SUPREME COURT.

Nelson Examiner and New Zealand Chronicle, Volume XXIV, Issue 59, 18 May 1865, Page 2

SUPREME COURT.

Tuesday, Mat 16. [Before the Honourable Justice Johnston.] CRIMINAL SITTINGS.

The Supreme Court sat for the despatch of criminal business, this day, at ten o'clock.

The following gentlemen were sworn in as the Grand Jury : — Nathaniel Edwards, foreman ; J. W. Barnicoat, H. Baly, O. Curtis, H. B. Huddlestone, W. C. Hodgson, A. Sclanders, A. W. Scaife, J. Watkins, J. Beit, A. Collins, E. Davidson, F. Huddlestone, G-. W. Schroder, H. H. Stafford, W. H. Turner, and A. G\ Jenkinß.

The following contains the more important porsions of the Judge's charge : — " Gentlemen of the Gband Jubx of the Middle Judicial Distbict of New Zealand —

" Before proceeding to the special business of the day, I cannot refrain from alluding to the loss which the Province of Nelson has, since I last addressed a Grand Jury in this place, sustained in the person of its late Superintendent ; snatched by an untimely and sudden death from the discharge of important public duties, and from the enjoyment of domestic happiness, and of the respect of his fellow citizens and colonists.

" I cannot, on this occasion, forbear from offering my tribute to his memory — from acknowledging the uniform courtesy and consideration which, during my judicial career, I always experienced at his hands, and the anxiety he always evinced to assist and promote the administration of justice ; and from expressing a hope that the services of his life, and the losa entailed by his death in discharge of his publio duties, will be remembered with due gratitude by the province over which he, for so long a period, bo creditably presided.

"Nor is his the only loss we have to deplore. Another worthy citizen has, within the last few days (and since he received a summons to take his place among you to-day), been removed to his last rest.

"And there is one more familiar face which I have been wont to see in that box, which I miss now, and shall not Bee again.

" Surely, gentlemen, these visitations of the Almighty will not be all lost upon us, but will teach us 'so to number our days that we may apply our hearts unto wisdom,' and help to make us more humble and sober-minded, and more and more anxious to perform the duties of life both in public and in private, as we shall wish we had done should we ourselves he summoned to render our final account."

The learned Judge then proceeded to comment on the several cases for trial, saying —

" Although the numbev of cases is greater than usual, I see no reason for coming to the conclusion that any particular species of crime is rife in this province. In analyzing the calendar, I find there are twelve charges against thirteen persons. Three of the offences were committed within the Province of Marlborough, four at Hokitika, in the Province of Canterbury, and five only within the Province of Nelson. I understand that the reason for the four cases from Hokitika having been referred to Nelson for trial, is to be found in an arrangement made between the Local Governments for the saving of expense, to the public. Our system of judicature, fortunately, permits such an arrangement to be made. The law, as applicable to the several cases set down for trial, was then very lucidly explained to the Grand Jury."

EXCUSE TOB NON-ATTENDANCE OP JUBOBS.

Dr. Cusack attended, as medical attendant upon Mr. J. D. Busby, to state that he was not in a state of health to attend as a grand juror. Some petit jurors were also excused from attending.

The Judge : I wish it to be understood that I do not necessarily require the presence here of a medical man, in order to secure the excuse of a juror from. attending to his duties. It is sufficient if any credible person comes and states on oath, that the party summoned is, for some valid reason within that person's knowledge, unable to attend.

LABCENY.

Charles Soiois JEnderly was indicted for having, on the 29th September last, stolen one gold watch, and gold guard chain, the property of George Henry Myers. Prisoner pleaded Not guilty. Mr. Henby Adams appeared for the prosecution, Mr. Pitt defended the prisoner.

Mr. Henry Adams having stated the case to the jury, called the following evidence :— G-eorge Henry Myers being sworn, said : I reside in Nelson, and am a sheep farmer. I know the prisoner, who resided with me at my house in September last. I went to Mr. Potter's public house on the 25th September last. Prisoner was then with me. I had got the worse for drink that day. When I went to Potter's, I had my watch with me. Prisoner and I were in Mr. Potter's bar-par-lour. Ido not recollect having taken the watch out of my pocket. I left Potter's between nine and ten o'clock at night, with the prisoner, I believe. On the following morning, about nine o'clock, I spoke to prisoner about my watch. I asked if he knew what .1 had done with it. Prisoner Baid, "Yes; don't you remember breaking it in pieces at Mr. Potter's house?" I said "No." He said I had done so. Prisoner subsequently went out, saying he would go to Potter's ; and, having been absent about one hour, returned with the inside cap of the watch, and said that was all he could find belonging to the watch. He said he supposed the watch had been broken to pieces, and that there being a number of diggers in the house, they must have scrambled for the pieces. I have since seen the watch in the possession of Mr. Cann. [The watch was here produced]. This is my watch. It now has a cap on. I had given prisoner back the cap, and he suggested that it should be thrown away. I have since also seen the chain. It was produced before the Magistrate. [The chain was here produced]. This is my chain. I have not seen another one like it.

