SUPREME COURT.

Hawke's Bay Herald, Volume 12, Issue 941, 9 May 1868, Page 2

SUPREME COURT.

This court, in its civil and criminal jurisdiction, was opened yesterday at 10 o'clock before His Honor Mr. Justice Johnston. The following grand jury was empannelled: — Messrs. James Anderson, W. J. Birch, Cartwright Brown, J. It. Duncan, K. J. Hill, Alexander Kennedy, W. Marshall, T. E. Newton, G-. A. Oliver, John Parsons, Joseph Rhodes, G-. E. G-. Richardson, J. A. Smith, H. S. Tiffen, J. H. Vautier, J. JS T . Williams, C. J. Wishart. Mr. Rhodes was appointed foreman. Charles James Anderson, Edmund Carr, and Thomas Lowry were absent when their names were called. Mr. Anderson and Mr. Carr were excused — the former on the ground of absence at Wellington when the summons was served, and the latter on account of having met with a severe accident. Mr. Lowry (this being the second occasion of his absence) was fined £10, unless cause be shewn during the present sitting of the court. His Honor, in addressing the grand jury, referred in eloquent words to the loss the colony had sustained through the alteration in the plans of the Duke of Edinburgh, whereby His Highness had been prevented from visiting New Zealand. His Honor then referred to the calendar, which contained seven cases for trial, and reviewed the legal points involved in them. His Honor concluded by adverting to the state of the colony, which, though still in a depressed condition, was beginning to show indications of improvement. Stealing from a Post Office. The grand jury having found a true bill against Eichard Clifton, he was placed in the dock charged with certain thefts from the branch post office, Hastings street, the particulars of which will be fresh in the recollection of our readers. The prisoner pleaded guilty. Mr. Lee, on his behalf, asked the court to take action upon the 39th section of the Act, and give the prisoner— ho being a lad only 12 years of age — in charge of some one who would take care of him and assume such responsibilities as the court might direct. Mr. Cuff, solicitor, was willing to take tho boy. His Honor would require affidavits. Mr. Lee promised to have them prepared ; meanwhile the matter would stand over. His Honor quite felt that, with so small a building as the Gaol at Napier, whore there could be little or no classification of prisoners, it would be destruction to the prisoner to send him there ; at the same time the offence was one that should not go unpunished. A periodical whipping suggested itself to his mind as not inappropriate to the circumstances of the case. Found in a Dwelling House. Thomas Floyd was indicted for that, on the 2nd day ot January last, he was found at night in the dwelling house of one Thomas Collins, with intent to commit a felony. In calling the petty jury, Mr. J. H. Stubbs claimed exemption on the ground of being a member of an enrolled volunteer company, and his claim was admitted. John Wilkinson, who said he was ill, but who, in the belief of the Judge and the Inspector of Police, was intoxicated, was taken into custody by the police. Ultimately the following jury was empannelled: — John Hardy, John White, Peter Russell, William Withers, John Ferguson, H. Troutbeck, James Hastie, William Lord, William Tillers, James Mytton, Edward Collison, Frederick Curtis. The prisoner pleaded not guilty. Thomas Collins and wife detailed, in evidence, the circumstances, which we gavo in full at the time. The prisoner, it will be remembered, was found under the bed occupied by the witnesses, at 2 o'clock in the morning. Floyd, in addressing the jury, said that he was drunk at the time and did not know what he was doing. Next morning he found himself in a stable, and recollected nothing of what had happened. His Honor said that the question was, whether the prisoner had gone there with a felonious intent. This was a question upon which no direct evidence could be brought to bear. The jury retired, and, after a few minutos' absence, brought in a verdict of guilty. Mr. Scully, in reply to a question by the court, said that the prisoner had been convicted beforo, and was a bad character. His Honor said that had prisoner been indicted as a person formerly convicted, it would have been his duty to inflict a heavy punishment of penal servitude. As it was, the sentence of the court was two years' imprisonment with hard labor. Cattle Stealing. James Dempsey was charged with having, on or about the Ist February last, stolen one heifer, the property of G-eorge Spence. Before the following jury : — Henry Branson, G. F. Gibbs, .Edward Hawes, Gilbert 11. N orris, 11. Staplcton, William Hughes, Luke Bethel, C. H. Wilson, George Morgan, John Joll, Charles Day, Alex. M'Cormack. Mr. Cuff appeared for the prisoner. , William Anderson and G-eorge Clifton ■were challenged — the first by the Crown prosecutor ; the second by tho prisoner. The first witness called was — Greorge Spence, who deposed :— I am a

