SUPREME COURT.—Friday. CRIMINAL SITTINGS. [Before his Honor Mr. Justice Gillies, and a common jury.]

Daily Southern Cross, Volume XXXII, Issue 5708, 8 January 1876, Page 1 (Supplement)

SUPREME COURT.— Friday. CRIMINAL SITTINGS. [Before his Honor Mr. Justice Gillies, and a common jury.]

Before the business of the clay was proceeded with, Thomas Mills, an employe of the General Government on the railway was fined £2 tor non-attendance as a juror. He produced a letter from his superiors* on the railway, asking that lie might be excused as his services were urgently required in his work, it being holiday time. — His Honor said that such a letter was a most improper one, and could nofybe considered. As it appeared, h ow ever, that the absence of the juror was not altogether of his own doing, he would be fined in the mitigated penalty of £2. — Edward Darby, who was absent on Monday, was, in consideration of his regular attendance since, and the fact that he was ill atthe time, repiimanded, his Honor considering the infliction of. a fine in this case unnecessary. Perjury. — Tit Jluoriranga, alias Tu Afaoririre, 20, was charged with this offence, in that he did on the 13th day of October, 1873, at Gisbornc, before William Kerr Nesbitt, K M. , deny putting his mark to an order for £20 in favour of J. T. E llogan. — Mr. Brookfield, Crown Solicitor, prosecuted. —Prisoner was undefended. — Mr. J. E. Brown, licensed interpreter, interpreted the indictment to the prisoner. It was a very lengthy document, and the reading and translating occupied nearly an hour and a half. — Prisoner pleaded guilty, and, in reply to the usual question why sentence should not be passed, made a statement to the effect that In perjured himself at the instigation of another person. — His Honor, in passing sentence, said that the crime of perjury was a very serious one, and it must be taken note of accordingly. In this case, however, there was the consideration that prisoner had been tempted. to commit this crime at the instigation of a thud party, and the person who had endeavoured to make the prisoner speak falsely was very much worse than the prisoner' himself. If he could be found, and it could be proved that he had done this, he would have to suffer severely for it. But in order to teach the prisoner that neither Maori nor European could be allowed to speak falsely without punishment, and considering that prisoner had already been nearly three months in gaol, His Honor thought justice would be met by awarding prisoner one month additional hnpiisonment with hard labour. — Piisoner was then icmoved.

Wilfpl Murdkr. — McUtheio Moore, 24, was charged with the wilful murder of Richard Barrett, on the 21st of October, 1873. — Mr. Brookfield, Crown .Solicitor, opened the case to the jury. Mr. Joy de fended the prisoner. The facts of the case are well known. — J. H. Hooper, M.D., deposed that on October 21 he was called to attend the deceased, whom he found lying in the kitchen at the back of a house in Shortland-street. He was wounded on the back of the head, at the side, and on the loweripart of the nose. Witness dressed the wound about 11 o'clock at night. Saw deceased next morning, and by witness' advice he was removed to the hospital. The piece of iron (produced) might have inflicted the wounds. Could not, from his own personal knowledge, state from what the deceased died. The wound on the 'nose might hav: been caused by a fall.—^Cross-examined e Deceased was not near the pool of blood, which was near the door. Did not consider any of the wounds to bo mortal. — T. M. Plulson, Provincial Surgeon, had made a post mortem examination, and found that the cause of death was serous apoplexy, caused by intempeiate habits, no doubt aggravated by external violence. — Edward Welsh deposed that prisoner was in his house at the time of the occurrence. The house was situated near some steps at the left hand side of Shortland-street. On the 13th October heard cries of "Murder," and taking a small broom with him, went to see what was the matter. He found prisoner standing up, and striking Barrett, who was on his knees. Witness struck prisoner with the broom handle, warded off blows from the deceased, and said, " What are you striking an old man for ; you ought to be ashamed of yourself. Go away." Prisoner then left. Witness in a few minutes picked up the old man. Deceased's usual behaviour was peaceable. —Cross-examined by Mr. Joy : Witnes , was not under the influence of liquor at all that day. The prisoner wrenched the broom from witness when he struck him with it. There was no light in the deceased's room, except a reflection from the kitchen. — To the jury : Would swear positively that he did not know what it was prisoner struck deceased with. — Thomas Garnaut saw a man at Welsh's back ■ door, and told him to go away, or he would send some one that would make him. — Jeremiah O'Connor, Sergeant, A.C., gave evidence of finding deceased in the kitchen at about a quarter to 8 o'clock. He sent to Mr. Fish, the chemist, to come and stop the bleeding. Saw Welsh there also ; he had no blood about him. Shortly afterwards, in company with Detective Jeffrey, witness went in search of the prisoner, and found him concealed at the foot of the cliff, and apprehended him, charging him with assaulting Richard Barrett. Pnsouer had a cut on his head. There was blood on his face ; but it did not come from the cut. Prisoner said he went to the house to see the woman Rogers, who was living with Welsh. — Crossexamined by Mr. Joy : Prisoner said Welsh was the whole cause of the row. Welsh wa» slightly in liquor. The accused was recovering from the effects of drink. Barrett might have been drinking. — Martin Grace, detective officer, found a piece of hoop-iron (produced) near the pool ot blood in Barrett's room. On November 2, took the prisoner from the gaol to the hospital. On the way back to the gaol prisoner said there was no one saw him commit the assault. — Thomas Broham, Inspector A.C., went to the hospital to have the dying deposition of Richard Barrett taken. (Deposition put in evidence.) — Mr. Brooklield summed up the evidence for the prosecution ; and Mr. Joy addressed the jury on behalf of the prisoner, trusting that the jury would not give a verdict on the minor charge, but acquit him entirely of the serious offence attributed to him. in the course of his remarks, the learned counsel threw great discredit on the statements of the witness Welsh. He asked them to look upon Welsh's evidence as utterly unworthy of belief. Until they could feel sure that it was prisoner's hand struck the blow, they could not find the prisoner guilty. — His Honor then summed up the whole evidence to the jury, who retired, and in a few minutes returned into Court with a verdict of Not Guilty. — Prisoner was then discharged. — The Coui't was then adjourned until Monday morning at 10 o'clock, when the case of James iiycroft, Btealing from a dwelling, will be taken.