The Nelson Evening Mail. FRIDAY, NOVEMBER 16, 1866. SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 218, 16 November 1866, Page 2

The Nelson Evening Mail. FRIDAY, NOVEMBER 16, 1866. SUPREME COURT.

■CRIMINAL SITTINGS. [Before his Honor Mr. Justice Johnston.] ■ This Day. The Judge took his seat at 10 o'clock.

The following gentlemen were sworn on the Grand Jury : Sir D. Monro, foreman; Messrs. H. Baly, John Beit, Q. Curtis, N. Edwards, H. G-oulston, W. C. Hodgson, J. S. Lowe, W. S. Mortimer, A. It. Oliver, R. Pollock, Andrew Richmond, Alexander Sclanders, J. Simons, H. H. Stafford, W. Wells, James Watkms, P. M'Tavish, John Lockett.

His Honor congratulated the grand jury on the fewness of the cases to be tried at this sessions. In reference to the late sessions, in which the Maungatapu murderers were convicted, he observed that the manner in which the investigation was carried out would tend to check the "progress of crime in the colony. He also alluded to the necessity that existed for definite arrangements respecting gaols in which convicted prisoners were confined. A more careful and stringent system of discipline was needed to prevent prisoners from conirnunicating with the outer world, He did not animadvert on existing arrangements, but simply called the attention of the jury to a want that existed. His Honor called the attention of the jury and the pubh'c to the laxity prevailing in the colony in regard to the manner in which cheques were drawn, and the facilities that were afforded to persons wishing to obtain money under false pretences. He commented on . the negligence of private tradesmen which he regarded as a temptation to persons to commit this offence. He suggested the adoption of greater vigilance on the part of bankers and 'traders. • His Honor commented on the cases set down- in the. calendar, in illustration of the negligence, •which he thought a proper subject for' animadversion. Having explained the law respecting the cases that were-to come before the grand jury, and made some remarks on the laws recently passed by the legislature, principally that for the trial of indictable offences, which allowed criminals to be removed from one place to another, he requested the jury to retire and discharge the duties that devolved upon them.

The grand jury found a true bill against George Alexander Simpson, for obtaining money under false pretences.

His Honor suggested to Mr. Adams that there was a defect in the wording of the indictment, which did not in one of its clauses state the pretence of an existing fact.

Mr. Adams said it would be safer to present another bill, and let tlus drop.

The prisoner who had pleaded not guilty- to the indictment was removed from the Court.

The grand jury found a true bill "against John James, for perjury. He pleaded not guilty.

The prisoner was then placed on Ms trial for committing wilful and corrupt perjury, in the Resident Magistrate's Court, Nelson, on the Ist October last.

Mr. Adams conducted the prosecution, and called the following witnesses :—

John Sharp: I am Eegistrar of the Supreme Court and Clerk to the Eesident Magistrate. On the Ist October last, an information was laid against John Rowley, for larceny, by H. 11. Norris. There were witnesses examined, whose statements I took down in writing. The charge was larceny from the person.

His Honor here raised the question of the jurisdiction of the magistrate, if it was a compound larceny, but said the language of the statute was sufficiently broad, and he .would not rule hastily in the case, whether the magistrate should have proceeded by way of indictment,. and not summarily as he did. Hewould adjourn the Courtfor quarter of an hour, to give Mr. Adams an opportunity of considering the point. ... On the Court resuming, the grand jury found a true bill on the amended indictment against Charles Alexander Simpson. .

, Mr. Adams applied for an adjournment of the grand jury, on the ground that his witnesses were not forthcoming, in a case which came from Havelock. . • . ,

His Honor said he had the greatest reluctance to detain the grand jury, but as the non-appearance of the witnesses might probably be owing to an unavoidable accident he would consider the application. On asking the constable by what . authority he brought the prisoner Somers from Marlborough, the latter stated. he was brought here by authority of the Provincial Secretary and a warrant of commitment. His Honor said as the detention appeared inevitable, he would adjourn the grand jury till 10 o'clock .on Monday next. , • , . " ■

In reference to the case. of James, his Honor said he would not stop it, but would reserve the question of- law. of the Resident Magistrate's jurisdiction,. in dealing summarily' with Rowley. • .

