SUPREME COURT.

Lyttelton Times, Volume LI, Issue 5577, 7 January 1879, Page 6

SUPREME COURT.

CRIMINAL SESSIONS. . CHEI3TCHUEOH- \!,‘ ", .-I-' —— ~■!/, -.-I, .VI . ' Monbat, Jan. 6. ■ (Before His Hohgr Johnston.) The criminal, sittings >Ol, the, .Sqpreme Court opened at 10 ami. ; , • ■' : 1 Thh following 1 gentlemen" ; -wera ; .s worn in ns the GrtUd- Jury :—Messrs. TV M. Hasaal Horemah), W..' Buss, !L; B- & Brown; Sbatjd; W," Saunders, F. A, Bishop, G. Booth, .!. , S-. Monk, DJrCmg, F; Tipping,, J: Tipping, G, S. Strad, D, Daris, jun., VV,' \Y- Cobh, j, jW. M £ Alpin, S. 0. Farr, F. Egan, G: D. Lorthart, J. Birch, W. Kentia\vay, and C. Walkd«i. '■ ' JPDOE’fI CIU.BOE.

..HisHonor thehdelivered liis charge to the Q-pindJury. He said be would fee very happy, if. be ’ bo'uldr'ubroseriealy TOngrfituUfco. them 1 upoi the'tondiitibrt of the Colony. No doubt, the year had j ust elapsed! had been niarlced by eF*nt» df very great importance, especially by tbe completion of the meads of cdminttnication between one part of the Colony add another.' 1 One could not.but regret tbat atthe beginningof tpe year there should btf. most imr portent industiytothro w a gloom over it. Me*', induences with tie prospects, 1 £oi 'the, present Vand following .yeaW. 'Of oris eb^as"'^ I 's»' community.; |l3^B£hw'' r, upon. the; progressof the cdmiW |\rere Jimit^d u to a ’ i cmtinß extent by cd^ideralaohs,of ; As regarded the extent of crime existing, he , saw little in the' calendar Which called for ! remark. He did not ' see a marked decrease in I other parts of the Colony if this could he judged by the returns published. But they, should bear in mind that these returns were | not made np upon any consiatent plan.andhe should not therefore advise the public to judgo by statistics,‘unless they knew under what circumstances such statistics'\rere compiled. In this part of the Colony he saw no ■reason to - behove that, there bad been any i considerable increase of criminal population. iThe calendar showed,very mUch the usual icharacterofcrime, the characteristic crime of itho> Colony, the passing of forged cheques, jbeihg very prominent. He had bad occasion {often previously, bdtb in this and other parts of the Colony, to point out that this crime Could not be eradicated until the community Iwerer awakened to-the • responsibility which rested -on. themselves 1 in the matter. He [would again • and again urgenpon the public hisopinion that ptnqnis iriie bhemged cheques fop strangors on the streiigth : of assurances ihet they had money wbre ‘really participators to thb crime thus fostered, i - It was difficult to. IdraW the line perhaps between what was culpable abd what was onlystupid ip such cam.' Of course none of the gentlemen whom pewas addresriUg Would be so foolish as to act in tbo maimer he alluded to shopkeepers and smaU storekeepers and 1 above tall to : publicans. He''said it. .deliberately that these men allowed themi selvas to be cheated to 1 the most ridiculous iaabion/and thtts held' dnt temptatiohs to 1 brimo which were not found to exist in> any jobber part of the worid; 1 He 1 must 1 say that; the gullible'must expebt to be gulled. When' ever such cases were brought before him he the Opportunity to mark the Isense* of the Court in their regard. There were td a oertito extent in this Colbny eicuses which- would ; be tod excuse ' in countries wMemrero more ttoeHy populated. Ho was aware that wages wore'paid by small cheques, stiJUlwM r jrho .changed such cheques- were houndito endeavour, as fair as possible,* tb protect society agmust fraud, r There were one pr two oasde In -&*e E toflendar tb which he (would refer later to prows the truth of his observations. The t number ;0f commitments was very considerable*.he., believed something Uke 2P- ,(flis Honor enumerated the several charges.) "With regard to the'case of libel, Ip9. bad be tter maka a proclamation .calling town the pri varo prosecutor to ; appear,' as he d been informed by'tho 1 Crown Prosecutor at ho (Mr Duncan), did not intend to lay s iidorouvtiou befOw the Grand Jury. It ght, toy an information before them, for iwelft' fHSs Honor;hbfe askedif SMphen Sphehb waS present to Court, ’ but reo&ved ' i m., toi ®(..wwdaJwiy *t, any, tune, f up to dis(|harge.; He (His Honor) would tl ‘ the Grand Jury what the ease was, ough the'learned counsel liad decided not prosooute»>tlpto exareisingla discretion fort people.., He (the Judge) had no reason to poubt -that Mr DUnoaa had exorcised a wise discretion*,’because the public inwSst Vhppeared to bo in no way concerned in the ease. The law ‘Was this: that publishing a libel which landed to bring a man into disrepute Was a punishable offence, on account of its tendency to cause a broach, pfthe peace, and pot on account of any loss it mfgbt, bring upon tpo individual libelled. Tholaw.therofore, was that If you wrote something defamatory of a ntoU and dirootod it in a letter to that f man, that would not bo-good ground for totioa, to ho wouldlo*o nothing by Lfeataffits character for which'hf oould bring aoivd action. But thje law said that though a man to such a case could bring a civil action, he Mgbt also! pullet, his libeller on account of the provocation to a breach of tho peace. Such indictments .wero extronuily raro i ho had not known one in hia experience. If the Grand Jury ,thought: thsoontents of the letter when jtwowld besubmittedto them weralibeUoaa (t would bo .(hiSt duty to flnd 0 true bilL Tbe gts tUeywoiddhave to determine were** t, vhether ibere was or was not pravocato Ahmagh of the psaoe, and secondly ther thew wisor was not a libel The {“• a tr umpery ono, the parties id it, he behevedt livtoat Ashburton. ;..The prosecutor Was a bookseller,' and theaeeusedsabseribed fori a newspaper—the dutimlanam Some dupptov arose, and the prosecutor stopped lending the paper.; The accused then sentthe tumdie! supposed to pe due enclosed in a letter to the-prosecutor’s whop, where it wm re*, toived by prosecutor’s wifewho handed it to him. The letter wound up by caUimrthO inan potabookseller but a bill stiokOTvwhioh «u po doubt aggrevating to his pod concluded withthe 0 «y L that I am able to pay go* i O , wiUumt keeping a brotbel’ r if the tvidenoo showed that the prosecutor received

