouers. I believe ou the last occasion we had 51 prisonei s for trial ; we have on this occasion only 2G. I can also congiatul.ite the province upon this circumstance, that the crimes are of themselves of a comparatively light natuie. The great majority of them aie meiely ordinal y cases of larceny ; aud when one consideis the h.ibit of diunkenness that prevails so commonly among the popu l.vtiou, one is only sin prised tint there should be so few cases even of larceny. There is, as far as I am aware, not one caso of stabbing or wounding, or any acts of atrocious violence accompanied by cruelty. There is one act of violence to which 1 will call your attention pretently, Theie are two chaiges of robbery from the person, accompanied with a certain amount of personal violence; but that violence happened to be ot a light diameter. I think we may the more rejoice at "the fact that crime appears to be diminishing in the country, because the increase of it has been so > apid as to rcndei it almost impossible to keep pace in the gaol accommodation provided. I havo but lecently visited the prison, aud I am bound to say, gentlemen, having been one who sometimes made stringent remarks upon the gaol system of this province — 1 am bound to say I was not only gratified but astonished at the great improvements that havo been made. It is true, indeed, that before these improvements h«d been begun — in the course of 1861, from the Ist January to the 31st December — there had been admitted 309 persons to the stockade. It appears that dining the present year, between the Ist Jan u my and 22nd November, there had been 1,127 persons admitted. You will perceive, therefore, that it was necessary that theie should be a very great enlargement of the accommodation, and that enlargement lias taken place. At the piesent time there are still 40 men in the Stockade, under sentences of penal servitude ; and you will at once perceive, if those men sentenced to penal (servitude are not to be matured for fiesh crime when they come out, that they should have separate cells, so that 40 colls would bo required for their accommodation . I find some of the cells are admirably ventilated ; the old cells are well ventilated and good ; and, indeed, on the whole the ventilation is greatly improved. It nns altogether a consoling sight to go over the gaol and to view the circumstances I have mentioned. There are 40 men enduring penal servitude, and 160 men doomed to hard labour, thus making 200 prisoners, who were to be governed, provided with clothing, and fed, and informed during their respective terms of impiisonment. There are 21 females, and only 15 debtois. The females are now well provided for ; they havo airy rooms and an aiiy yard, and are kept entirely distinct from the other sex. Likewise thero is a person who devotes her services to that department, and admirably discharges her duties ; she gives her wholo lime to the superintendence of the prisoncis committed to her cave. Now, I believe stilt fiuther improvements are to be uado for her accora1 modation, and it will become no longer a

1 matter of difficulty to manufacture the whole of tho clothing of that establishment, by tho aid of the women admitted for several offences under tho superintendence of this lady. Imprisonments for debt are fewor ,and will, no doubt, become fewer and fewer. fiLbave no, doubt the time has come when persons itwitiiiot b6 imprisoned for debt in tbia colouy. In iU^Acfcs that have been iccontly passed some alteration* have been made which it would be out of placs here to detail, but I think they .will enable the Supreme Court Judge in most cases in the, estabftof a debtor to give him protection at once, and if theie, js to,be imprisonment — ifafteiwarrjs hciis to be siibjo6ted to impiisomnent, it will bo for an offence of a penal natuie, an offence iv the eye of the law v of tho country, and not by merely waiting to hfive his affairs wound up. Tlieio then will bs still f urthor accommodation afforded tho criuiinul piisoncis fiom this alteration in tho law relating to debtors. I have adveited to the great impiovemeuts that have been made. I should say that in moie than one or two instances tho piisoneis taken up, on enteung tho cells, found them pei fectly sweet Tho cells for solitary confinement wcie well ventilated, and in no instance was moie light admitted than was absolutely accessary. Tho day-room is spacious, artel