Mr. Sharp's examination continued. : The evidence of. the prisoner was read- over, to him and signed by him. I produce the evidence, which stated . that he saw; Rowley, get out and saw him and another man go. away. He did not see Rowley go into, the: house. He did- not think the- cab -stopped more than two minutes. : Witness refreshed Jiis memory ;from. his notes .and said, the prosecutor of Howley. described who: were in his company, but did not: specify, the prisoner. The prosecutor of Rowley was robbed of

£1 175., from his right-hand waistcoat pocketjin a houseof ill-fame, . to which he was driven in acab by Rowley and others, but which the prosecutor could not describe. The prisoner was duly sworn when he gave his evidence. Rowley • cross-examined his prosecutor to show he had been drinking and did not know what money he had.

.: To the prisoner: I was particular in taking down the words, "two minutes;" it was not a few minutes.

Percy Augarde: I reside at College- Eill> .Nelson. lam 16 years of age. I know the prisoner. On the 30th September I went with' him in a cab, which Rowlsy was driving. A stranger named-Norriss was also in the cab. We went down the beach five or six time, then up to the Catholic station, and from there to a house in Bridge-street, where Rowley, James, and Norriss got out. I held the horse. I saw them all go into some house there, on the roadside; it; had a lean-to at the back. The cab stood just behind the" house. There was a door in the lean-to. The three persons went in at the back door. I could not see them. Rowley was in about 20 minutes, and left the others there. I could see the back but not the front door. I think it was about 20 minutes. I saw Rowley come out, but I did not see the prisoner again.' All three went in together. lam not sure James did not walk away. ' I did not see him. He might have gone round the house without my seeing him. • ' ■• To the prisoner: I met Rowley about 12 o'clock, and Norriss an hour and a half after. Ido not recollect you and Mr. Trask getting in before that. I did not see Rowley and Norriss going into an ■oyster saloon. When you came to the cab it was the first time I saw you that day. You first had drinks at the.Wakatu. I had some ginger beer. We then went down- the beach. I can't recollect if you got out of the cab and went into; Mr. Wright's. On coming back you entered the Wakatu' again. You all. went to the Prince of Wales, and had drinks, and thence to Bridge-street.' I left the house- with Rowley, and did not see you again that day.*

To his Honor: Kowley had a horse of my father's to try ......

His Honor: It's no fault of yours, but mind how you get into bad company again. Winifred Robinson : On the 30th September, I lived at a house in Bridge-street, on that day I saw the prisoner in my house. He came with two other men in the afternoon; Ido . not know the name N of the other man, and have not heard ■ it. Eowley was there. I saw. the other man betore the ■ Magistrate, who charged Rowley with robbing him. Thethree were in my house about twenty minutes. They had nothing to drink. I think it- was about 20 minutes. They drove -to. the gate in a trap, and came in at the back door, James came first, Rowley second, and the other man last. They all remained in the same room with me, and a poor girl who had no other place to go to. The girl was twenty-four years of age. I was in the room the whole time they were there. Rowley left first, James a second after. The other man went when he heard the trap go. I did not see the prisoner leave. The other man was not very drunk, but he had some drink. To the prisoner : It was Sunday. I had taken some drink to my dinner, I heard the last witness give his evidencs in the magistrate's court. He said you were in about 20 minutes, I had no clock in the house, it was from what took place that I judged the time.

The prisoner called Mr. Erancis Trask, who said : lam a butcher. I was with you, for a short time on the 30th September. We went into three hotels, in that time, and had drinks. The reason we "went in Rowley's cab was that one of the party suggested we should encourage him, as he was in difficulties.

William Wright : I recollect you coming to my house and having some drink with the last witness, on the 30th September. I think you came before that, and had drink by yourself.

Constable Daniel £)ixon : I recollect coming to your house on the 30th September. Kowley and Jforriss came with me. You gave me the information I requested about Rowley, in respect to the robbery of Korriss. You told me you had seen Norriss with Kowley.

The prisoner read a statement to the jury. He said he had not acted in concert with RoAvley, nor had he attempted to defeat the ends of justice.

The last witness was recalled, and said the prisoner, when arrested, was lying on thf .sofa, but was not much the worse for drink.

The prisoner asserted that he was under the influence of drink, that he he had no motive to make a false statement, and that when he said two minutes he did not mean to confine himself to that time. No doubt the boy spoke truth, but as his_ mind was unoccupied, he might have over stated the 1 tune. He had no connection whatever with Rowley, no motive to state falsehoods, and if he had misstated the time it was in consequence of excitement when under the influence of drink. He threw himself on the candour of the jury, and hoped they would take a merciful view of the case.