that latter, it vu for tiw Jury td say whether touch an exptessioH wo*, oh* which in ite- hatenrc degraded * man. With regard to th« mm of manslaughter he thought there wo* matter for 1 their very serious tonsidemtlOo. At ttm coronet's inquest the jury bid sob found a yerdiotof manslaughter. « Th* deewltiwd i died at the HMpiteL having had a struggle son* day* previously With the aoonsect The mam point* of the com of the proteeutloß, if ihtore wa* out, wae thJi! That the aerated if»* engaged in • struggle with the deceased, M’ClatcMo, in a public house, and that what he did to accusedcaused or accelerated the unfortunate man’* death. He seed not tell thto jure that if death was acoelarated in the slightest degree it amounted to manslaughter. If a man shortenedthe life of another vj an hour, or eron by a tain ate, he wae technically guilty of the offence of manslaughter. Bet m this oitae he would adriae them to carefully ascertain whether or not there wae a frima facie case, by which It eonkl be shown that the accused caused or haetened the death, for ho (the judge) wae given to understand that the man. S death had been doe to other cause*. If they were not satisfied beyond a reaeonable doubt that death had been haatened by violence, they should not return a true bill. But there wae morethadtMstobe considered. There, was the question whwtlter theact of violence wae one for’which the accused could > be held responsible, because the damage’ which it was suggested bad been suffered by deceased appeared to.bare occurred in a struggle in which deceased himself had taken an active part. . If the aooused,who wa*, he believed, barman hr the hotel where the scuffle took plsoe,Vft9 trying to put an end to the. straggle, it would be for the jury to say whether the violence was voluntaiyon the part of the accused, or the natural consequence of a struggle in which the deceased had taken.; the initiative. If they thought there was no sufficient evidence to justify prima fade coee they could not find s true MIL UMerringtoacasemwMoba prisoner was charged with the commission of an abominable offence, His Hotter said that evidence should not be counted hut weighed. Though# petty j u?y seldom or never convicted upon the evidence of one witness, the grand jury.conld find a true bill though there was hut one witness. His Honor briefly alluded to ;the difficulties; connected with the case; There were, be was sorry to. toy, two case* of, .indecent assault, about which be weald wish to say ft w ord or two. He Was afraid that in this Colony, and in all countries where the condition;of society was so free as It was here, theta wus a tendency to this crime. He must impress upon the minds of parents -the great necessity, which existed for the mto look after thaw children, espeoialiy tbeir female ; children. The girls ware precocious and«- ; posed to temptations, not perhaps so great as , were to be found in the crowded .caties -.at | home, hut still vory greafc . Soctety had W ; right to expect that parent* wopkbnot neglect their, childjem The habit, Which appeared to ' be too prevalent, of leaving .young gtrla alone in the society of men was much to be blamed. In both ;the cease which Would be submitted to them young girls had beianleft with young men.. [His,Honor here alluded more par-’ | tioularly to the cases in question.] The next’ case to which.he, must’ call their attention somewhat in detail was a very important one also—that of anon, am offence tar too ’common in this Colony. He had - been ' ’passing over in his mind what; wato the cause ;0f the frequency of Crimea of this nature, land had come to the conclusion that it was twofold.. The largo proportion of Wooden the . large proportion of persons who insured. ’These, thugs, co-existing the probability was that whena man gob into trouble, or When he was wrong minded, the temptation entered his mind that he could extricate himself from his difficulties or benefit himself by setting fire to Ms premises. , It was occasionally seen that arson was committed from motives of revenge and sometimes from that recklessness which, name of large wagesspent in drink, in “ loafing ’’ as it was called. His Honor then referred to the circumstances of the Charge against' Cowan,. and concluded his chatjge by alia- i ding to the other cases on the calendar, which ho said presented little difficulty to the Grand Jury. Tim Grand Jury then retired. - ' ArPLICATIOH FOB THE DiaCHABGE OVA , FBISOKBB.