the hosoital is very fair, and it is about to bp removed to a" better position. An to the health of 'thojrfisoneis, out of that huge number of men — 20P'*prisoneis uudoigoing puuisliincitt, and' 2G j *mon in , addition — there ware only three-persona inJbMpitfil; and ouly one man conliued to bed^ ijifieriiiqprrom a rheumatic affection of the aim, which, was clearlynot to be attributed to ill-veutilation. is not too much for me to mention 'tlfcit 'out of a large portion of details open to comment. I congratulate you upon the whole of them, and the way they have been brought about ; and I feel quite sine there will be no relaxation m the endea\oius to make tho place still more perfect. There lemnins much to be done ; thcie is no wash-house, and theie is no proper place of-worship ; and the piisoner3 are occasionally making their complaints' that the clothing U not sufficiently w'aiin,, Bub-tihWare matters of dct.ul, and if I woro toJ'go into them, I should be discharging more the duty of Inspector of Piisons than Judge of the Supreme Comr. We must still regard our prison as a temporary expedient, well adapted for temporary purposes, and wholly unfit for a place of penal seivitude. It was utterly impracticable to effect leformation in it. 1 know one youth who has been twice bi ought before our Court, and who is evidently fast becoming a confirmed ciimiual, I find him heiding with those adult cuiainals many months of the year ; and it is, theiefoie, much to be lamented tlnvt wo should lia\e no means of effecting a classification of the pinoneis. But still, whete so much lias been done towards impiovemeut, we cannot help lestlug oil" the congi.ibuLition, and to look forward to a peiiod \>f still gi cater impiovemeut. Thcso are tho only luipiovemcnts on the state of tho gaol immediately connected with tho adn.imstinlion of the law of tho countiy, and the eai lying out ol the punishments to be inflicted tliDieiu, to winch I think it light to diiect your attention. It will be for you to dispose of the cases, which you will be able to do without much difficulty, as iv almost all the cases they laiso the question merely of fact ; thcie is no point of law arising, that lam aware, upon which it is necessary for me to give you any charge whatever, but leave you to deal with them as questions of fact. There are some cases to which I will call your attention, particularly with the view of giving you short ami general directions how to deal with them. (His Honor here duected the attention of the Grand Jury to several cases on the calendar, and pointed out tho law bearimj upon each. The first-mentioned was that of Hemy Hams, against whom two chaiges would be brought under the IJebtois and Cieditois' Act, foi fiaudently moifcgaging a ceitain poition of hisestUa to defiaud his ciechtois, and also for fiaudulently and wilfully omitting a ceitain poition of his piopeity fiom his schedule, lie next alluded to tho chaise against a man, Geoige White, for feloniously wilting and dcliveiing a ceitain lettei for the pmpose of cxtoiting money. The next case lefened to Mas a charge against a postmaster in the Waikato, for lcceivmg money for stamping letteis from persons, which he did not do, nud also -with searching lettcis. (The only other case dwelt upon the chaige of lape brought against two persons named Alevauder Lynch and Thomas Synion.) His Honor continued: With these lemarks I dismiss you to your duties, and a«k you to leturu true bills as soon as you can. Theie was another matter upon which some of you may be better nifoimed than I am, with icfeience to an Act enabling the Giand Juiy to administer the oath to witnesses before their examination. T undei stand it had been intioduccd iv tke House of Representatives, and been passed and received the assent of the Governor. That was a mattei winch lies in the veiy outset of tho mquiiy to be taken on oath before the Gi and Jurj . The Act lenieml tho taking of the oath tobeimpeiativo befoie the Giand Juiy ; but it leaves it again open to this Court to sweai the witnesses m this Couit a 9 imial. lam not sine whether I would be doing u« lit in case the bill bus not received the Goveruoi's assent. I am not sine that the bill has icceived the assent of the Gnvernoi, and the safest couise would be to bwear the willies es> as usual in open Comt. I sent to the Supciiutendcnt's office to (,'et some infoimatioii iespcctin<,' the Act, and