Supreme Court of New Zealand.

Hawke's Bay Times, Volume XIII, Issue 576, 11 May 1868, Page 2

Supreme Court of New Zealand.

This court, in its civil and criminal juris-1 diction, was opened on Friday last at 10j o’clock b efore liis Honor Mr Justice Jolm-j sion. The following grand jury was cm pan-! nc’lcd :—Messrs James Anderson, J. W. Birch, Cartwright Brown, J. 11. Duncan, | K. J. Hill. Alexander Kennedv, W. Alar-: ■-liall, T. K. Newton, G. A. Oliver, John' Parsons, Joseph Rhodes, G. Richardson, j J. A. Smith, 11. S. Tiffim, J. 11. Tautier,I. N. Williams, C. J. Wiahart. Mr Rhodes was appointed foreman. j Charles James Anderson, Edmund Carr,| and Thomas L > vry were absent when ( their names were called. Air Anderson j and Air Carr were excused—the former! l on the ground of absence at Wellington j I when the summons was served, and the | latter on account of having met with ai severe accident. Air Lowry (this beingit he S"-ond occasion of his absence) was) third ,€!'*, unless cause be shown during! jti:.- mvsent sitting of the court. | i llis Honor, in addressing the grand j incY, ref rrc 1 in eloquent words to thei 'loss the colony had sustained through tbe| j alteration in th e plans of the Duke of 1 i ■‘‘dinburgh, whereby his Highness had h>en prevented from visiting New Zealand. ■ His Honor then referred to the calender, i which continu'd seven cases for trial, and! | reviewed the Igul points involved in them. CRIMINAL SITTINGS.— Friday, Mat 8. STEALING VEOM A TOST OEIICE. The grand jury having found a true bill against Richard Ciifton, he was placed in the dock charged with certain thefts from the branch post, office, Hastings-street. { The prisoner pleaded guilty. Mr Lee,' on his behalf, asked the court to take action upon (he 3dth section of the Act, and give the prisoner—he 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. Air Cuff, solicitor, was vr illiug to take the boy. liis Honor would require affidavits. Air Lee promised to hare them prepared ; meanwhile the matter would stand over. I ILLEGALLY ON THE PREMISES. ! Thomas Floyd was indicted for that, on | the 2nd day of January last, he was found : at night in the dwelling house of one Tbos. | Collins, with intent to commit a felony, i The following jury was empanelled : i John Hardy, John White, Peter Russell. ;Wrn. Withers, John Ferguson, 11. Trout ibeek, James Hastie, W. Lord, W. Tillers, J. Alilton, E. Collins, F. Curtis. j The prisoner pleaded not guilty. : Thomas and Kliz iheth Collins gave evidence to the effect they found thepn-onor ' -3 4-U 1 3 „J. O ~ 4-K 0. % A T X unuu uiui ut li ut fc, a in. \j n li»C VIC* Tiic particulars of the case appeared in our issue of the 17ih Januory. ! Prisoner, in addressing the jury, said that he was drunk at the time, and did not know what be was doing. Next morning he found himself in a stable, and recollected nothing of what had happened. The jury retired, and after a few minu'es’ absence returned a verdict of guilty. Inspector Scully, in reply to a question by the court, said that prisoner had been convicted before, and bore 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 jthe sentence of the court wa» two years’ Imprisonment with hard labor.