Mr Nock applied for the discharge of th» : prisoner Campbell. ■ His Honor recommended him to renewhis application when the i Grand Jury had been diioharged, as until then:it oonld not be certainly eaid, thatno indictment would he laid. . ; :• ■ ■' . f BJSQBBB KOT OAtnCIQHBU. _i. ■ Mr Neok then mentioned that the prisoner Ahdool had nobbaencautioned -when making his statenaent in the lower Ooori. ■..» I His.Honorsaid that the statementeonid not be used against the prisoner. It ' might be worth while to enquire whether a set of Repositions defective in this respect were sufficient for. the prosecution to go to the jury with. 1 Later in the day his Honor informed Mr Neck that the prisoner had been duly cautioned. i -BUBSJjABr. ; The Grand Jury found a true bill, in the ■ George Muff was then armgned for break*. ing and entering the premises of Donald: Sutherland at Selwyn. ,; j Prisoner pleaded Guilty. i j Mr Harper applied for postponement of, sentence until. to-day, in ord/sr that wit* posses as to. previous good ohacaoter might be heard. ; ■/- . ■ j She application was granted, .'. O i ! The Judge referred to the dspoaition from Ashburton, not; being, sent, for in time, and teve instructions thattmreater promptitnde Should be shown forthe future. . ,

