SUPREME COURT.—Wednesday. CRIMINAL SITTINGS. [Before his Honor Mr. Justice J. S. Moore.]

Daily Southern Cross, Volume XXIV, Issue 3318, 5 March 1868, Page 3

SUPREME COURT.—Wednesday. CRIMINAL SITTINGS. [Before his Honor Mr. Justice J. S. Moore.]

His Honor Mr. Justice Moore entered Court »t ten o'clock this morning.

CXTTIiE-STBAMNG. Charles Gait, labourer, and William Walts were arraigned on a charge of feloniously killing a heifer, the property of the Rev. Robert McKinney, Preabyterian minuter, Mahurangi, on 7th February last, with intent to feloniously carry away the carcase. The prisoners pleaded not guilty. Mr. Brookfield stated the case for the prosecution. Mr. Beveridge appeared for the defence. Robert McKinney deposed : The prisoner* reside near my place at Mahurangi. I was the owner of a number of cattle on 7th February last. My children missed one of them on that day. I saw the skin of tbe heifer on the following morning. The animal was 2£ yean old, and branded MO on the off hip. I saw fresh-killed meat in the house of the prisoners. (Portion of hide produced and identified ) Caleb Wallia deposed : On the morning of 7th February, I was out searching for stray bullocks. I heard a voice coming from the direction of the bush saying, " Here's somebody coming." I walked on and returned again, when I saw the two prisoners coming out of the tea-tree. They looked confused, and one of them had a bag. I asked them if they had seen a stray bullock. They replied that they had, and pointed out the direction where they had seen it. I went away, and when I returned with the bullock I saw Gale still there. Watts had gone towards his own house. In the evening I went to the bush with Nathaniel Wilson. We there saw two full sacks, containing fresh young meat. I remained on the watch. Two men came. It was dark, and I could not recognise them. They carried away the bags of meat. Wilson, myself, and a constable went to the house where prisoners lived. We there saw fresh-killed meat and the bag* we had previously seen. (One of the bags identified.) The constable took the prisoners into custody. I had a conversation with the prisoners. I had lost some pigs. Watts said he did not take any of my pigs, but, pointing to the meat, said, "As for that there, I was tempted, and must take my whack." I saw the hide taken out of a hole in the bush. It was the hide of Mr. McKinney's heifer. I saw the piece of hide produced cut off. We came with the prisoner to Auckland. On the way I noticed blood on Gale's boot?.' Cross-examined : Watts is the father of a family, and Gale lives in the same house. Gale denied that he was in the whare in the morning. I saw him there. Nathaniel Wilson gave corroborative testimony. Constable John Reid Brown also deposed to having found a quantity of fresh young meat in the prisoners' house in the sacks produced. He apprehended the prisoners. Watts remarked, " It's in there ; it's all up with us." | Tbis concluded the case for the prosecution. Mr. Beveridge addressed the jury on behalf of the prisoners, and contended that there was no evidence whatever that the prisoners killed the animal. Hia Honor, in charging the jury, said there was only inferential evidence that the prisoners killed the 1 animal. If the jury believed the evidence in support of stealing the carcasj, it was held by Judge Cresawell that proof of stealing part of the carcase would support an indictment for killing with intent to steal the whole carcase. They might tind the prisoners guilty of attempt to kill with intent to steal, if they believed the evidence. The jury, after an hour's deliberation, returned a verdict of " Guilty." His Honor reserved the point of law as to whether the evidence adduced wai sufficient to sustain the indictment for killing, if counsel for defendants should choose to avail himself of it. The Courb sentenced each oE the prisoners to two 1 years' imprisonment from date of committal, with hard labour.

PASSING* SENTENCE. James Damont, alias Langdon, who was found guilty of having escaped from the Mouafc Eden Stockade, and wao pleaded guilty to the charge of stealing » boat, the property of Mr. W. S. Cochrane, w*s placed in the dock to receive sentence. The Court sentenced hi«n to thr«a years' penal servitude, to commence at the expiration of the former sentence. This ooncluded the criminal business of the session.