SUPREME COURT.

Hawke's Bay Herald, Volume XXI, Issue 5555, 9 December 1879, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. Monday, December 8. (His Honor Mr Justice Bichmond presided.) The proceedings of the half-yearly sitting of the Supreme Court were opened at 10 o'clock. THB GRAIfD JURY. The following gentlemen were sworn in as the Grand Jury :— J. G. Kinross (foreman), T. W Balfour, E. A. W. Braithwaite, Archibald Bryson, Samuel (Darnell, Philip Dolbel, W. A. Dugleby, A. M. Foster, F. W. Garner, J. Garry, E. G. Gibbons, M. Groom, G. Heslop, R. Holt, ! J. S. Large, M. E. Miller, H. Monteifch, i J. W. Neil, G. A. Oliver, J. Orr, G. 83. G. Eichardson, W. Smith, G. H. Swan. THB JUDGE'S CHARGE. ■ His Honor then charged tho Grand Jury as follows:— Gentlemen of the Grand Jury — The calendar is somewhat heavy, and twelve persons are implicated. Eight of 1 the offences are against property, and the other four are violence against the person. 1 In three of the cases the prisoners are ' aboriginals. One of the cases is, as you are aware, of transcendent importance. Upon that, however, I have almost no--1 thing to say to you. You are aware, of course, that this case has stood orer from the last Circuit Court, at the request of the Crown, concurred in by the prisoner, tinder these circumstances the depositions cannot be expected to present the 1 case which the Crown will be prepared to lay before you. I shall therefore make no comment upon the case as disclosed by the depositions, as it is certainly possible — I may say probable— that a more complete ease will be presented to you. No doubt you all feel that it is a case which both in the interests of the public, and very likely in those of the prisoner, a public; investigation before a special jury is desirable. At the same time do not suppose that I wish in any way to dictate to you in your exercise of the rights and function devolving upon you. , You ought to be Batißned, whatever 1 people may say out of doors, that it is a proper case to go before a jury before you bring in a true bill. As to further advice, lam unable, under the peculiar circumstances of the case, to give you any. The other cases call for no remark from me, as I do not think you will meet with any difficulties iv considering them, but if .you wish for any assistance it is in my power to give, it. shall be given. Gentlemen, you may retire to your room. ! THB GISBOBXB ARMS BELLING CASE. The case of Michael Boylan, of Gisborne,' who was at the last sitting of the Court convicted on a charge of selling arms to a native without a proper license, but was enlarged upon bail pending an appeal, was mentioned. The Registrar said he had received a telegram announcing that the reßult of the appeal was in Mr Boylan's favor, but the official documents had not yet come to hand. His Honor said he knew that this was the . result of the appeal, but he could hardly release Mr Boylan until the proper official intimation was received. Still he thought that under the circumstances the Eegißtrar would be justified in telling Mr Boylan that there was no necessity for his further stay in Napier. HORSB STEALING. David Nelson, indicted for horse-steal-ing, pleaded guilty to the charge, and also to two previous convictions. Sentence was deferred until this morning. MAOEI MORALITY. Meta, a- Maori, was indicted for rape upon a little girl under ten years of age, named Hene. Matakeno. I The Crown Prosecutor (Mr Ootterill) said that judging from the depositions the g|rl had been a consenting party, and the charge would not therefore hold good. ' Subsequently his Honor examined the girl, and said he was satisfied, that there'