, BtfB&lABT AKn WOITIIBSBBAKIWO. UTbe Grand Jury found a (rue bill against George Blind in each case with which he was <f barged, yi*., burglary and housebreaking 11$*orge Erind was duly, arraigned on the first case.. In answer to his Honor he stated fhafclio was notdefonded by counsel j His Honor remarked that the indictment wag demurrable, as ho knew, of no such Offence os that charged—burglary and stealpig in a shop. The Crown might ley a fresh indictment. j The Crown prosecutor asked, to be allowed out the word “ burglary” j His Sonar could, not allow such an alteration, ; The Crown Prosecutor said he would eater a MlUprottqvi. , His Honor asked if Mr Duncan had special authority from tlie Attorney-General to do I The Crown Prosecutor said he had no speoial authority, but he would after no evidenw, and would not ask the priscmsr to 1 % Honor informed the prisoner that to the first indictment, as % point of law. there was no compulsion lor him to answer. ! Subsequently Mr Duncan informed the Court that ho would obtain authority to Outer a wolfs prcttqnL I George . Brind was then arraigned under too second charge, which was breaking fto the dwelling of Mrs Wiggins in Ashburton, and stealing therefromawotoh. To this hb plsaded Guilty." ; Sergeant Fenton gave prisoner a good cha- ] Thomas Hicks, baker, of Ashburton, in P r “°“ er M been for three ntohtos, also gave prisoner a good character. mid the StorhXtSd iSteS (ton to commit the offence. The words ho ‘I. 1 ia « have a larkwith Old Fiuffem." Thu was- toe offence alluded to in the charge of burglary. ‘ j His Honor wss somto seeso youngaman in so sad a position. He sentencedprisoner to one year’s imprisonment with hardtebour. , JFOBQBBI AITD PTTißtlfO. Grand Jury found true bills against G« M'Konna and A. K, Harlock for forgery and uttering. . * J Edward M'Kenna was duly arraigned for forging and attenng a cheque foriflOß at Eampon. He pleaded t' Gaufy;'' j John M'Namara, late proprietor of to* Manderille Hotel, was oalltel by His Honor tod severely reprimanded for having

the cheque, Hu Honor refused to alio, i prosecutor his cost*. . Sergeant Morke deposed to a previous co n . ■’ vktion of ' prisoner, for which he had t*?n sentenced to three years’ penal servitnds. ft, hod only Jest come out from prison. Hi* Honor sentenced prisoner to six yew,* penal servitude. lAXCEXT. The Grand Jury found a true hill agaimt I John Gasey on a charge of stealing t« 0 I panes and money to the value of £4l 4s <M. I John Gassy was arraigned and pleaded “ Sot f Guilty.” The Grand Jury also found a true bill against Abdool on the charge of stealing fin. Abdool, a mao of colour, wss arraigned and pleaded “ Hot Guilty.” 90 TBC» BILT/. The Grand Jury found no true bill against John Bseve. The prisoners Harlook. Casey and Abdool were then placed in the dock, and allowed to challenge the petty jury.

youoxar aho uranuso. Alfred King Horiock wee then placed upon his trial for forging and uttering a bill of exchange for £4O at Akaroa. Mr Duncan conducted the prosecution. Mr Joyce appeared to defend the prisoner.