Cross-examined : I do not recollect what occurred that evening. I knew prisoner saw me home. A boy also accompained us. Ido not know where I went after leaving Potter's. Prisoner breakfasted at my house next morning. I think prisoner may have spoken to me about informing the police of my loss. I did not tell prisoner that, if he found the watch, he could keep it.

Ec-examined : On the following morning I was not conscious of what had occurred the night pre* viously, but I knew what I was then doing.

George Potter, being sworn, said : I am proprietor of the Coach and Horses. I remember prosecutor being at my house in September last ; it was when prisoner was with him. Prosecutor was then drunk, but not so drunk as I have seen him. They left my house at about eleven o'clock, having stayed about twenty minutes in my bar-parlour. So one else was with them. I served them with two glasses of ale. I saw Mr. Myers in the act of winding up a watch, and, whilst doing so, he fell down on the floor, and the watch fell from his hand. Prisoner picked it up. I said " Give it to me to take care of till morning ;" but prisoner said he was stopping with Mr. Myers, and would take it home. He did not give it to me. I left them in the room together, and they subsequently went into the street.

John Cann, being sworn, said : lam a tailor. I know prisoner, for whom I mode some clothes in September last. I afterwards requested him to pay me, and he said he could not pay me then but would call in the afternoon and do so. He did so call, and said a friend of his would be there directly to pay what he owed me. He waited twenty minutes, and then went to seek his friend. Prisoner returned, and gave me a gold hunting-watch to hold as security. I kept the watch some days, and, having had a conversation with Mr. Myers, he came to my house and I showed the watch to him. I afterwards gave it to a constable. Cross-examined : Mr. Myers once came to my door with prisoner, but did not apeak to me.