CATTLE STEALING. 1 u S'utrS j/<sil; ;js-y was { wiiii having ' on or about the Ist February last, stolen one heifer, the property of Georue Spence, Before the following: jury ;—lf. Branson, G. F. Gibbs, Edward Howse. G. IT. Non-D, , 'W. Hughes, Lube ;si-ib-l.l ( C. ii. Vv iison, Georgo Worgan, John Joiij, Charles Day, and A. ArCormick. !, Air Cuff appeared for the prisoner i' George Spenco deposed : T am n black-; smith, residing at Puketapu. Tim ru-i-mueri. lives on Meanee Elat; ha is it dairvn in '■ In September last [ had a black and'whiie 1 h-uor branded GS on the near rump, Ip suv her on tile Ist September on ihe Omaha | jpbiini. I next saw her in the month of|, Ire hr nary, in possession oi the nrisom-r. Hc|| l-.vas bringing her down the Puketapu cut !' ting, with some other cattle. I records -,i the heifer. There was an additional brand!' —JD conjoined, on near ribs—which ;r ;l . not there when I lost her. I asked pri-! soner where he got her, and he said he |, bought her out of the pound six months j' ago, having paid £i 17s 6d for her. 1 asked I. him to sell her back, and lie did so. Ipald |! him £3, and was to give two sets of shoes. , Subsequently I met him, and ho told me! he bad bought the heifer from a native. ' By Mr Cuff: I pay the natives for ray! cattle running at Omaha. I believe the! prisoner is Manager of the dairy at the Ca-1 tholic Mission. I never heard anything j against bis character. My brand was saf-j----iiciently legible. • John Kcchncy deposed : I am a laborer! residing at Pukctauu. On the Ist Sept. I went to Oinahu with Air thience, and saw! a heifer there branded 6S on near rump)' I know that to be Air Spence’s brand. I . next saw the heifer in the latter end of Ja-e nuary in Air Ellison’s paddock. Ireo:-; nised ii, and saw another brand. I saw , JD, winch has been put on since. I saw; the prisoner take it awav in the beginning', of February. I tel 1 him it was Air Spence’s, i and he said lie had bought her out of the : Aleanee pound. ; By Air CuU : The second brand was not nut on to obliterate the first one. He took!, it away at mid-day in the public road. i| have known the prisoner for iwo years ; lie I. is a man that boars a good character. |! David APi.eod gave evidence to a similar [, purport. 31. D. ALirey sworn, deposed ; 1 am! poundki.-eper at Aleanee. I know Air; Spence’s brand. I produce the pound' book. The heifer in question was not ini the pound between September 13d7 andj, Febiuary ISfiS. | By Air Cuff:—The prisoner rranogesi the dairy for the Cathode Alission Sta-j ition. 1 have known him fd- years, amij found him sober, steady and iudustri-j ous, and altogether a good member oh society. i His Honor ; —ls it the practice—the grossly imprudent practice—to buy cattle with ether peoples h’-r.ndt on them, wjihout knowing from wliom ? Air .'>! army feared it had been done too. often, but this ease would cheek it. j iicury .U't'iutchy, another witness f>r tlie pvosoculion, not appearing when cal-1 led upon, his recogdisanccs were ordered I to he to; fei f c h j Air Cull ad h’cesed the jury for dm pri- 1 j soner. Tee could he no question that the I ihciier was the property <••(’ Mr Spence, and ! 'that the prisoner, in stating that ho h-ul! i bought her at the pound,'had uttered ni jfiil-eliood. He did so to save himself! from pecuniary loss, but in so doing acted j very improperly. Hut there could be tittle doubt that his client bad actually I [bought the belter from a native, as he said, although lie could nor produce (he native. , The whole circumstances went to show that there was I!0 concealment on his part, such as would indicate felonious intention, while his character had been such as to j raise Idm in the estimation of his neighbors. ' and render it very unlikely that ho would I icommit a theft.

Mr Wilkin address'd (he jury for the prosecution, explaining that tl;o question of intent was the one to be decided, and bv them. Mr CuiT called the following witnesses to character : hdiuuml I'ute—lam a captain of military settlers, residing at Meanoc. I haveknown prisoner four or fire years, and he 1 ha? always borne an oxcnii larv character. John J-' ration, sworn, deposed :—I am manager of the Catholic Mission Station. Meanoc. Tito prisoner has b- u four years on the mission— three of which as a servant, and one as lessee of the • ’airy, which he lias managed in a most sati'fac'orv manner. His character is re^v gOoh His Honor, in charging the jury, said it was dear there were many loose transac lions about purchasing cattle, an 1 the sooner they were put a stop to the better. Wit’ll rcg;*r i to tno case In-fore them, the jvi'cvuvcs ouiracier of (lie p-isomr told in his favor, the presumption of hi? innocence being thus greatly strengthened. Hut he must say that the prisoner 1 ? conduct in this Tini ter has not eorre«:mr>cled with ’rqmevi ms reputation. He not onlv told a idiLcraie falsehood, but lie actuallv, on a disc piatonc-e, got money flora the true; iowner oi the licilei-. V-. hatever the result of this trid, his character would no longer be nnsiiiimd, 1 he credibility or otherwise oi the story to;.I by the prisoner was for the jury to decide.. Xhe jury, after, a short consultation, found the prisoner “not guilty”—the foreman (Mr Worgan) expressing an opion that he hati been sufficiently punished for ins falsehood in the first instance. His Honor, without disputing the soundness of the verdict, did not think the prisoner had been punished at all. Ke was discharged, but not with the good character he seemed previously to have enjoyed ; and