John Nixon, tailor and clothier in Akaroa, deposed that prisoner was a schoolmaster in Akaroa. About August 12 prisoner offered to endorse a bill for £IOO for witness, Witness did not require so much, end eventually consented to accept £4O, for which amount he signed two Mils, believing tint they were for the same sum. These two document* prisoner tore op. They were due on Nov. 26. The acceptance produced did not beer his signature. Cross-examined; I have a reason for Saying that the signature is not mine. The “N ”is too plain, I was nine months in the manse, where my wife is housekeeper. 1 was in business three months in Akaroa and fifteen months in Tlraarn. I was in a Court there. X was a witness in an arson case in which my partner was convicted. Ido not think it worth my while to swear that I wae not implicated. Hla Honor gave the accused 10 years. I wee a witness for th« Crown. Before I went to Almroa I had never heard of a MU of exchange. Prisoner wanted to give ne t lift. I signed two bills. The MU produced is not one of them. He tore them up after' August 20. He said he would get them discounted. They were tom up about eight or nine days after-1 gavw them. I have a good memory. All Scotchmen have. T stuck Mm up in the street, and i asked him for the . money, or the bills. He ; was going to file,his schedule. Another ww told me. I decline to say who. (His Honour said witness must answer the question.) It was Mr Garwood, formerly a shareholder in ‘ the Lyttelton Bailway. When I stack Mm ; up, 1 threatened to expose him in the Akaroa Mail, and to go to Mr Solder. The money was my own. The Mail is a local .paper. I must not say what kind of paper It is. My name has often appeared in it; so has prisoners. My name appeared as being/ tight. Upon my soul (HiaHonor checked witness) my wife is advertising me. fihs has a frotection order. Prisoner was in that too. 'risoner told me that he bad sent one bill to ‘Marks, of Christchurch, for discount, and it had been refused, and the other. he had not done anything with. 1 said, “Good God, did I sign two bills ?II Prisoner ton op both, bills before my face. There was only ona signature on the back of the bills he tore up. The bill produced has two signatures. Too signature on the MU is very like mine. I compared it with my signature on the information. I had a doubtin my mind because the signature was so like. It would be very foolish to swear to a lie right off. When the bill waa handed to me in the Court 1 said “That’s a regular fixer.” Prisoner is a schoolmaster, and capobleof doing anything of the kind, fie is a college bred man. I gave a receipt to Prosper Berlin, of Akaroa, when he paid mo for work I did for Mm. The receipt produced is the Same. I was asked three times whether khw Signature to the MU produced was mine before I swore it was noti H prisoner is not convicted I shall have to pay the bill, and lam well able to do so. The Mils were tom up on a Tuesday after. Aug. 16. It was not in September. You wander me; give me time. It wa* in September, because prisoner went to Christchurch and back again. It was eight or nine days after the 16th, what day does that Make? If you produce evidence to show that prisoner returned on Sept. 5, I cannot contradict you. i Frederick James Bohertshaw, telegraphist at Akaroa, deposed to prisoner having held a. conversation in September with him, in which he said that Nunn had been spreading a report that he (prisoner) had been trying _ to swindle Mm (Nixon) inthe matter of two bills for £4O each. Pnaoner had said that ho intended to get £4O worth of roods for Niton, and held the second MU for £4O as collateral security. Harlock had said ttut a few days previously Nixon had been to him and accused Mm of trying to swindle him. ■ Prisoner had told witness that he (prisoner) had tom up the bills in the presence M Nixon. The writing on the acceptance produced is Mr Harlock’s, with the exception of the signature “John Nixon.”

: Cross-examined: Xknow the signatures oa the book, except that of William Jolly. The signature “ Wilhuun Nixon ” would pass for his, hut it is a different style from his usual one. Prisoner held the conversation I have pained at the end of September or beginning of October. Harlock was an acquaintance, pot a friend of mine. 1 forget how it came about that he spoke to me about the bills. Everybody at Akaroa was talking about (hem. It is a small place. It has a paper. g Honor: “Only one! How do they up their discussions?”] There ore a many copies of the one paper. I made no memorandum of the conversation. lam sure that prisoner said that the tearing-up took place a few days ago.” That was in the beginning of October oread of September.

Hdword Withers, accountant in the Colo* dial Bank of New Beabutd, Christchurch, deposed that he had received the acceptance produced from prisoner fay letter. He knew prisoner’s handwriting. The letter produced is the same. (Letter read.) Cross-examined: The bill was not discounted, but retained ae collateral security for an overdraft. The letter was received in the Colonial Bank on Aug. 27, and remained there probably a month. It was then sent to Our agents at Akaroa. Harlock had bad an account at toe bank for some time, and had discounted several bills. There had apparently been a syteem of “ kite flying ” at Akaroa. Several failures hi connection with prisoner have happened at Akaroa lately. . Charlea Oteer, tailor of Akaroa, deposed thut prisoner had come into his shop on Oct. 16, and spoken of Nixon 11 sticking Him up,” aud wanting the money on the goods tor ooriam Mite. The prisoner said that he had offsrsdL to taw up tho bills. Mo did not say thathe had tom up the bills, i Cross-examined—-That is all that I know about it.

This was the ease ter the prosecution. Mr Joyce addressed the jury for the pri•oner, tod his Honor summed up. At the oonolnsum of the summing up toe jury were about to retire, when his Honor checked them, _and said it was a mote undesirable whig for juries to leave too box without good and sufficient cause. After a brief deliberation in the box, the Foreman informed, his Honor that the jury wished to retire.

