SUPREME COURT.

Nelson Evening Mail, Volume IV, Issue 49, 1 March 1869, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. [Before Ms Honor Mr. Justice Richmond ] This Dat. The sittings of the Court commenced this morning at 10 o'clock. The following gentlemen were called upon the Grand Jury:— H. Baly, J. E. Dodson, T. R. Fisher, H. Goulstone, W. C. Hodgson, P. M'Tavish, D. Luckie, S. H. Pike, D. Sclanders, S. Robinson, E. Davidson, J. Pierson, J. G. Miles, D. Pollock, W. S. Mortimer, A. Collins, A. J. Richmond, W, Burnett, R. Levien, J. Lowe, W. Wells, F. Huddleston, N. Edwards (foreman). His Honor, in addressing the Grand Jury, stated— that the calendar before them was, he •was happy to say, a very light one. It comprised one eharge of personal violence, and four ether .minor offences, namely, larceny and embezzlement, and one case of nousebreaking in the day time. The district was in a profound state of tranquillity, and the safety of both person and property was complete. Out state compared most favorably with that of the North Island, to which he had occasion to refer at the last sitting of this Court, but matters were far worse now ■ than on that occasion. He adverted to it then because it occurred to him that the administra- j tion of justice was scarcely practicable in the state of affairs in Taranaki, where they had to deal with a sa\age foe, and therefore the ordinary principles of common law were inapplicable. There was a case now pending in the Court of Queen's Bench with regard to a Colonial Act of Indemnity passed in Jamacia, which Act there was reason to suppose would prove invalid That was a matter of concern to us all, because it had now become impossible to carry out the ordinary law in an ordinary way in the North Island. The news that had just been received of the arrival of the Himalaya in Wellington, suggested to his mind that if we were to be burdened with the responsibilities of independence, we should also be permitted to enjoy its powers, and be enabled to deal with the urgent necessities of our position, and he believed that the same view would appear a just one to the home statesmen. As a judge of the Supreme Court, he considered it was not going out of his way to say that the ordinary law of England was quite inadequate to deal with such exigencies as we were now called upon to face without aid from the mother country. If the Jamaica Act of Indemnity were considered invalid it became imperative to deal with the state of the law. Medical certificates were presented in the case of some of the jurors, when his Honor stated that it was necessary that they should -style the nature of the disease, and that for the future Ue would not take a general certificate. MALICIOUSLY CUTTIKG AND ■WOUNDING. The Grand Jury having found .a true bill in the case of Eoger Pope, prisoner was placed at the bar charged on two counts, the first with maliciously cutting and wounding Arthur Kerr with intent to kill ; the second with committing the same offence with intent to do some grievous bodily injury. Prisoner pleaded guilty to the act but not to the intent, as_ he did not know what he Was doing. Mr H. Adams appeared for the prosecution, and Mr Combe for the prisoner. Arthur Kerr, who was obliged to use crutches from the effects of the injuries received, said : That as he was at work on a house at Havelock, the prisoner who appeared to be under the influence of drink, came and wanted Mm to get j down and fight, on his refusing to do so prisoner came up to Mm and laid hold of him, when he pushed him off the roof, upon which prisoner took up an adze and threw it at him, cutting his fingers and severing the muscles of the left thigh. Henry Hopper stated : That he was at work . with Kerr When prisoner came to the house and showing some scratches on his neck, said that Kerr had done those, and he meant to take it out of him. Witness corroborated prosecutor's evidence as to the manner in which the wound i was inflicted, and stated that the prisoner had j since expressed to him his sorrow for what he had done. Henry Williams, a medical practitioner, residing at Blenheim, described the wound as being a most serious one, penetrating to the bone and severing the muscles of the thigh. Mr Combe having addressed the jury for the defence, his Honor summed up, and told the jury that if they did not consider the wound was inflicted with intent to do bodily harm, they were at liberty to find the prisoner guilty of a misdemeanor. The jury after a short consultation r found prisoner guilty on the second count and recommended him to mercy on account of his wife and family. His Honor said, this was not a charge brought against a man who made crime a profession, but against an industrious and usually well conducted man, who had committed a rash act on the spur of the moment ; but it was necessary that the limbs and lives of her Majesty's subjects must be protected. He should sentence the prisoner to two years' imprisonment with hard labor in Picton Gaol. The Grand Jury found true bills in all the other cases. HOTJSEBBEAKINa Thomas Brown, was charged with breaking into the house of William Cates, of Waimea South, with intent to steal therefrom. Mr H. Adams appeared for the prosecution, the prisoner was undefended. William Cates said : That he left his house locked on the morning of 4th December last, the windows , would not open. Betweea 12 and 1 he went back having heard that his house was broken into ; on arriving there, he found the window broken and the door open. Inside the house he found a chisel which fitted the marks on the , window frame. > Nothing was missing from the house.

William Aldridge, a laborer living in Waimea South, stated : That he went tto Catee' house on 4th December between 12 and 1. He went there because he saw that the window was broken and he 'suspected something was wrong. On getting to the4*ouse he heard some one rush out at the back door and saw the prisoner running away. No one else was there. He ran after the prisoner and caught him, and took him to where Cates was working. Prisoner said he had broken into the house to get a drink of tea. Prisoner was found guilty, and sentenced to twelvemonths imprisonment with hard labor. EMBEZZLEMENT. Robert Chapman was charged with stealing certain monies from his master, .Francis W. ITlowerday. Prisoner pleaded guilty. Sentence was deferred until the termination of the criminal sittings. LARCENY FROM A DWELLING. Samuel Morrison was charged with stealing certain goods from James Deblois, of Motueka. Mr H. Adams appeared for the prosecution. The prisoner was undefended. James Deblois sworn : lam a farmer at Motaeka. I know the prisoner, he was living with me in October last. On the 21st of that month I saw him at the Swan Inn. He asked me to wait for him whilst he went to the Motueka Hotel, and he would walk home with me. I waited some hours, and as he did not , come I started without him. When I got home I missed my watch. I identify the watch produced as mine. I looked about and found several other articles were missing. The ring produced, I recognise as my property. I did not see prisoner again until I saw Mm in Court a month afterwards. George Glover: I am a watchmaker, residing at Motueka. I recognise the watch as one that was brought to me by Deblois' some time before it was stolen from him. William Flett : lama constable in Nelson, I arrested the prisoner on 30th November last, on the Haven-road. I searched Mm and fonnd the watch, produced, in his pocket, and this ring, on his finger. He tried at first to escape. The prisoner stated that he had been working for Deblois and had received the watch in payment for his services. Prisoner was found guilty, and ordered to be brought up for sentence after the next case was concluded. The case of Jacob Heberley for Felony, was being proceeded with when we went to press.