he icceived a reply fiom Mr. Caileton, bt.itni!» that theie weie a great many Acts p. Shed last be«sion, but he had no lecollecti.m of any such .Act, Aie you awaie, Mr, O'Neill, of the existence of any such Act ? Mr. J. O'Neill saul he could not lecollcct whether any such Act had been pas.cd or not. There were so many Acts parsed during the end of the session, and he with otheis had to leave before that time, so that he could not call to mind whether such an Act had been passed or not, Hh Hoiioi haul the witnesses must beswoinin Court as usual undci the cucumstaiices Mr. J. W. Cain suggested that the oath might be adnuuistucd both by the Giaud Juiy and in open Court. His Honor here instiucted tho Registrar to supply the Giand Juiy withafoun of oith, and said lie would tike the piecautiou of having the oath administeied iv open Court. Mr. O'Neill said if the Act weic in existence the Grand Jury, if they were so disposed, might swear the witnesses, ITis Honor said tho question was whether tho Giand Jury weie tmpoweied to do so. Mi. G. Graham said he believed such to be tho case. His Honor said of coutse it would be open to the Giand Jury to administer the oath. The Gtaud Jin y then retned to their loom to consider the bills sent them. They shoitly afterwards returned with tine bills against several prisoners. The Registrai called over the juiy panel, when it wis found that there weie some six or sevpn poisons who had been summoned as juiois by the Shenff who did not attend. His Honor saul, as there appeared to be an unusually largo number of defaulting jurymen, he would older the fine of £10 to be imposed. Several jurymen were exempted from serving, on the production of medictil certificates. A petty juiy was then sworn. STEALING I'KOM THE FREMISIS Jfouy Warnicky, asoldiei, aged 35 yeais, was indicted for having, ou 14th September, stolen from the United Service Hotel, a gold watch and chain, valued at £7, tho pioperty of Mr. Andrew Robinson. Pusoner pleaded nob guilty, and was undefended. Air. F. M. P. Biookfiold conducted the case as Ciowu Pioseciitor. He briefly stated the facts to the jury. Seigeant major Molloy wn& sworn, and deposed : I know the pusoner, aud sines ted him on the charge of stealing a watch and chain. I had a convocation with him. I pioduced a search-wauant, and told him I wanted to search the premises. After a fow wordi of conveisation prisoner told mo he could get the watch. I had not pieviounly mentioned tho watch to him. Ho opened a drawer in his dwellinghouse, and gave me the watch and chain I now pioduce. Mr. Robinson was with me, and identified tho watch and chain as being his piopeity, Hie pusoner made no obsei various in jeply. The pusonei did not cross examine the witness. Agnes Louisa Robiucou deposed : lam tho wife of Audiew llobinson, lesiding at Cambridge, on the Waikato. On the evening of the 14th September I was in the United Seivice Hotel, kept by Mr. Quick. Tho watch produced is my propej ty. I had it iv my bedroom iv the hotel!" I missed it on the 15th, but 1 how it there on the day befoie, I afterwards went with the Sergeant major to the prisonei's house, and saw the watch there. The watch and chain aro valued as £1. Witness was not oross-exauiined. This closed the case for the pi osecution. The piivmer did not produce auy evidence, but addressed the Comb and juiy. Ho did not impugn tho testimony ot the witnesses, which ho said was consistent with his innocence, and absence of any guilty intention in the affair. He said his real crime was that of drunkenness, and lie solemnly declared that he did not know how the watch ctvmo into his poiEession,

He had testimonials of eighteen years' liouour*blt lervicc, which lie could not havo procured if he had beon a drunkard or pilferer. (Prisoner handed up some testimonials to his Honor.) His Honor addressed the jiny. As that was the first case tried at the session, it was right that he should direct attention to a decision arrived at by the Court o? Appeal at Dunodin, to the effect that a peison could not be found guilty of lcceiving stolen goods. There must, in older to secure a conviction, be satisfactory evidence that the goods had been stolen by some other person than the one charged. The jury, after a biief deliberation, lecorded a verdict of guilty, and recommended the prisoner to mercy. The Court sentenced the prisoner to «ix calendar mouths' imprisonment with hard labour.