hi* ( Jis Honor) hop'd this 0190 would act us a Ciuu'ju generally against bucll loose transactions. B?.*E3IAET. Y\ iliam "Richard'-on wn i ndicted for that, on rnfl 37th A Birch. ho b-oko in*o the store i°f Mr E. il. J.ir'wcr, Waipukursn, and jstole some money, including one foreign ieoin,, and other articles, i Before the following jury:— Gilbert j TTenevwond "Norris, B. Curtis, John TTarjv'3 v, T Bethel, -Tampa TTnatU Vm** jY-rsmU. G B. Gibbs. C, H.~Wi!snn* Jv'. ; B-md. John. White. H. Troutbeck, Edward I Co'd ; --on -Jr Prower the first witness, dcoosedi jto the circumstances. On the 17th March j he left about. £S worth of silver in the till. ;This inonev included a rupee with a hole I"t it, by which it could b 0 easily identified. ]7Tp w.'ut to bed about 11 o’clock, and. next , '.a mg, found about £5 missing. After- |". >r is he observed that one of the windows ! iof the store had been tampered with. On jlor.ksn r round the shop he missed several j art ides of merchandise. He afterwards •j accompanied the po’iceman to the whare |of prisoner. He found a pruning knife iwhieh ho could certainly identify as his, [a quantity of tobacco, soap, auii castor j oil, 'j James "Dayi'daon deposed that, at. 2 a.m. lon tlm ISth March, lie was passing Mr ■j Brower's 'tore. It was moonlight, and jlic saw prisoner come along under shadow | of the fence. He asked him what he was .Idoing without his boots. Prisoner said die l ad slept in a "ravel hole all night, ard j asked witness where ho was going, savin" iio would accompany him. "When they reached the corner of the fume. they earns upon what appeared to be heap of clothing ; and a new buck’t. "Witness asked prisoner who they be onced to; he said they bejlonged to him, and he was going to taka them aero's the river in the morning. : W. Goodwin deposed to prisoner being in In's debt on the 17th, and apparently unable to pay ; whereas on the 18th he spent 10s or Ids, and offered to pay the idebt, 30s. | James Bennett, policeman, corroborated the evidence of Mr T) rower as to searching prisoner’s whare. To get in they had to | shoot a savage dog tied outside the door. Mr "Wilson addressed the jury, and Hia jlTo nor summed up, ssvingthat the evidence .was very complete. The jury, without re.tiring, four ! the prisoner guilty. :| The Inspector of Police informed the ‘ieonrt that smnegovernment tools had since [been found in his possession. Ilia Honor ! j told fb.e prisoner that he was an old hand, pond that this evidcntlv was not the first I I robbery in which he had been concerned, nit was n bad case, and he would sentence ! him to f.,'ir v-'ars p-nnl servitude. The court hero adj lurned for ten minutes. Tim TOST OFFICE THEFT. The hoy Bichard Clifton was again illv-ou.dit up. His Honor said that, on conjM'ln'ing the particulars of the ease, he • found he had no alternative than to son- . jtvnce the prisoner to three years’ impri«oniip.’nt with hard labor—a sentence that, iinder the circumstances, he could not help j regarding with horror. But he thought, if , j tin- Government were memoralised on the ;subject, Ins Excellency might exercise his Miwerogative of mercy. His Honor added jthat, meautiri”, lie liad the Jailer’s assn- | -mce that the lad would be kept apart from j the other prisoners. UOUSE-STEVLrN’O, j James Hughes and John Campbell were jindicted before the same jury for stealing a j chestnut gelding, tiie property of John 1 Evans,