was consent, but he directed a fresh indictment for. oarnally; knowing a girl under ; yeara^of age c preferred. ! Hori Heme, Eapi, •^w&BSwttlpßr' d Wiremu Te-o--.<-wavTO]Q)3fgltt»ed for having committed a violent assault Upon one James RichardSon, on November 23, in the Poverty Bay district* * " .^, s jlenaia ; Keteama -plettded-goilteisioeand. TOB. reiriovedj the dther four^risonew pleaded not «gUiltVi l -*•• / - * K ~ *■ n '-. -- l&iSi -fi. Hanafin interpfeted^S»si^i The Crown I*rose;cat'or,riiiti'bpe I riing the" case for the proaeoution; said the 1 assault — ' waa one? which ' dc&asidnM BET harm. On th 6 date* hUhtfd&d"TO!3f the prisoners met Richardson some distance Trrom a-pffblicihoiise; a^a : they T 'wejs£ ? 6H'e"ri?£ -together 'and had a drink. Richardson, gave one,ofTthem &'fa>til<aj,p£l spiritsUxft take home for, him. d?risonera|went_awast, a Q 1 and about ati hour &tist RjchaVdsoD also left the hotel, going -inthe sameiolirectipn.- .,. n He had ript,g^ne%rl^hen.lh 3 # meJW 1110 four pnaoi^ra and another ''{6m nam^d Renata. They; had Borne lords' about this bottle of .spirita.-r-Pi'Qflecutor^totrioff hia hprae, but they became a fittle "lighta w e v m° he mounted Jiis'.horge' and rod(H^ r « offjpr^neragallppin^fte^lmV 1 frfsS cutor had gone some distance^ he wjK his horse,., and leffctfing'eiiHible. oii.-thii.uO ground, untU he,, was' found and takatbw<3 anray.to the hoteli^^l medical riian dtfaM examination found hTs : injuries- to-lW ijl «* , severe. . V-Ti ... idih.nn&fi ■'■ JTames, Richardson., John Motley Smith; _ and' Henry Wo^imf^l% v U^ oi^T f ? c^.?B Bt^^;^e;pro^;i*^sM». „■*• William Japkao^, p L rac«feer,t Iv) f c sostained, Dr, , J^kaoft. fiadi l e^mmS' ? !; Jv?f ld f n^ a 8? Bfcrate?BiGourt\and.fo8 fcrate?BiGourt\and.fou 9 4f .y that he i had; _& Wverencohtußidn oW4h&»f)<« chest j there one $dnUriu l otis/.'bruise.l.' : , extending right over th<f che'rttf«.vf hejem i was also a out over the right eyebrow, iJa"v>s scalp wound, a bruia« pver the : 'i&w^mA^' the remains of a- Wuise 'on tK6"neck;ii' Though much hurt he was ( nbi disabM"'/ 5 ' from going about his work.' , '" ' * By the Court; Richardson, <iojiTd.to ftrt< haye received' the injuries m a^runni^"^ he f muat have been knelt upon and severely ?"\ used. When, witness Baw^icbardspnttr' was; eight days ajEtei: ;> the aßsaiitt, a^cthie ?., : „ had recovered : a , good deals from the iiiWr-, juries inflicted. He, muai:.'Jiavßir ; beiß> H lik serioualy squeezed by . his: > chesfcibeingitsij knelt upon. His neck appeared, to have also been squeezed, 'and though hot permanently^ injured .he must have been seriously ill-treatedr, — Renata. Kereama was .brought , ln sworn; The evidence^ that had'beengi^eS A by- Richardson* having. been interpreted to him, he admitted that he had^confeJbiack, with another . .of ihe prispnfra ,^a^ilßE t saulted Eiohardson a aecond; jjbime^^^ was the one who came back with witnefiajjjjj and Hapi was the man—who knoolfed Richardaohoff his'h6rse;r .'AY'AQfIi-JO .JTO' f Hapi. aaid he knew - nothing of' the coming back ; he knew only of . one-beat- ■ ing given to Bichardsoia. i *£,'%l£ Renata still maintained that Hapi - had assaulted Richard3bn C! a''Becb v ndjbime,_j. adding, in. reply Jtq hia, Honor, ,that tljtOv.,. quarrel with *■? T^orky " arose ,througn the '* latter's rum having been drunlc. '[ Iwnata admitted that he had himself '; 'beatea-'^ Richardson. ' ' , •, : ',"* : *.' y^r^'\ Hapi then made a statement, in the '-•■ course of which he charged^R^natiaf'^itE o having done all the i beating! '^ : He r alao said that Richardson had Struck- one 'of the prisoners. . The other prisoners cong.~r firmed Hapi's statement. ; . >- ! 't. j:\r,}..] Hia Honor having summed up, ' ' The Jury retired, and after^ about" *n -^ hour's absence returned inio Court with a verdict of guilty against Hapi, acquitting „' the other three prisoners. : - „ , ' „ v ,r „ Hapi was ordered to' be brought up r foi: sentence on the folio wing" ..iriorping"' together with Renata Kereama. ' ' FORaEBY. ' ' •-■•■•■■• iGeorge Henry Stuart pleaded guilty, to I forging and uttering an instrument J for!