Emily Morey, being sworn, Baid : I know prisoner, who lodged at my house for a fortnight. He left a watch-chain at my house for me to take care of. I gave it to tho Sergeant of police three days after I had received it. Edwin Edwards, being sworn, said : lam sergeant of police. I have this day produced a watch here which I received from Mr. Cann, and a chain which I received from Mrs. Morey. This concluded the case for the prosecution. Mr. Pitt then addressed the jury for the defence, and called evidence as to character, but neither witness appeared to have been acquainted with the prisoner's recent conduct. One believed that he had come from England as doctor on board a ship, and had never heard anything against his character ; the other had formerly known the prisoner intimately, but both witnesses had lost sight of him for some time and could not say whether or not he had been tried for any offence committed in the colony. The Judge then summed up the evidence, and the jury, without retiring, brought in a verdict of guilty. Prisoner was sentenced to twelve months' impri-' Bonment in Nelson gaol, with hard labour. ABSENCE OF WITNESSES. Two witnesses in one of the cases from Hokitika were not present, and the case could not, therefore, be sent before the Grand Jury. Their names ■were Alexander Black, and James Else. The Judge : Mr. Adams, you prosecute in this case ; why are the witnesses not here ? Mr. Adams : I cannot say, except that it is possible, from the rough weather, the steamer has been detained. A steamer is now, I know, some time overdue from Hokitika. The Judge : You must make an affidavit, showing such cause as will justify me in requesting the Grand Jury to attend on another day. It would be lamentable to let the ends of justice be defeated. An affidavit was subsequently made by Mr. Adams, and the Grand Jury adjourned until Friday morning. HOUSEBBEAKING. John Robertson was indicted for having been found unlawfully inside the Nelson Post-office at night. Prisoner was undefended, and, from his singular manner whilst pleading, caused the Judge to make certain inquiries concerning him. The Judge : Prisoner, do you understand the charge now preferred against you ? Prisoner : Seing in the Post office at night. The Judge : You are charged with having been fralnTrfull^- tliere at nignt, frith tile intention to commit a felony. Prisoner, who looked vacantly around him on beiug again addressed, said : No, not for felony, I did not enter for that. The Judge : Prisoner's plea is in fact not guilty. He had better be removed. I cannot permit his trial to proceed until his state of mind has been certified to by a medical man. Prisoner was then removed. FAILTJEE TO SUEEENDEB. William Smith, out on bail, failed to surrender himself for trial. The Judge : Let the recognizances be estreated. These attempts to evade justice must be followed up and the bail estreated, whatever it may cost the colony. lABCENY. Philip Lawrence, was indicted for having, in the Province of Marlborough, on the 18 th April last, stolen £5, the property of Thomas Mostyn Humphries. A second count charged prisoner with having received the money knowing it to have been stolen. Prisoner pleaded not guilty. Mr. Heney Adams appeared for the prosecution ; Mr. Pitt defended tho prisoner. Evidence was given, showing that prisoner, an auctioneer, had given a one-pound note to the prosecutor in payment of certain fees, and that, not being able at the moment to ascertain what those fees were, the note was put in a wafer-tin and there left. Prisoner again called, and the amount not having been then ascertained, the prosecutor opened a drawer and gave back to prisoner what he thought was a pound note, but which on subsequent inquiry provea to be a five-pound note. Prisoner was sent for, and denied having received any other than a onepound note. Charles Henry Moffitt, a solicitor, practising in Marlborough, swore that he was present when the note was returned to prisoner. It was folded up, the printed matter being inside. The prisoner, who was near-sighted, opened the note and held it near to his eyes ; whilst so doing, Mr. Moffitt saw that it was a £5 note. By the Court : Before it had been opened by prisoner, I could not positively swear that I knew it was a£s note. I thought it was, from the colour. I cannot swear that I knew it to have been a note for £5, before I saw it put into prisoner's hands. The Judge : Mr. Adams, can you go on with the prosecution ? There is no doubt of gross immorality on prisoner's part, but you must prove that he knew it was a £5 note at the moment he obtained it, before you can make it a case of felony. After subsequent consideration, The Judge said : I am of opinion the indictment for larceny cannot be maintained. No felonious case has been proved. Prisoner had to receive £1, and there is no evidence to prove that at the time he received a note he knew it to be other than a £1 note. His subsequently ascertaining a knowledge of it being for £5, will not make his act larceny. If, at the instant he received the note, prisoner had known its value, it would have been larceny. By Mr. Moffitt's evidence, it is clear that prisoner did subsequently know it was a note for £5, and, though prisoner must now be found not guilty, it does not make his conduct less reprehensible. A verdict of not guilty was then returned by the The Judge : Prisoner, don't fancy you go out of this Court with your character vindicated. Thomas Taylor pleaded guilty to having stolen the sum of £28 from Peter O'Dwyer, in the province of Marlborough. Prisoner, in reply to questions by the Judge, said he was a stranger in these parts. It was, however, ascertained from witnesses, that prisoner had said he came from Auckland, and they believed that he had deserted from a regiment of Waikato Volunteers. Tho Judge : Prisoner, you are a young looking man, and if this is your first criminal offence I must say it is a serious one. I shall treat it as a first offence, and trust it will act as a warning to prevent you falling into other crime. Prisoner was then sentenced to six months, imprisonment with hard labour. HIGHWAY BOBBEEY. Michael Clarice and James Curnell were indicted for having taken £47 from the person of Francis "YVakefield Hine, on the Haven-road. Prisoner pleaded not guilty. Mr. Henby Adams appeared for the prosecution j Mr. Pitt defended the prisoner. *- Francis Wakefield Hine, being sworn, said: I now reside in Nelson. I came here on the 30th of April, from Taranaki, by the steamer Phoebe. I know both prisoners, having seen them in Taranaki. I saw them here in town on the 30th April. I went into some public houses with them on that day, and we had drink. I was sober, and I thought prisoners were so. Prisoners took me to a brothel, in Bridgestreet, and I staid there till nearly twelve o'clock. I knew what I was about, but was pretty jolly. We then went to a bad house in Hardy-street. I drank there also, and prisoners and I left at about half past one o'clock and went towards the Beach. I walked arm-in-arm with both prisoners, till, between the Victoria Hotel and the Anchor Inn, the prisoners let my arm go, and Clark stepped to the back of me, and placed his arms tightly around my throat, so tightly that I could not speak. Curnell then went in front of me, and tore lny breast pocket out. My pocket contained between £47 and £50 iii sovereigns and half-sovereigns. I saw Curnell take my money. I had told prisoners that I had money on me, and asked Clarke to accompany me down the beach. After Curnell had taken the money, Clarke let me go, and I fell to the ground.

