SUPREME COURT.-Criminal Jurisdiction. Thursday, June 16.

Daily Southern Cross, Volume XXVI, Issue 4000, 17 June 1870, Page 4

SUPREME COURT.-Criminal Jurisdiction. Thursday, June 16.

[Before his Honor Sir G. A. Akney, Chief Justice.] A jury was empanelled, of which Mr. John Mitchell was chosen foreman.

Alleged Lakceny. — Matthew H. Frost was arraigned upon a charge of having on the 11th March last stolenfrom the cartridge pouch of Richard Kennan, at the Shortland Eifle Kange, a silver hunting lever -watch and gold Albert chain, value £14. The prisoner pleaded Not guilty. — Mr. Brookfield conducted the case for the Crown, - and Mr. MacCormick for the defence. — Richard Kennan deposed to having been engaged at a shooting match at Shortland on the 11th March last. He had ci silver lever' watch (by Rotherham, London) and gold Albert I chain in his cartridge pouch, when firing at the 400-yards range. Prisoner was there firing also. They then went to the 500yards range. He had it in his pouch to the last shot that was fired at the 500-yards range, and was engaged comparing scores at the marker's table when the word was given to "fall in," for the purpose of marching to the 6QO-yards range, and thus he left the pouch and. belt behind him at the 500-yards range. On reaching the 600yards range he missed his pouch and belt, and Avent back for them, but they were missing. On returning to the 600-yards range he spoke of his loss to several of his comrades, but none of them had seen the articles. However, before having finished the firing at that range, the belt was returned to him, when the prisoner was standing -beside him ; but his watch and chain were missing. On inquiring of the prisoner if he knew where his watch and chain were, he replied in the negative. (W atch produced and identified.) — Cross-examined by Mr. MacCormick : In marching from the 500- to the 600-yards range I did not see prisoner. It is possible thp watch and chain may have dropped out of the pouch when being earned from one range to the other. — Rinata Kitahi deposed (Mr. George Brown acting a? interpreter) that, on the 22nd of March, he saw the prisoner at Shortland, and bought the watch from him, paying him £1 1 9s. for it, and afterwards took it to a watchmaker to be repaired. — William Blundell deposed to receiving the watch from some Maoris, and to having given information to the police, and afterwards handing the watch over to Detective Hitches. — Detective William F. Hitches corroborated the evidence of the former witness, and deposed to'arresting the prisoner. He also deposed to the severe illness of one of the native witnesses for the prosecution, Hori Tuokioki, who was thereby unable to attend the Court. This was the case for the prosecution. — Mr. Brookfield addressed the jury.after which evidence was called for the defence. — The Rev. Gideon Smaile was called, and inquired how he was to be recouped his expenses in attending the Court. His Honor informed him that, as he had been subpoenaed by the prisoner, he must look to him for payment of his expenses. The witness deposed to being a Wesleyan minister, and that he had known the prisoner for twelve months in Shortland, and never had any reason to believe him dishonest. — Samuel Hairison deposed that he never had had reason to suspect prisoner's honesty. — Mr. MacCormick then addressed the jury at conj piderable length, after which his Honor | summed up, and charged the jury in the usual way. — The jury retired ; and, after an absence of half-au-hour, returned with a verdict of Not guilty. The prisoner was then discharged. — Mr. Brookfield made application that the watch be given up to the prosecutor, it having been sworn to. — His Honor : Perhaps the jury now will find that the watch is not the property of the prosecutor !

Selling Arms to the Natives, — William Farjg was arraigned upon a charge of having on the 21st day of May, 1869, at Taupo, sold to an aboriginal native one gun and divers warlike stores, contrary to the Arms Act, 1860, Continuance Act. 1861 ami Arms Act Amendment Act, 1800. The prisoner pleaded ITot guilty. — A jury was empanelled, of which Mr. Charles Madden was chosen foreman.— Mr. Brookfield conducted the case for the Crown ; and Mr. MacCormick, instructed by Mr. Beveridge, for the defence. — Mr. Brookfield, in opening the case for the Crown, stated that the crime of selling arms to the natives was, by the Act of 1861, ti eated as a felony ; but, under the Amendment Act of 18(58, that crime was reduced from a felony to a misdemeanour ; and that now, by the Act of 1869, this offence was again made a felony. It was under the Amendment Act of 1886 that the defendant was now charged. — John Bell Thompson, Inspector iv t the Armed Constabulary, temporarily stationed at the Thames for the purpose of carrying out the Arms Act, deposed to being duly authorised to lay informations under the Arms Act. This prosecution was instituted at witness's instance. — Cross-examined by Mr. MacCormick : I produce my warrant Tinder the hand of his Excellency the Governor, authorising me to lay informations under the Arms Act. — Mr. MacCormick, after examining the document, took objection to the Warrant of authority produced, the enacting part of which was insufficient. The authority specified the Acts of 1860 and 1861, but gave no power to lay informations or take legal proceedings for breaches of the Arms Acts, 1862, 1863, 1864, and 1865. All that the authority did was to give Mr. Thompson authority to proceed against persons for breaches of the Arms Act, 1860 and 1861. The indictment was also wrong on the same point. — His Honor : I will reserve these points for consideration ; but we will proceed with the evidence at present.— Heneri [Mr. George Brown interpreting] deposed to being an aboriginal native, living at Wakatiwai, and thafa he knew a native at Taupo named Matakino, at whose house prisoner told him he had a gun for sale. He a3kecl prisoner the price of the gun, and he said i 42. He then paid the money, and prisoner gave him the gun, together with a quantity of ammunition, and a cartridgemill. (A double-barrelled breach loading gun produced and identified, along with the cai fcrulges. ) A cartridge-mill was also produced, and sworn to by the native as having [ been in his possession, and having been got by him from prisoner. He received the mill from prisoner on the same day that he got the gun and cartridges. Wiremu Whitaki was present when he got those articles from prisoner. He had them in his possession and paid for before Whitaki came to Matakino's lion se. — Cross-examined by M r. MacCormick : Pie had bought such guns as this before from pakehas. He did not know before to-day thai? such was wrong. He had bought a gun and shot from a pakeha in a shop in Auckland some time previously. The exact time he did not remember. He knew Mr. David Lundon, but lie did not tell him about buying the gun in the shop until he got the summons. He then described that his tribe had sold a quantity of land to. the Superintendent for £1,000; and the £42, with which he purchased the gun and warlike stores produced, was his share of the £1,000. When he bought the gun. in the shop he had a license to do so. The reason he got a license was, because he was asked for one, and he did not know that he could not buy a gun without a license. The gun produced had not always been a.t Taupo from the time he bought it until it was taken from him by a summons. It remained at Wakatiwai for -one year. — Re-examined by Mr. Brookfield : The gun produced has been in my possession since I brought it from prisoner until the day I gave it over. The Court was then adjourned until ten o'clock, this morning.