STEALING JEWELLERY. James Mitchell, a jewoller, aged 49 years, was chaiged ■with stealing several ai tides oE jewellery from the premises of his employer, Mr. F. H. Lewinsou, Queen-street, valued at £2G. Prisoner pleaded guilty, and Baid he Lad nothing to advance that would do him any good. He had no witnesses to call except Mr. Lowisson. Mr. Lowissou was examined by the Court, and deposed that the piisonerhad been in his establishment for about tines months, and was a first class workmau. He had for five or bit months pnoi to that time given work out to the prisoner. lie paid him weekly between. £i and £5 during the time he was employed on the premises. Ho leoominended the prisoner to the mercy of the Com t, and s.iul ho had brought his present trouble upou himself through excessive drinking, and he (witness) had never lienrd anything against him up to that time. His Honor, in sentencing the prisonei, said he had felt it due to him and the community to ask the questions he had put to Mr. Lewi&sou, in order to ascertain whether ho had been liviug in a state of distress, and had taken possession of the property to relieve him from temporal y privation. It appealed he was an expeit and skiltul workman, and able to surpass the otheis in obtaining a high rate of remuneration for his labour. He had been placed in a position of trust and under circumstances that should have induced him to be honest. He (his Honor) could not attend to the recommendation to mercy* which had been made ; but would sciitcncchhn to two years' impiisoument, with hard lnboui. f >

STEALING A WATCH. Alien Aiticell X a manied woman, was indicted for stealing a silver yvatch, valued at £4, fioin the premises of James Reilly, of Papaluu.i, ou 21st September last. Piisoncr said she bad the watch ia her possession, but not with nny ciiminal intent, Mr. ttiookfield (.tated the case for the prosecution. •Tames Iteilly deposed : I am a farmer, residing nboul twoimlei fiom Pnpukuia. I met tho prisouci onco befoie the occurrence in question. Ptisoner was stopping in the bush, and I met hei in her own whaie. When T was letiuning home I met the piisoner and a young man coming out of the whaio. bhe had her child in her aims. Tha child was about twenty years of age. (Laughter.) I thought you then meant the man child. (Renewed laughter.) She told me not to be in a hiniy, as she wanted to speak to me. I stopped, and we had a drink of rum. She asked me if I wonld come with her, as she had some cabbage for me. (Langhtei.) I lefuaed ths invitation. I went to her whare, when my watch was stolen. I repotted the matter to the police, who accompanied mo to the whare. Tho prisoner asked me if I was coming after a watch. She took the watch (produced) from utider the bed, which is my property. She said she had intended to bung it to me. Police constable McCaffry, who had accompanied the prosecutor to the pttsonei's whare, deposed that as soon as they got into the dwelling she said they were coming about the watch. The prisoner took the watch from ucider the bed-clothas and gave it to witness. She stated that the child had taken the watch away, and she intended returning it next morning. (Watch pioduced and identified.) This closed the case for the Crown. The prisoner made some observations to the jury in her own defence. His Honor addiessed the jury and read ovor the evidence adduced. 'Jhe jury, without leaving the box, found her guilty of the offence, and also of a piovious conviction for laiceny. Tlm piisoner was sentenced to eight calendar months' imprisonment, with hard labour.

STEALING ritOJt THE PREMISES. nenuj McChaghy, a farm-laboiner, was charged with stealing eleven £1 notes, on 24th September, at "Waiuku, the propeity of a f ellow-sei vant, named Aiclubakl Gli\ss. Pi honor pleided not gnilt}', and was not defended. Mr. Biookiield biiefly oj)ened the case. Archibald Glass deposed: lam a faim l.vbomer, and was in the employ of Mr. Keid, Waiuku, in September last. The piisonor was also in that gentleman's employment. On 24th September, 1 had £13, which I left in my bediooin, on going to Druiy caily m the morning. T placed it under my bedclothes. I returned from Dmi y about three o'clock in the afternoon. Ou going to bed that night I missed the money. I accused the prisoner of having it, which he denied, and thieatenr-d to strike me. I went out for a shoit tune, ard when I come back prisoner le.iched some money to me. Theio was eleven notes, the same kind of notes that I had lost. 'Jhomas Hold, fanner, i\t the Waiuku, deposed that last wtness .mil piisoner weie m his employ. On the morning th.it Glass missed the money witness nsked prisoner if he had got it, when he denied it. Witness told him if he hid it, he iiad better give it up, and theie would be nothing moie about it. He peisisted that he had not got it. When Glass was gone fot a horse, piisoner told witness Hint he would give the money up if lie was let go. Witness gave piisoner a good chai actor foi honesty. Pusonev was found guilty and sentenced to twelve months' imprisonment with hard la'iour.

