At the half -yearly sittings for the trial of criminal cases, on Tuesday last, Charles Howis Enderby was charged with stealing a gold watch and chain, the property of Geo. Henry Myers, a sheep farmer residing in Nelson. Prisoner pleaded not guilty, and a jury was empanelled. Mr. Pitt acted for the prisoner. The evidence adduced showed that Mr. Myers had been kind to the prisoner, and had him staying at his house. On one occasion, the night of the 25th or 23rd September, when prisoner and Mr. Myers were together, the latter had got much the worse for liquor, and, when in the bar parlour of the Coach
and Horses, he attempted to wind up his tWtch, he fell down on the floor. The landfUHliMr. Potter, saw him fall and the watch ; «wßf and seeing priioner pick up the watch he <Potter) suggested that it should be left ' In his custody until next morning, when its owner would be sober j but prisoner said he lived with Myers, and would take it home. Next morning prisoner told Mr. Myers that he (Myers) had smashed his watch to pieces the previous night, and at the request of Myers prisoner said ho would go and look for the watch. He went out, and shortly afterwards returned with the cap of the watch, saying that was all he could find. Mr. Myers told him that the cap was of no use, and he gave it back to prisoner. Shortly afterwards prisoner deposited the watch with Mr. Cann, tailor and clothier, as security for the price of clothes furnished to him. The chain he gave to Mrs. Morey, a lodging-house keeper, to take care of for him. Mr. Myers saw the watch in Cann's possession, and identified it then, and both it and the chain were subsequently handed ovej to the police The witness identified the property. Evidence as to previous character of prisoner was brought forward, but beyond the fact that he had come out to Canterbury as surgeon of a ship, nothing particu'ar was elicited. The jury found a verdict of « Guilty," &nA the Judge, in passing sentence, said that the prisoner had evidently been rapidly descending in the social scale. Sentence : One year's imprisonment, with hard labour. Under the heading "Judges, Juries and Prisoners," the Nelson Colonist makes the following remarks in reference to grand juries :— " There is another legal point which •we presume will be tried to-day. It raises the question of the use or ÜBelessneas of a grand jury. A man named Bennct was indicted for stealing a watch, with an alternative count of feloniously receiving the watch. The Grand Jury ignored the first count as regarded stealing, and found a true bill on the second o£ receiving. The Common Jury gave a verdict of aquittal. This man too was detained in custody, and we hear that another bill of indictment for the theft is to be presented to the Grand Jury. The Crown cannot again indict for feloniously receiving, became on that chat-go the accuser! has been tried and acquitted. The Grand Jury, whose business it is to find prima facia? evidence (if it exists) for going to trial, threw out the bill as regarded theft. Is it competent again to lay another indictment for the same offence against the same person, after such a finding by the Grand Jury ? And if bo, what really are the functions of the Grand Jury, aud how often may such double presentment be repeated ?" Death of T. W. Anuli,, Esq. — On Satur. day last one of the largest funeral processions ever witnessed in Nelson took place upon the sad occasion of the interment of T. W. Antill, Esq., late Manager of the Nelson Branch of the Union Bank of Australia. The suddenly fatal termination of a short illness, the widely spread acquaintanceship of "business connections, and the estimable private qualities of this gentlemen, have all contributed to cause a very general and unusual impression in this community. Mr. Antill arrived here from Geelong some three or four years since, to fulfil the duties of his first managerial promotion, and throughout this term he showed a strong desire to flulfil the duties of good citizenship beyond the sphere of business. Almost from the first day of his arrival he not only took much interest in the successful operation of the Sunday Schools connected with the Episcopalian Church, but what is of far more moment his symyathies in this direction were of a practical nature leading him most assiduously to superintend their din. Ctetion every Sunday. For two years he held the office of Churchwarden, and was also treasurer to the Synod, for which he besides acted as Secretary in conducting its accounts. These general proclivities to activity and usefulness, having made his removal an oblervable loss ; and the marked and general respect which swelled his funeral train, is deserving of record as a tribute and as a lesion in social usefulness. The cortege, conlisting of more than twenty can lager, ten, horsemen and many on foot, lei by the Rev. G. H. Johnston, moved slowly on towards the New Cemetery, Surburban North, where many more had collected to hear the last solemn words impressively delivered, at the resting place of one who as father, husband f and citizen, had earned much and well dePiWffed esteem.— Colonist, May 19. saw-filer in the country puts out a sign c form of a handsaw, with the words, v Dentist" painted on it.
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NELSON., Evening Post, Issue 91, 25 May 1865
NELSON. Evening Post, Issue 91, 25 May 1865
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