• The jury then retired. ; _ no MOW BUX. ! "*• Grand Jury found no true BUI in the tete of alleged manslaughter against John

j HCDXCBS* ASSAtrtT. , «• wand Jury found a true bill against fa Horatio Caleb Keig for indecent arraigned, and pleaded ; Mr Neck appeared to defend him. I "*°toer Jury was toon empanelled. ÜBOH7, JtonOaaey was then placed upon his trial EMtefldL 8 * pam “ d

Mf Keek eppetred to defend the prooner. f mi Vf**'** °* * or OUll ‘' rT * While the Crown fkoeeeotor waa opening

** the jury in Harlock’s case returned " Not Guilty.’* m v . * n nor would not »aj whether he J£*,JSh the finding of the jury or not. prisoner that he (the Judge) .griari **» (total a.po«d to taring Atari j£-tl 10b at Ashburton on Dec. the following night he slept at the iMrt Phillip boarding-house, itt room number night he went again to the ™ worn and deposited the purse* and s * m ® in . towel under his pillow. He had another room in which he slept, for*, * fUto remote his money. In the morning FfUSt for hi* money, but it was missmft prisoner had slept in that room. Witnew *JS«ent when prisoner was arrested with Lm him. Witness*money consisted of £2O note* and three half sorwreigiM. The £3O note produced wa» one of those. , Cross esarained: I liad two purses. I |*k ♦K* two £lO notes in one of the ?ur*>» and Jf i fid I lited on the Longheach wad. and fft there in the forenoon of Dec. 2 k I got Ifiihburion shout 12 or 1 o’clock. I changed mtcheque there about that tune. had a square hole in it. I told one Cf S detrotin* of ik By a ♦juaw-.t meat. Sh four corners. I folded the notes mid in a towel, to prerent their slipping, Sfecpthem together. I left Ashburton train forlUfcwa about four o’clock, £w*lfastcd that morning about half-past., I bad nothing to «d « drink lW( i nn v>..( time till I got to Bakata. 1 wia of nir money for that, 1 got up Ux X -oroing ’after Ohristmiu day about f it might be a little before. I money, and went into No. 8 room fT"v fo- Jt, Do you think I could tea a rug when I could not find my P°” .■ I aid not notice a bundle done moa • ‘ ru , I rc-mplained of the loss of my \ 1L 1 «a* pwaent when Detectire BeaI .«:ei prisoner. Benjamin mid He 1 I search prisoner. Prisoner got f ia something like a purse, f Richard Western*. teller of the Sink 0! X® Zealand. Ashburton, deposed to hanng • U iHc cheque produced. I hare seen I but cannot my that be I cheque. No other cheque forthat SSJt i eirf dial day. He codid not r »t what notes he had pven. _ _ Cross-examinc.i I haveroenno^tnth ■ iXSn them. The hole u> the note produced I not seem caused by wear and tear, 1 i iwri > .... rito . tal. m I it. We are not supposed to w,ae no *** | j jaj here annoonood t^tthey ■ found true bills in the cases of Carl Schukr, | jSnßecaan. Thomas Kyan. and Alexander

srainsf Omcj wss that

Buiisn. daughter of Thomw Boxtoo, keeper of the Port Philip restaurant, ia St Asaph street, deposed that prisoner lodged there on Boxing Night He occupied |fo 3, which had been occupied the previous night bv Thom? Gslicn. Witness asked the latter to go to >'o. 9 that night Gallon had Mi coat and hi# boots in ms hands. Next momng Thomas Gallon complained of the Ms# of~ his money. That was about eight o’clock. Prisoner" left about half-post seven that mominc. Cross-examined: I asked prisoner for a depoeit when he came to the house. It was new So. 3. It was not very dark. 1 will not eiresr that be did not pull out any money. He might hare dose so. He had a ’possum rsg. 1 have so idea of its value. Prisoner had hi# breakfast rather hurriedly, but did not appear agitated. I saw prisoner on the other side ci the street shortly after Gallon complained. I called him across, and ha came at once. I said nothing of the money being lost.

William Erkwood, keeper of the railway re freihment rooms, deposed that prisoner changed a £2O cote in the morning of Dec. 27. VTitne*i paid the note into the Bank of New Zealand on the same day. Cross examined: I was talking to Mr Jonas, of Timaro, at the time. I don’t know exsriy what Mr Jonas said, but prisoner said he was going up country and wanted change. I have often changed notes beef ore. I have known Mr Jonas for some time. The prisoner asked me to change another £2O note. I declined to do so. I had no reason for declining. Prisoner saw that I had more small notes in my pocket. To his Honor: I change notes frequently to oblige persons. His Ho nor: "1 advise yon to be more careful in future.”