His Honor defined the crime of perjury, and told the jury to pass over the question of the jurisdiction of the Magistrate,, which was one for future' consideration. It was important to consider whether the matter on which the charge of perjury was based, ■was material to the. inquiry, and whether the prisoner falsely gave that "the facts alleged, did' not take place. Two witnesses had directly contradicted the prisoner, and if^they were' reliable,- the jury had nothing to do with ; motive, with drink, as the cause of falsehood, or with the statement of the prisoner, that he wished to'stand well in. the estimation of his wife, the question was did the prisoner knowingly swear false 1 "about 'facts material to the inquiry. The' statement of the constable was against h& being: so confused by drink as not to /know what -he. said, where Jhe 'made the statement, which ;two witnesses, had contradicted on oath. His Honor read the evidence and pointed to

those parts in -which the nrisoneixvras contradicted by the other witnesses, and remarked the prisoner^did not'cross-examine.th^boy on'/tlie material facts - 6SsSed"'wTtiile'. he vras^ 'w-aiitifrg in the cab. It ! Vas : !npt\a^'4u'estipn of ' any^nijtmber of minutes,. lraV v&ethe'r ''tlie 'parties . were.lon'g enough ia the house fo'comjnit the robbery. His Honor said the case'' rested on 'thy credibility of, ';th& witnesses, and the jury must' cbnsider^hether ;the. f|£t fthat one of them had lapsed from Tirtuej.^yas^u^^it to justtty-them. in : refusing' to, accept her.' te^tpiohy as true. ~""' '■■' ■' ■-'■'"■ "' •" '' ■"'''•'•' '■•'" ~*

The jury, after a brief deliberation found the prisoner guilty. His Honor asked the prisoner if he could find sureties, as he should not pass sentence, till he had decided on the point of law. He would discharge him on his own recognisance of £100, and two sureties of £25 each, to appear when called upon to receive the sentence of the Court. The prisoner said he thought he could find these sureties. He was rextioved.

A man named Henry Merton, employed on the survey staff at Greymouth, recently attempted to cut his throat while in a state of delirium tremens.

The New Zealand Herald quotes the following extract from a privete letter addressed to a merchant in Auckland: — New Zealand flax is much enquired for here (London) by the rope manufacturers. I saw the bales opened ex Mary Shepherd, and found them good and strong, and in excellent condition, not being heated the slightest, as was reported and suspected they would be. The merchants say it is very valuable, as it can be worked up in all kinds of ways, even among silk. Surely this ought to encourage the colonists to do something in the matter.

The C. E. Mail has the following in reference to a cat-astrophy at Waipori : A purring case was heard before Major Croker the other day, respecting the possession of a cat, which happened to be a part of the goods and chattels bought in due. course of things, but had not been included in the transfer, in consequence of which another claimant steps in for pussey, which was known to possess the qualification of keeping rats and mice from having the run of the kitchen, was considered to be a good cause for litigation ; but our informant omits to say whether puss is now stroked iv the right direction, or whether their will be a little more scratching, remains to be seen, for there is always something interesting turning up in this lively township. However, we live in hope that all parties concerned will make it up again over a glass of old torn. The W. E. Post says the Caledonian games of the early part of this year were such a great success that we are glad to see a movement made for getting up sports for the New Year in this city on the same principle. There is to be horseracing at Hokifcika, at Christmas. The practise of stealing the plants and flowers which the hand of affection has planted on the graves in the Christchurch cemetery seems likely to receive a check, as two of the offenders were convicted and fined at the Resident Magistrate's Court. We (E. Mail) trust that this will have the effect of stopping a system of pilfering of a very heartless character. A hydraulic ram has been fitted up in the brewery of Messrs. Hamilton Ward and Co., of Christchurch. It raises water from the supply pipe of an artesian well, to the upper story of the premises, a height of 30 feet. On the Ist November a new church called All Saints, Burnham, near the Selwyn, Canterbury!, province, was consecrated by the Bishop of the diocese. The Superintendent of Canterbury made the following significant remarks, which contain in themselves more than can be actually expressed withoutjconsiderable space. Recent events in Hawkes Bay, added to a dozen parallel facts, prove very conclusively that the provincial Governments of the Northern Island, if let' alone, and; relieved from the pressure of. Southern interference in native affairs, are, with their own resources, capable of reducing the native population to a condition of usefulness and contented /subjection to law and order. . • Some of the Black swans, imported by the Christchurch City Council, and which strayed to the Horseshoe lagoon, have brought forth a second, brood, and appear likely, to . thrive; and multiply v,ery; satisfactorily. . . . . :