John Fvam deposed that he was a car* ler residing at Meauee. On the 7th Feb-muy lie loft his horse in enclosed inn nd; Immediately after, be missed him ; nml 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 Karon', Welinglon. On the 22nd February she saw the prisoners on the Tinakori road ; they had iust sold a horse, and were offering another for sale. She looked at it, tried lit, and bought it, together with saddle and ibridle, for £5. She gave the receipt into ‘court. She identified the horse outside aa the one she bought. There was other corroborative evidence, which brought the guilt of the prisoners home to them, and the jury, without any | deliberation returned a verdict of guilty. | There was another indictment against ]tho prisoners, for having stolen a marc, | die property of Archibald Ingram, cf I Ilangitikoi. j Ingram and several other witnesses dc--1 posed to the circumstances, and the jury, in this ease also, immediately brought in a verdict of guilty. His Honor, addressing the prisoners, is.iid they were evidently wholesale horse* j stealers, and would have to be dealt with d\y a strong arm. A moderate sentence i would be an insult to the community. ■ For flie two charges he would sentence i each of the prisoners ten years’ penal ser- ; vitudo. i j CIVIL SlTTlNGS.— Saturpat, Mat 8. j His Honor took his scat at 10 a.m. j WATT V. POPP. I Mr Wilson appeared for plaintiff; Air Cuff for defondant. ;. The following jury was empanelled:— Gn aerr ,ti. iiurns, iviinam Hughes, Luke i Bethel, John Harvey, Peter Hussell, H. iWarne, John Fe'guson, Alexander Mo jCormick, George F. Gibbs, James Hastie, Charles Hay, Hutton Troutbeck. His Honor discharged the waiting juror* Mr Wilson opened the case, and called —

James Watt, who deposed : I am partner of Mr A. A. Watt in tho firm of Watt Brothers, and had dealings with Messrs Stopford A Geluin, sheepfar inters nt Wttiroa. In April, 1807, they owed me about £2,000. They had promise:' to reduce this -‘*rgo amount, but failing: to do so, I told them I must hare security. I accordingly obtained a bill of sale over 1,600 acrea°of their run, and the fioek of sheep, 3,000 inure or less. Mr Stopford asked if the terms of (ho bill prevented him from kilting wethers for tho station. I said yes, but that I would not object- to them dome

so, or even selling a few to tho settlers. This conversation took place in Mr Wilson’s ofSce, when the bill of sale was signed. Before taking the security I paid all Stopford’s debts, he telling me that he did not

owe £lo.' In conversation with him I told him not to over-estimate the number of Bheep, as he had 1,000 belonging to Mr Birth on the run on terms. About September or October I first saw the defendant Dodd in Napier. I told him I had a bill of sale on Mr Stopford’s ran. He did not speak ofbuving it. A few days after Mr Stopford had left he applied to mo for money—some that Mr Stopford had borrowed from him. I told him that Stopford had not mentioned it to me, and that had he not an order I could not have paid it. About the first week in October I again saw defendant. He told me he had bought and taken delivery of 250 sheep from Stopford and Gethin. I said I was not aware of any sheep on the run beside those I held security over and Birch’s thousand. He said that he had been assured that! there was a large surplus, and that he had! agreed to buy another 250 but after what I 1 had told him ho would not take them I