Mary Anne Shaw deposed that on Dec. 27 she m prisoner at the Terminus Hotel. He uked for a drink, which (he supplied. Prisoner gave her a £2O note, which the changed. Tin note had a square hole in it. The note produced wi verr much like it She marked the note with a crocs. The cross was on the note produced. Crots-e laroined: Prisoner aaid he waa r>ing to Dunedin. 1 noticed the hole before changed the note. I pat the note in a reticule. I don’t recollect teeing a note with a hole like that.

Detective Benjamin deposed to haring re* coxed from prisoner a pocket-book containing six £5 notes, thirteen £1 notes, six sorereigns, three half-sovereign*, 5t <Jd in silver, sod -jd in copper. Prisoner said he had got I the money ia Bunedin. bubsequeoUy wit* I new had received the £2O from Mis# Shaw, I ““ then charged prisoner with stealing fit I .Vii 00 being arrested, said, f Well, warn 11 pat in there V* Cross-examined ; prisoner said he had hem working for Mr O’A’eilL I did not examine prisoner's vng. Mi Seek addressed the jury for the dotease, and his Honor summed up. Taejon-, withoot rstiring, found the prison* " *‘th a strong recommendation to mnvr on account ol the great and sadden temptation. The prisoner was asked what he had to say ren • be bad received over Del m Melbourne, and his brother had taken I of £*io the exception Hii Honor said that prisoner wae losing hie Umt a endeavouring to persuade the Court _ • - 1 * -Wi not taken the money. As it Reared to be prisoner's first offence, his Honor wag disposed to inflict a light punishHe would hold over the sentence till Wednesday in order to rive time for inquiries w be made.

TSCB BILLS. The Grind Jury announced that they had “>'iad true bills ia the cases of W. Ataek, ynrge Brind and Francis Hopkins Valpy (t»o bills). ( The foreman of the Grand Jury said that * had been requested to state that the t ’ Ta ad lory wore of opinion that it would be a great public convenience if the hour of on the first day of the criminal eeellWj| should be II instead of 10a.m. Hi* Honour quite agreed with the Grand • ur y, ami would forward the Jury’* noon*-rr-eo fiat ion to the Executive Government »no no doubt would arrange the matter. He fcow liad the pleasure of discharging the Jury »ith the thanks of the Queen ami the Colony ,fjr their services.

PKIBOXEEB DIBCHABOBD. «r Aeck obtained the discharge of Duncan -sapbell, against whom the Crown Froeec “lor had filed no bid w Kin fi Harlock wae also discharged. L f r . remar ked that no bill had been ] >7 Stephen Stephens in the libel

, I.AIICKSY. irJv?^ ra4 I'kos'-i on his trial. K-w. . to defend him. O’Qradj, of Lyttelton, dethe woewed information of a *T. and in consequence to fw ri t orier w ‘th stealing £lO belonging Pr£^? ; *r. erodt *">® BolgraTc’s Hotef £3o-, 4 ‘4* ‘Captain, tho white man say On U.B H® 6 ’ i^ 10 at another, and so on. m-v. *>,„ a - T 10 t ‘ 3e prisoner sold “ he had .aw 00 "? rt " Wood’#.” Witness note. w lUetlllT rcc «Ted £8 in ono-pound inu* c c^, a »•»•* SiohetU, a witness exasa ined s 1 understood prisoner to

