SUPREME COURT, HOKITIKA,

Grey River Argus, Volume XIV, Issue 1761, 27 March 1874, Page 2

SUPREME COURT, HOKITIKA,

Wednesday, March 25. (Before his Honor Mr Justica Richmond.) [from our special reporter.] conspiracy. The trial of James and John Hayes for conspiracy was again resumed. By the evidence of Inspector Goodall it was shown, in addition to such facts as he had previously deposed to, that James Haye3 had carried on business as a publican at Addison's Flat, in a house which he stated that he had bought from his brother John. The house was, to the best of his recollection, named "The Shamrock," and the license to James Hayes was issued shortly before he left the employ of Messrs Mulligan and Halligan, drapers at Addison's. Goodall also stated that he had heard that James had been insolvent. The license referred to was issued to James in 1868. When Goodall went up to Half-Ounce with Thompson on the second occasion to arrest John Hayes, he had, however, heard that there was likely to be resistance to Thompson's seizure. He had been told so the night before. With Goodall's evidence the case for the prosecution closed. As before, no witnesses were called for the: prisoner James Hayes. Mr Guinness then addressed the Court for the defence, after which the witnesses on behalf of John Hayes werp called, named James Mulligan, James M'Laughlin, and Alexander Foldi. Mulligan stated that he had never known James Hayes to be carrying on business as a publican, and that when he left the employment of the firm of Halligan and Mulligan, he went up the Grey River by his (Mulligan's) advice.- Previous to entering their employ James Hayes was keeping a small store with a partner, and " things went queer." He believed they were insolvent. James, while in witness's employ, boarded with his brother John. Jame3 left their employment because they closed the house at Addison's. Never heard of prisoner coming down to Hokitika-to get a barmaid. James left their employment on November 26, and had opened an establishment at Nelson Creek in time to take a large sum of money at the succeeding Christmas, as he had stated to the witness. He knew nothing at all about a license. The witness M'Lausthlio. had never known a managing assistant draper upon the go'.d-fields paid for his services by a proportion of the profits instead of wages." He had advised John to take out in goods the money which both brothers had told him that James owed to John, and had also advised him to re-open the store at HalfOunce. Alex. Foldi that he knew of a house in Granville which John Hayes had purchased, but since disposed of. Mr Staite then addressed the Court on behalf of John Hayes ; after whom Mr South replied for the crown. The Court then adjourned for half an hour, in order that the jury might have some refreshment before being charged by the Judge. At half-past two the Judge commenced his charge to the jury. As the charge was necessarily in a great measure a repetition of that delivered on the first trial it is not necessary to givn it at length. At half-past four the jury retired. At ten o'clock his Honor again took his seat, and sent for the foreman, who said that they had not yet come to a decision. At twelve o'clock the foreman said they had agreed, and that they found the prisouers guilty on the first count, with a strong recommendation to mercy as regards John Hayes ; not guilty on the second count. Mr Pitt asked that his Honor would not proceed to pass sentence until to? morrow, -to which the Judge consented. The Court was then adjourned until ten o'clock on Thursday.