(The witness then entered into the particulars of the value of sheep at the time, and a correspondence he entered into with Messers Stopford and Gethin.) When I came into possession and had the shoe]) mustered the nunber iueluding Mr Birch’s thousand, was 3.100. At a subsequent mustes 310 more wore collected. In cross culmination Mr Gulf elicited a few more facts with reference to the value of sheep at the time, and also the following particulars : I do not remember any other conversation with Stopford than the one I have mentioned. I told him that I could not advance him any more money : but wolud send him all the supplies lie required for the station. 1 sent them everything they wrote for. I should have thought it an unreasonable request for Stopford to ask leave to sell 300 or 100 sheep : in fact I told him it was to prevent this that I got the security. I believe tlie security will more than pay the debt; but (bo balance will greatly depend on the result of this action. Ip my first conversation with Dodd I gathered that he did not mean to buy anything of Stopford. Alexander Gethin deposed : I came toi Hawke’s Bay in 1865, and entered into partnership with Mr Stopford in May, 186 G. lie had about 1,2t0 sheep at the time, and 1 put 1,000 more on the run, all j with the station mark. Ju our shearing! ami docking muster in ISG7 we collected] 3,2'0. Mr Birch’s sheep were not on the station at that time. I remember executing a bill of sale to Mr Watt early in October. 1 remember delivering 200 sheep to Dodd on the loth or 11th October. The purchase money was £IOO. We did not inform Mr Watt of the sale. I remember Dodd either in October or November refusing to take 230 more sheep widen he bad bat gained for, giving as hi* reason that be Lad scon Mr Walt. Sir Stopford,! when iio brought up the bill of sale, said] that Mr Matthau given him permission to sell 200 or 30;) sheep. By Mr GutT: The worst muster we have; had on the station was the one Mr Watt made in December. It only amounted to about 3,300 ; including Mr Birch’s thousand, and 1,358 lambs. I don’t know the market value of sheep nt the lime. In 1867, after the 250 sheep had been removed, there were, including Mr Birch’s, nearly 4,000 sheep on the run. Edward Lamplough deposed that he was a runholdor at Wairoa, and was present when Mr Dodd bought 250 two-tooth ewes from Stopford and Gethin at Ss each, which he considered a fair price. Wiiiiam James Birch deposed that be had put 1,000 full-mouth sheep on Stopford’s run about April or May, ISG7, all marked with his car-mark. When the sheep were last mustered, in December, he got 71G, all he could find with his mark. H. R. Russell deposed that ho was a sbeepfarmer, and estimated the value of average quality maiden owes at Wairoa in October 1867 to be about 10s This closed the case for the plaintiff, and Mr Cuff addressed the jury for defendant. Montague Stopford deposed that ho was the partner of Mr Gethin. Mr Watt was his agent. Ho remembered signing a bill of sale of their sheep and land about April, 1866, in Mr Wilson’s private house. He esked Mr Watt if he might sell some 200 or 300 sheep, without making any explanation, and Mr Watt said, “ O yes.” Nothing was said about selling wethers, but killing them for station use was mentioned. He ciid not estimate the value of wethers at more tuau 3s or 4s as they ’were very poor, but thought 8s a fair price for ewes. By Mr Wilson : I remember saving that we should want a little money to go on with. I don’t remember saying anything about the wethers, but can’t say I did cot. 1 told "Watt iu May that our debts were paid : T may have said that I did not owe £lO, but I alluded to the debts of the firm; not to private ones. 1 suppose 1 owed previously about £2OO. Mr Watt subsequently paid a large debt to Tav’.or. ■» When I told Dodd that I had to "give Wstt 3,000 sheep I did not mention the word security or bill of sale. I n, a

money I received for them in paying my debts.

The Court adjourned for 50 minutes. His Honor again took his seat at 1.45 pm.

George Neville Podd deposed: I am a sheep-farmer. I arrived in the Province in February, IS 17. I saw Mr Watt soon after 1 came. I saw Messrs Stopford and Gethin in October, and pasted if they had any sheep for sale. Mr Stopford at fire! said No, as he had to gi»e Mr Watt? 3,000 sheep, but afterwards said he cou’d, a< there was a sufficient surplus. I then talked about 'the value of sheep, and I agreed to pay cash on delivery. 'At that time I had not the the faintest idea Waft had the least sectu ity over them. It had never been mentioned to me. ■ The sheep were delivered and paid for soon after. Afterwards Mr Watt asked me if I had been dealing with Stopford. I said I had, and I told him that i had bought 250 sheep for £IOO, and that I was about to buy another 250. He said he had a bill of sale over them. ] told him that Mr Stopford bad assured me that lie had a perfect right to sell them. He said he had given Stopford permission to sell 200 cr3oo wethers.

By Mr Wilson : I had lent Mr Stopford £lO, and applied to Mr Watt for the money. Ho said he could not pay me. 1 accordingly only paid Stopford £9O for the sheep ; paid by means of orders upon mo. Mr Wilson then addressed the jury, and his Honor summed up on the issues, telling the jury that the only points to be settled were whether leave was given by the plain!iff to sell the sheep ; and, if so, whether it was given before or after the signature cf the bill of sale. The jury retired, and after a short absence returned a verdict to the eii'cct that the sheep were sold without leave of the plaintiif, and estimating tho damage to him at £IOO.

Mr Cuff moved for leave to enter nonsuit, on the ground that the action should have been against Messrs Stopford and Gethin, and did not lie against the defendant.