moat that he had earned the monejr at Wood*’ Hotel, . George Lovurock, master of the Dint Pratt, deposed' to having lo»t nine to elerm ’ notes at Belgrare’s Hotel. Prisoner was cook there. The monev had been nut into witness’s pocket-book, which ho had in his possession when he went to bed. He put the coat on the chair ; he did not hang it up. He was not certain whether he hung it up on the d«»r ornat. It w«» ,on toe chafc in the morning. The pooket-hook was Missing. Th# time was about hsdf-past six. Witness gave information to the landlord. He was quite eober when he went to bed. He did not near prisoner say anything about the msgaxine keeper. He had forgotten ; ho did hear pri* •oner «y that Hie money he had been spend* }ng, Us (prisoner) had got from the magaslno keeper. msgastne keeper's name was Browning, Cross-examined j X. drew £SO from the Bank of Australia, on Dec,.6 or 7. It was two days before X lost the money. No one elie slept in the room. I did not take a bottle of champagne with moto bed. We had some champagne below, I can swear that 1 put the note* into my pocket-book. I have never said that I could not tell where I Jut them. I was putting my coat on when missed Hie pocket-book. Vincent Edwin Belgrade, proprietor of the Lyttelton Hotel, deposed to the last witness haring stayed at his house on the night of| Dec. 6. I the witness confirmed the evidence' 1 of the prosecutor. Witness had heard prisoner say that he had receitedmonoy from the magazine keeper. Witness had spoken to each of the servants, among the rest, to prisoner, who said he had not seen the Captain’s pocket-book. < Prisoner had drawn ft half-crown and a shilling on account of hitwages on the Friday. On the following Monday the prisoner changed a note and got drunk. Witness discharged him about dinner time, as he oooid not dc his work. -Ricketts,' the baker, at about 9 o’clock on the Monday evening, was talking with prisoner. Witness sent lor Ricketts because prisoner said that he had £lO of his. Ricketts asked Abdool where he got the money ho had given him (Ricketts). Prisoner said he had been saving the money up and drawn it from the magazine keeper. Cross-examined: The Captain had been drinking. loould not say that he had drunk sufficient to impair his memory. He rolled a little in his gait. A man named George Chandler slept in the same room with prisoner. Another captain was sleeping in the room with Captain Loverock, That captain has gone to sea. The prisoner is|a foreigner. He meant by "magazine keeper” a storekeeper. He comet from Calcutta. The captain who slept in the same room with Captain Loverock left his room about an hour niter the latter cams down. His ship did not sail for a week afterwards. Abdool received from me when he was waiter, £1 a week and his rations. While be was cook I gave him 25sa week and his rations.

Edward Ricketts, baker in Lyttelton, deposed to prisoner coming to his bakehouse on Dec. 7, esrly in the morning. Prisoner brought some money which he asked witness to take care of, as hehadleftßelgrave’s hotel and was going to sea. There was About £lO, On the Monday following, prisoner got £2; saying he wanted to pay some debts. The remaining £8 witness afterwards left at the Police office. The notes produced were the same.

Cross-examined: I seldom go into Mr BelgravW’s. 1 heard nothing of Captain Loverock’s loss till Mr Belgrave’s sent for me. George Augustus Chandler, servant at Belgrave’s, slept in the room with prisoner on the night Criptoin Loverock loathis money. Next morning Captain Loverock told witness who went with him to look for the money. Abdool asked if they were looking for money. On the Friday before witness bad given prisoner a shilling o£ hia wages. On Saturday prisoner hod a handful of silver, and on Monday two or three notes. Witness asked where, prisoner, had "made the rise?” Prisoner said he had got it from the baker who had £lO more. Cross-examined r Abdool came down stairs five or six minutes after me that morning. Prisoner and I have been in service together about six months. I had never known anything against him. Charles Browning, magazine-keeper at Lyttelton, deposed tint prisoner had never deposited any money withhim. Mr Neck addressed the jury for toe prisoner, and his Honor summed op. The jury retired to consider their verdict, and after on absence of half an hour, returned with a verdict of “ Guilty," with a iwftmnuMwtoMw to mercy on account of prisoner’s previous good character, and on account of nia being a foreigner. In reply to his Honor, prisoner said he had no friends.

Inspector Hickson informed the Coart that prisoner could easily obtain employment on board ship at £2 a week. His Honour sentenced the prisoner to what he considered a very lenient sentence —imprisonment, with hard labour, lor six months. Daring the absence of the jury in the last case, . George Dried was then arraigned upon a second indictment charging him with breakirur into, and stealing from, the shop of John Fowler/at Ashburton, He pleaded guilty. Hi« Honor said that ae the offence had been committed about the same time se the offence for which prisoner had- been already convicted, he would not inflict an additional punishment for it The sentence would be <me year’s imprisonment with hard labour, to be concurrent with the imprisonment already, adjudged. The Court adjourned at 10 minutes to •eves.'