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SUPREME COURT. — Criminal Jurisdiction. Monday, June 13.

[Before his Honor Sir Gt. A. Arney, Chief Justice.] Fine. —James McGinnis, a juror, was i fined £2 for non-attendance.

Exemption Claimed. — John Alexander Beale being called to serve on the Petty Jury, claimed exemption on the ground that he was an articled clerk to a solicitor. — His Honor s»id that the Act only exempted solicitors and barristers "actually practising," so that, even if Mr. Beale were admitted a solicitoi", he would not be exempt unless actually practising in the Court. Was Mr. Beale actually in attendance upon any solicitor or barrister practising in the Court? — Mr. Beale : No, your Honor. — His Honor : Then, Mr. Beale, I am afraid I cannot hold you exempt.

Larceny. — Alfred itocmsirawas arraigned for stealing three gold rings, one colonial gold brooch, one colonial shield gold ring, one bright gold ring, one pair of gold earrings, and one silver hunting lever watch, value £14, on the 24th December last, the property of Heinrich Kohn. — The prisoner pleaded not guilty. — Mr. Brookfield conducted the case for the Crown, and Mr. liees for the defence. — Heinrich Kohn identified the ai tides of jewellery produced by the police, and proved that he had sent them to Grahamstown by Mr. Hayles, the steward of the 'lloyal Alfred,' m a parcel addressed to his brother, thus:— "S. Kohn, Theatre Royal Buildings, Grahamstown " — at his branch establishment at Grahamstown, at the time stated. — Benjamin C. Hayles, steward on board the p.s. 'Royal Alfred,' deposed to having received the parcel, and having given it to a boy named Dunnivan, working m Connor's boat, in which Boonstia was employed, on his arrival at Grahamstown.—Timothy Duunivan deposed to Laving icceived the paiccl lef erred to irom witness Hayles, and taking it to the bhoie with a boat. When at the shore, Boonstra came on board the boat, and Connor left. Afterwards he saw Boonstra put his hand m Ins breast, and shortly afterwards he misled the paicol fiom the boat. There was no one but Boonstra and himself on board the boat at the time. — Constable Martin Furlong proved to having searched prisoner's premises at Grahamstown, and finding the articles of jewellery produced and identified by Mr. Kohn. — This was the case for the prosecution.—Mr. Rees addressed the jury; after which Mr. Brookfield replied, his Honor summed up, and the jury retired.— After an absence of a quarter-of-an-hour the jury returned with a verdict of Guilty. — His Honor sentenced him to twelve calendar months, with hard labour.

Forgery and Uttering. — ueorge Uage (a half-caste) was arraigned on an indictment charging him with having, on the 9th May, forged and uttered a cheque for £5 on the Union Bank of Australia, purporting to be signed by Forewera Tawai, with intent to defraud Francis Pearson. — The prisoner pleaded not guilty. — Mr. Brookfield conducted the case for the Crown, and Mr. Wynn and Mr. Hesketh for the defence. — Maria Fox, servant at the Clarendon Hotel, Shellback, deposed to prisoner coming to that hotel, and asking her to cash the cheque. He then took two bottles of brandy, one bottle of wine, and £3 in cash. Prisoner went away, saying he would call for the £1 next day. Witness gave the cheque to Mr, Pearson, who returned it. The cheque then had the words "No account" written on it. She tried the several banks, but each said they did not know the prisoner ; and she then laid an information against him. — Mr. Puckey gave her an oider for the £3 she had adyanced to prisoner on the cheque, but she never received the money from him. — In cross-examination by Mr. Wynn, she said that after tue warrant had been issued she met prisoner, when he offered to pay her the money, if the action of the warrant could be stopped. — Francis Pearson, proprietor of the Clarendon Hotel, Shellback, corroborated the previous witness's statement. This witness was cross-examined by Mr. Hesketh.— Andrew Fleming, a clerk, deposed to prisoner coming to Mr. Eoundtree's shop, and getting a blank cheque on the Union Bank of Australia, which he filled up for £5. Prisoner said that Mr. . Nixon owed him some money, and he would get him to sign the cheque filled up. He identified the cheque produced as the one he filled up for him. — Thomas Nixon, publican, deposed that he did not see the prisoner Gage at his hotel o a the evening of the- 9th May ; that he did not owe him any money. — James Duncan Grant, a clerk in the Bank of Australia, Grahamstown, deposed to the presentation of the cheque at the bank on the 10th May by a man named Pearson. No one, having a signature like the one on the cheque produced, had an account at the bank he was in. — In cross-examination by Mr. Wynn, witness deposed no Maori had an account at the bank. — Constable Samuel Brennan deposed to having arrested the prisoner at Tararu. — Edward Walter Puckey, being called, did not appear. — Mr. Brookfield stated that he knew that Mr. Puckey was absent at Grahamstown, and, although he had been subpoenaed to attend, he would now need to close the case. He then addressed the jury, Mr. Wynn replied, and his Honor summed up, and the jury retired. After an absence of half an hour they returned a verdict of Guilty of forgery.— The prisoner delivered a long address to show cause why the sentence of the Court should not be passed upon him, the principal point of which was that he had been, in 1869, in charge of the native police at Ohinemuri. — His Honor then addressed the prisoner, and sentenced him to two years' imprisonment, with hard labour. The Court, theu adjourned until 10 o'clock this morning.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DSC18700614.2.24.1

Bibliographic details

Daily Southern Cross, Volume XXVI, Issue 3997, 14 June 1870, Page 4

Word Count
964

SUPREME COURT. —Criminal Jurisdiction. Monday, June 13. Daily Southern Cross, Volume XXVI, Issue 3997, 14 June 1870, Page 4

SUPREME COURT. —Criminal Jurisdiction. Monday, June 13. Daily Southern Cross, Volume XXVI, Issue 3997, 14 June 1870, Page 4

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