STEALISsfI AWITCH, John Lynch was charged with stealing a silver watch, value £1 10a. John Connell deposed that on the 10th of November he was lodged in tho same hut with piisonor iv the Albert Bai nicks. Witness on missing his watch infoimed the colour-scTijeiuit, (Watch produced and identified ) liichatcl Wilson dej osed that the prisoner offeicd him the watch for sale, and left it with him. William Robertson, of the Mihtaiy Police, and Constable Sander-ion deposed as to the recoveiy of the watch, and the apprehension of the pnsoner. ' Ptisoncr s.nd the prosecution was a piece of spita on the p,»rt of Wilson, who blamed bun for infoiming th.it he kept a brothel. Tho jury found the prisoner guilty, and sentence was passed upon htm of sk months' linprisonmeub.

HORSK SIEAXING. Clnrles F. Bellew was chaiged with steiltng a horse, at Newmarket, on the Oth .September. Pi isoncr pleaded nob guilty to feloniously stealing the lioiwe. William Hogg, toll collector at Newmaiket, deposed,that on tho evening of the Cth Septembei prisoner lode up to the toll-gate, mounted on Mi 1 . Wrigley'u pony. Witness stopped prisoner, who s.iid the pony belonged to tho Coimnibsauat Trauspoifc Corps He then dismounted, and tan ofF. Witueis followed him, and found him concealing himself in. a paddock. Tom Wiigloy deposed that ou the 6th September he tied up the pony to tho veiandah of his father's shop. In about a quarter of an hour afterwards he found the pony had been taken away. Prisoner said he had come up from Waujjanui, and was going out to Otahuhu to see his family. He had taken Mr. Wiigley's hoise, under the influence of liquor, but ■with no intention of stealing it Ho had been twelve yeais iv the service, aud had never been charged with any crime except once for diunkenneHS. In summing up, his llouo* enteied at sonic length into the l.vw as to hoisc-stenliug. The jury fouud tho piisonur not guilty of taking the horse with a, felonious intent. The prisoner was discharged. The Couit adjourned at half-past six o'clock till ten o'clock on Monday.

During the clay tbe Grand Jury disposed of all tho bill"! sent in to them. Tiuo billi wore leturncd in tho following cases: — James Biltfcei worth, robbeiy fiom the poison ; Edwaid Hayter, lobbery from tho person ; Boberfc Loaiy, obtaining money under falso pretences ; C. Holland, stealing from tlio premises ; Thomas Chatiley, stealing from tho ship ' Andrew Jackson ;' Henry Harris, raoitgaging and encumboring certiin piopeity to defiaud his cieditors, and omitting certain effects from the schedule of his petition; Isano Robinson, stealing from the picmisos ; Thcodoie Kerle, feloniously searching ceitain letteis; Henry Cranham, robbing from the person ; Patiick Doyle, horse-stealing ; Louis Miiggs, stealing from the schooner ' Bo&e Ann j' Alfied Wurtin, stealing from tho piemises ; Alexander Lynch and Thomas Symons, rape : Henry Merlo, stealing from a dwolling ; Peter Oanol, horse-stealing. No billi were returned in the prosecutions against Jainea Butterworth and Edward Hayter, charged with assault and robbery fiom the person ; George White, feloniously writing and demanding money with menaces; Keniy Dillon, »tealiug ; Hiram Travers, stealing.