Friday, May 15.

Hawke's Bay Herald, Volume 13, Issue 1049, 18 May 1869, Page 2

Friday, May 15.

(Before His Honor Mr. Justice Johnston.) The Native Prisoners, Mr. Wilson applied to tbe court for an order to postpone till a future sitting, the trial of the natives charged with murder in Poverty Bay, shewing, by affidavit that it had been impossible to procure the necessary evidence for the prosecution. His Honor said that no depositions had been taken according to law. It appeared to him that the ends of justice would be better met by discharging the prisoners in order that new indictments might be laid. The question was how long these prisoners were to be kept in custody, waiting trial. Mr. Wilson said he had authority from the Attorney-General to state that a special commission would, if necessary, sit for their trial. He would apply that the trials take place at the September sittings in Wellington, unless a special commission sat upen them before that time. His Honor then ordered the prisoners to be brought into courfc, and explained to them, through Mr, Hainlin, interpreter, that if they demanded their discharge, he should be obliged to give it to them, but that such discharge would be of no avail, as they would be immediatelytaken again by the officers of justice. He explained to them that they could be much more conveniently tried in Wellington. TJpon being asked, they made no objection to their trials being postponed, and the order was granted for the trials to take place in WelSngton. Horse Stealing. The grand jury found a true bill against Thomas Dureaiv for horse stealing. His Honor then thanked them for their attendance, and discharged them.. Thomas Durean was charged with stealing a gelding the property of George Brewer, and the following petty jury were sworn: — George Pilcher, James N eagle, ThomasEde, G. H. Stewart, John Brewer, Frank Eoper, John Elms, H. Ingram, F. Baldwin, W. Montgomery, J. Davidson, and George Willis. Mr. Wilson conducted the prosecution on behalf of the Crown ; the prisoner was undefended. Tbe following witnesses were called : — Thomas Scully, deposed : — I am Inspector of police. I apprehended prisoner on the 3rd of this month, in an office occupied bjr Mr. Russell. I told him I took him on a charge of horse stealing. . I asked him whcro the horse was ; he said in the opposito stable. I put prisoner in tho lock-up, and afterwards went to the stabio. I thero saw a grey horse, branded three pronged fork with circle on top. Prisoner told me that he received the horse from H. Williams. George Brewer, being sworn, said :-— I am a blacksmith living at Kaikora. I missed a horse on Friday, 30th April. I had put him in a paddock near the house. I next saw him in Focett's stable on the following Wednesday. I have no 'doubt of its being the same horse. Charles Focett : — I know the prisoner ; he asked my terms for keeping a horse. He brought a grey horse, it was in my stable for three days. J. Carroll was sworn at the request of prisoner, but was unable to give any evidence bearing upon the case. -The prisoner, in his defence, stated that he received the horse from a man named Henry Williams in exchange for his own. His Honor, after briefly summing up, left the case to the jury, who returned a verdict of Guilty.

'Mr. foully was asked by his Honor if he knew anything of the prisoner's character. VH^ ?aiafte had received several telegrams charging the prisoner .with horse stealing in different places. His Honor, in passing sentence,, said : The present charge is apparently only one of a series of crinT.es. I shall give you the same sentence as that passed upon two men at the last sitting of the court here for a similar bffence, viz., 10 years penal servitude. The prisoner was then removed. This . ended the criminal calendar.