SUPREME COURT SITTINGS.

Gisborne Standard and Cook County Gazette, Volume II, Issue 191, 4 September 1888, Page 2

SUPREME COURT SITTINGS.

The Supreme Court sessions were opened yesterday morning in McFarlane's Hall, before the Chief Justice, Sir James Prendergast. THE GRAND JUBY. The following gentlemen constituted the Grand Jury :—A. C. Arthur. J. Berry, G. F. Butt, J. Bourke, G. Bourn, W. F. Crawford, T. Dalrymple, J. C. Dunlop, A. F. Hardy, .A. Kempthorne, E. A. Knight, R. Louden, E. Morphy, A. R. Muir, F. Morice, A. McPhail, M. G. Nasmith, W. O’Ryan, A. Parnell, R. J. Reynolds, J. Somervell, G. A. Smith, F. J. Skipworth, R. Thelwall. THE CHIEF JUSTICE’S CHARGE. His Honor in his address to the Grand Jury said the calender might be considered to be a light one. On this occasion there were three persons arraigned on a charge of libel. This charge was made against the proprietor and also against the alleged editor and publisher of a newsps.per published in this town, and the prosecutor was a Mr Bourke, who, he understood, was clerk of the Borough. They would have the libel before them for tbeir perusal, and it was for them to say whether they were libels on the prosecutor. They were aware that a libel might be made the subject of a criminal action where the libel was of a gross character, as to make it, in the view of the Grand Jury, a proper case for the proceeding. But where a libel was on a public officer, especially where it was of a gross kind, that was a proper case for criminal proceedings, and it was for them to say whether it should be brought before a jury. Anything that was calculated to loweqa person in the estimation of others, or Ai . thing that was calculated to bring a . into contempt or injure him in his profeoHF>* or occupation, or imputed to him miscowduot in his office, was defamatory, but with that they had nothing to do. All they had to decide was whether the articles were defamatory of the prosecutor. No evidence could be educed before them as to the truth

or otherwise of the libel'. Was it published by the defendant, or was the defendant the proprietor were the questions they would have to settle ? This being a criminal offence the offenders would be committed to prison if convicted. There was a charge of perjury in which it was alleged that the accused swore before a magistrate that he had not received an order from his employer, upon aMr McMillan. It would be for them to say whether he swore falsely, or that he knew he did so. If so, that would make a prima facie case of perjury. He thought it was a case in which the employer should be made an example of. It appeared that the publican and the contractor for the work were in partnership, and that when the workmen were paid they were given an order upon the publican for their wages. They know as a result that the publicans were thereby in. duoed to give credit, and take the payment out of wages. Nothing, to his mind, could ba more shocking than this. There was also a case of false pretences, in which it was alleged that the prisoner went to an hotel, and on making representations that a horse in an ad. joining stable was bis and that he was the owner of a run up country, obtained board and lodging, money, etc, There was also g charge of rape by a European upon a Maori woman, upon which he would make no comments. True bills were found in all the oases. BATE. William Black was acquitted on a charge of rape on Rota Tahua.-—Mr Brassey appeared for the prisoner, and Mr Nolan prosecuted. The following jury were empanelled;— A. Blair, (foreman), Daniel Courtenay, John Waugh, Edward Yardley, John McFarlane, Thomas Faram, James Finlay, Daniel Craw, ford, Albert Barber, Andrew Tuohey, F. Bull, and Henry Hamblett. Mr J. Brooking interpreted. The Crown Prosecutor in opening the ease, said the offence was committed between Tamatawhanui, a Maori settlement on the Coast, and Waipiro. Evidence was given by Rota Tahua, who deposed that the prisoner met her between Makarika and Waipiro, and assaulted her. After the offence was committed she asked hup for payment. There was no one about at the time the offence was committed. She after, wards went to Waipiro and complained of the offence, and shortly after found the accused at the Tawhiti hotel.

Mere Wharepapa, Hone Dalton, and Constable Gerrard also gave evidence.

His Honor in summing up Slid the woman had condoned the offence by asking for money after the offence had been committed. The prisoner was acquitted. PEBJUBY. Thomas Martin was charged with committing perjury, at Toioga Ray. He pleaded not guilty. The following wore the jurymen Messrs George Grant (foreman), C. W. Ferris, R. Moore, R. Knox, R. Johnston, G. Stevenson, L. Dunn, A. Bond, G. Poulgrain, Meßretney, Gibson, W. Crawford. Sergeant Stagpoole deposed that accused sued Kilburn for wages alleged to be due. He denied having seen the order produced by Mr McMillan. James Booth, Resident Magistrate, algo testified that Martin had denied seeing the order before.

George Kilburn deposed that he gave accused an qrder qn McMillan for the balance of his wages. About six weeks afterwards saw prisoner, who asked him for money, Told him he had the order, when prisoner said an order was no payment. > By Mr Delautour : Made the orders in tlwa room n“Xt the bar. McMillan was interested in the contract. Did not know that McMillan stopped the men’s accounts out of their money. Martin was working at SfcMillan’s before |ie worked for him. Never had ‘ any conversation with prisoner about the money between the time of settlement and June. Prisoner said he had not had the money. Told him McMillan had got it. Found out on enquiry that the money was not stopped for liquor and cash lent, eta A. McMillan: Whs a publican at ToloJa Bay. Kilburn gave orders on hint while carrying on Arqhiki contract. Recognised the order as qqd ' given him by prisoner, Prisoner said n never mind giving me any money, Mao, I owe more “-—that.” The monav money mau „ ..aS to prisoner, Prisoner came to him two days before the summons was issued against Kilburn. Told him he was ‘i too tight," He then said he would see about the order, and he would let him see that an order was hot legal payment. By Mr DeLautour: Was told to produce the previous orders, but could not get them, as Kilburn bad them- Had received about 50 orders altogether over the contract, Only three were endorsed. J. Mardell also gave evidence. Prisoner had tern drinking at the time the order was given. Mr DeLautour submitted that more evidence was necessary that Kilburn's and McMillan’s as they were both clearly prejudiced by the perjury, H. Burston : Heard a conversation between prisoner and Kilburn. Prisoner asked Kilburn for a settlement and Kilburn said he hqd given McMillan the order, The jury retired, and returned in a few minutes with a verdict of " Not guilty," FALSE PBETBNCES. Thomas Broomhall Smith was arraigned on a charge of obtaining board and lodging, drink, cash, etc., from Frederick Cassin on false pretences. Prisoner pleaded “ Not Guilty." The evidence in this case was similar to that given in the R.M. Court. The jury were locked up until 11 o’olook last night, and as they were then unable to agr ’i> they were dismissed. As the Crown Prosecutor did not apply for a new trial, the prisoner was discharged.