blacksmith, residing at Puketapu. Tlie prisoner lives on Meanee Flat; he is a dairyman. In September last I had a black and white heifer branded GrS on the near rump. I saw her on the Ist of September, on the Omahu plains. I next saw her in the month of February, in possession of the prisoner. He was bringing her down the Puketapu cutting, with some other cattle. I recognised the heifer. There was an additional brand,, JD conjoined, on near ribs, which was not there when I lost her. I asked prisoner where he got her, and he said he bought her out. of the pound six months ago, he having paid £2 17s. 6d. for it. I asked him to sell her back, and he did so. I paid him £3, and was to give two sets of shoes. Subsequently I met him and he told me he had bought the heifer from a native. By Mr. Cuff : — I pay the natives for my cattle running at Omahu. I believe the prisoner is manager of the dairy at the Catholic Mission. I never heard anything against his character. My brand was sufficiently legible. John Kechney sworn, deposed : lam a labourer, residing at Puketapu. On the Ist of September I went to Omahu with Mr. Spence, and saw a heifer there, branded G-S on near rump. I know that to bo Mr. Spenee's brand. I next saw the heifer, in the latter end of Jamiary, in Mr. Ellison's paddock. I recognised it, and saw another brand. I saw JD, which had been put on since. I saw the prisoner take it away — in the beginning of February. I told him it was Mr. Spenee's, and he said he had bought her out of the Meanee pound. By Mr. Cuff:— The second brand was not put on to obliterate the first one. He took it away at mid-day, on the public road. I have known the prisoner for two years ; he is a man that bears a good character. David McLeod gave evidence to a similar purport. R. D. Maney sworn, deposed : I am poundkeeper at Meanee. I know Mr. Spenee's brand. I produce the pound book. The heifer in question was not in the pound between September 1867 and February 1868. By Mr. Cuff :~The prisoner manages the dairy for the Catholic Mission Station. I have known him 5^ years, and found him sober, steady, and industrious, and altogether a good member of society. His Honor: — Is it the practice — the grossly imprudent practice — to buy cattle with other people's brands on them, without knowing from whom ? Mr. Maney feared it had been done too often, but this case would check it. Henry McClutchy, another witness for the prosecution, not appearing when called upon, his recognisances were ordered to be forfeited. Mr. Cuff addressed the jury for the prisoner. _ There could be no question that the heifer was the property of Mr. Spence, and that the prisoner, in stating that he had bought her at the pound, had uttered a falsehood. He did so to save himself from pecuniary loss, but in so doing acted very improperly. But there could be little doubt that his client had actually bought the heifer from a native, as he said, although he could not produce the native. The whole circumstances went to show that there was no concealment on his part, such as would indicate felonious intention, while his character had been such as to raise him in the estimation of his neighbours, and render it very unlikely that he would commit a theft. Mr. Wilson addressed the jury for the prosecution, explaining that the question of intent was the one to be decided, and by them. Mr. Cuff called the following witnesses to character : — Edmund Tuke. — I am a captain of militai'y settlers, residing at Meanee. I have known prisoner 4 or 5 years, and he has always borne an exemplary character. John Franoon, sworn, deposed : — I am manager of the Catholic Mission station, Meanee. The prisoner has been four years on the mission — three of which as a servant, and one as lessee of the dairy, which he has managed in a most satisfactory manner. His character is very good indeed ; I never knew a better man. His Honor, in charging the jury, said it was clear there were many loose transactions about purchasing cattle, and the sooner they were put a stop to the better. With regard to the case before them, the previous character of the prisoner told in his favor, the presumption of his innocence being thus greatly strengthened. But he must say that the prisoner's conduct in this matter has not corresponded with, his previous reputation. He not only told a deliberate falsehood, repeated more than once, but he actually, on a false pretence, got money from the true owner of the heifer. Whatever the result of this trial, his character would no longer be unsullied. The credibility or otherwise of the story told by the prisoner was for the jury to decide. The one account he gave having turned out false, might not the other be equally so. At the same time, loose transactions with natives for cattle seemed to be common, and, as he said before, the previous good character of the prisoner told in his favor. The jury, after a short consultation, found the prisoner "not guilty" — the foreman (Mr. Worgan) expressing an opinion that he had been sufficiently punished for his falsehood in the first instance. His Honor, without disputing the soundness of the verdict, did not think the prisoner had been punished at all. He was discharged, but not with tho good character he seemed previously to have enjoyed ; and he (His Honor) hoped this case would act as a caution generally against such loose transactions. Burglary. William Richardson was indicted for that, on the 17th. March, ho broke into the store of Mr. F, H. Drowcr, Waipukurau, and stole some money, including one foreign coin, aud other articles. Before the following jury : — Gilbert JNT. JSTorris, F. Curtis, John Harvey, Luke Bethel, James Hastie, Peter Russell, G-. F. G-ibbs, C. H. Wilson, W. Lord, John White, H. Troutbeck, Edward Collison. Mr. Drower, tho first witness, deposed to the circumstances. On the 17th March he left about £8 worth of silver in the till. This money included a rupee with a hole in it, by which it could be easily identified. He went to bed about 11 o'clock, and, next morning, found about £5 missing. Afterwards he observed thatone of the windows of the store had been tampered with. On looking round the shop, he missed several articles of merchandise. He afterwards accompanied the policeman to the whare of prisoner. He found a pruning kuife which he could certainly identify as his, a quantity of tobacco, soap, and castor oil. James Davidson deposed that, at 2 a.m. on the 18th March he was passing Mr. Drower's store. It was moonlight, and he saw prisoner come along under "shadow of the fence. He asked him what ho was doing without his boots. Prisoner said lie had slept in a gravel hole all night, and took off his boots to ease his feet, and asked witness where lie was going, saying ho would accompany him. When they reached tho corner of the fence, they came upon what appeared to be a heap of clothing and a new bucket. Witness