-. C £400 with intent to defraud, and "was ' remanded for sentence until the fplldwing'i morning. ■'•"' ■• /I LABOBNY, Thomas Duckett was indicted for the larceny of three coats, one pair of trousers, and other garments, the property of George William Flint, storekeeper^ of — Wairoa. .-..., ■ • ,-- r ; y , { -< v^ The priaoner, who pleaded not guilty^ waa undefended. j George William Flint deposed that on I the 17ch of February ' last shiis latbre at Clyde, Wairoa, was burned down. Witness employed the prisoner tojhtttegL goods from the burning store to w^gaj^| brother's house. In July last identified an ulater coat at Mr Jonnß^ffsT^ a tailor at Clyde, as one of those : that* were in his store at the time of the fir& ;j- -" also a boy's pilot coat. WitrießS'" laid'an <; " information with the police, and a se'aircK .^ : warrant having been proceed • witness ""•* and Constable Shaw' proceeded '.j'tophe prisoner's house and' there founc[ the cbat,, <n trousers, waistcoats,' &c, J produced.' „v Witness said he found them behind the " fence of hia house on the morning of the — fire, and , was afraid, r to bring, them / baok T , lest he should be Accused', >f stealing them. All the articles were exactly like the stock witness had, and/though firmly believing them to be his he could not swear to them. Prisoner's? fence/ w,as about sixty yards from the store 'Hg£!j^fpM% burned down, and was not oniih^^p^M from the store to witness's 4>*oxneisi@»

place. •- '.''/' r< '\y : ' ls '\-'"; ' A \{ George Mayo depoßedJthat on^he^Tih ©'£ • " February last he sold Mr ,E,lint's. Baliyage f; ■' stock. There "was: nothing .'sold .to tneprisoner. • ; .',-. Peter Johnson tailor at Clyde,, deposed f that on the 20th of July thy prisoner* [brought the ulster- coat ' produced and -wanted witness to alter it. Prisoner said*"he had bought it after I?li»y£, ! fire. ASM Hjk , owed witness 13s, and he said if witness ~ gave him 12a 6d witneßß could (have the coat. , Witness did so. Two ; days after prisoner came with some more' thingst There was a boy's overcoat^ waistcoat, and trousers. Prisoner said he ' had bought them at Smith's bankruptcy sale. Witness gave prisoner a waistcoat and 12s for the lot. ' :j ■ ; " :

- .Constable Shaw, deposed/. that, in," July last he went with Mr" Flint "fo "Mr John- r son's shop and got some clbihes ■ which iair^' Flint identified aa his property. Afterwards witness searched the. prisoner's^^ house. Prisoner produced som^clptfiei | which he said he had found at the back of™ his fence on the morning of. the fire.' ,^^ nes3 asked if there Prisoner replied that he belieyed tn§!;g 7 V a were. Witness then went to .prisoneVflj , r j box and took out some articles iwhiohpri-,;;? soner said he had also found at the back; w of his fence. r ■>■:-- -.in It- *it,yq George Mayo being recalled •aV'itheiprisoner's requeßt, stated that : he7'hS&' f '* known the prisoner for aomS yekra^i^ hard-working man, au f d : had never' Uesad. anything dishonest of him. . - . _ < „ . , A^ (The prisoner made a statement, tpjjie^if effect that he had found all. the articies»m;[J his garden at the back of the. fence; -'J-: &mm His Honor having summed up,b-themr jury, without retiring from- the a found the prisoner guilty. '-' ;f: - , :.i . CKK^ His Honor remarked that the if Qafili e * might have been dealt with wit&o'utW^ being sent to the Supreme Clourt ' i or m ' trial. It; was a mean act for tRe prisoner to do to steal articles from a man whose place had been burned down and — who had employed the prisoner to re&b^^^ them to a place of safety. 'However, taking into consideration the goo 4 character the prisoner had borne and thViime he had already been in prison, the sentence would J/[ only be six months' imprisonment with hard labor. , The Court was then adjourned until this morning at 10 o'clock.