asked prisoner who they belonged to j he said they belonged, to him, and he was going to take them across the river in the morning. W. Goodwin deposed to prisoner being in his debt on the 17th, and apparently unable to pay; whereas on the 18th he spent 10s. or 155., and offered to pay the debt, 30s. James Bennett, policeman, corroborated the evidence of Mr. Drower as to searching prisoner's whare. To get in they had to shoot a large dog tied outside the door. Mr. Wilson addressed the jury, and His Honor summed up, saying that the evidence was very complete. The jury, without retiring, found the prisoner guilty. The Inspector of Police informed the court that some < government tools had since been found in his possession. His Honor said that this evidently was not the firstrobbery in which prisonerhadbeen concerned. It was a bad case, and he would sentence him to four years penal servitude. The court here adjourned for five minutes. The Post Office theft. The boy Bichard Clifton was again brought up. His Honor said that, on looking into the state of the law, he found he had no alternative than to sentence the prisoner to three years' imprisonment with hard labour — a sentence that, under the circumstances, he could not help looking on with horror. But he thought, if the Government were memorialized on the subject, His Excellency might exercise his prerogative of mercy. His Honor added that, meantime, he had the Gaoler's assurance that the lad would be kept apart from the other prisoners. Horse Stealing. [Before the same jury.] James Hughes and John Campbell were indicted for stealing a chestnut gelding, the property of John Evans. John Evans deposed that he was a carpenter residing at Meanee. On the 7th February he left his horse in enclosed ground; immediately after, he missed him ; and he did not see him again till last Wednesday, in charge of the police. Ann Lessington deposed that she was a married woman, residing at Karori, Wellington. On the 22nd February she saw the prisoners on the Tinakori road ; they had just sold a horse, and were offering another for sale. She looked at it, tried it, and bought it, together with saddle and bridle, for £5. She gave the receipt into court. She identified the horse outside as the one she bought. There was other corroborative evidence, which brought the guilt of the prisoners clearly home to them, and the jury, without; any deliberation, returned a verdict of guilty. There was a second indictment against the prisoners, for having, on the 6th February, stolen a mare, the property of Archibald Ingram, of Eangitikei. Ingram and several other witnesses deposed to the circumstances, and. the jury, in this case also, immediately brought in a verdict of guilty. His Honor, addressing the prisoners, said they were evidently wholesale horse stealers, and would have to be dealt with with a strong arm. A moderate sentence would be an insult to the community. For the two charges he would sentence each of the prisoners to ten years' penal servitude. The court then rose. It will sit this morning at 10 in its civil jurisdiction.