daTke then struck me in the eye, and made my eye black. I got up, and then walked to the port, and went on board ship. I informed the police of the occurrence at eight o'clock next morning. I have not seen my money since. Cross-examined : I met the prisoners, and I proposed to them to have something to drink. Witness then described what drinks he had partaken of, such as negus, ale, sherry, egg sherry, &c. ; and said, I have been convicted in Taranaki of sly grog selling. I did not suspect prisoners of having informed against me on that occasion for they were not in the town. Other information was called in confirmation of prosecutor's statement. Mr. Pitt addressed the jury for the defence, and the jury retired to consider their verdict. After having been absent for a short time, they returned with a verdict of guilty. The Judge : Prisoners, but for the circumstance that I believe you had not previously concocted this robbery, I should have sentenced you to a long period of penal servitude. Yours was b highway robbery, approaching those which (caused a panic throughout England. Did I think you had planned to make the prosecutor drunk and then rob him, I should certainly make your sentence more severe. I however agree with your counsel, that there is no evidence of your having acted under previous concert, and I therefore look upon your case as not so aggravated as it otherwise might have been. I believe you well know each other to be capable of committing depredations, and hence your sudden attack upon the prosecutor, in which both so materially assisted — Prisoner Curnell : 1 have two documents I wish to show you. The Judge : You are too late, I cannot look at them now. I hope the sentence I shall pass will not serve to encourage such crime. The sentence of the Court is, that you each be imprisoned and kept to hard labour for two years. Adressing prisoner Curnell, the Judge then said : Now I will look at the papers you say you have, but they will not affect the sentence passed upon you. Prisoner : I decline to show them now. "Wednesday, May 17. The Court opened this morning at ten o'clock. The jury all answered to their names. LAECENY. William Green was indicted for having, on the 9th of April, stolen fifty-five ounces of gold from the store of Richard Cox, at Hokitika. A second count charged him with having received the gold, knowing it to lia/ve been stolen. Mr. Henry Adams appeared for the prosecution. Prisoner was undefended. Richard Cox, being sworn, said : I am a storekeeper at Carrigan's gully, Hokitika. lam in the habit of buying gold. My store is a tent of canvas. I sleep in it. The Judge : Can you, Mr. Adams, make this out to be a dwelling-house ? Will any body call an exaggerated umbrella a dwelling-house ? Witness : My tent is on a frame, let into the ground. It is complete, and has a chimney, and cannot be removed without disturbing the soil. The Judge : These points are most important, as showing that such tents, if fixed, will belong to the freeholder. Witness: I bought gold on the 9th of April. I used to empty gold I had bought into the cleaner again which I had used to separate all the dust from the gold, thence into a drinking glass, and when that was near full, I emptied it into a bag. Until full, I left the glass in a hole in the ground near my feet. When I emptied the gold into the bag, I left the bag also at my feet, near the hole. The place where I put the gold could not be seen from the outside of the counter. The counter is not solid. Tiers of bags of flour were outside the counter, and some sides of bacon. At about three o'clock was the last time that I put gold into the bag. I saw the bag was safe after five o'clock. I saw prisoner in my tent during the day. In the evening. I saw prisoner walk out of my tent, apparently sober. A man named Brown followed prisoner out. I subsequently missed the gold, which I had lifted from the ground and placed under the counter on my bed. I did not again see Green until next morning. I asked what he had done with the bag of gold he had taken the previous night from me. He said he knew nothing about it. Prisoner pretended to be drunk, and said he had been out all night. His clothes seemed wet. I asked him to go to the township, and he refused, stepped back and clenched his fist. I put my hand inside my coat, pretending that I had a revolver. Prisoner said, " You may shoot, if you like." I said he had better go with me, and he went. I gave information to the pohce, and prisoner was apprehended. While prisoner was in my place, and before he was taken by the police, I ha,d conversation with him. I urged him to give me the gold, and said it would be better for him to tell. I said I wanted nothing but my own. The Judge : Can you, Mr. Adams, ask now for the witness to detail that conversation ? Mr. Adams : If he made a threat or held out a promise it would I know exclude the evidence. The Judge : A constable or magistrate telling a prisoner it would be better for him to tell what he had done, is sufficient to exclude evidence as to what a prisoner then said. Was this prisoner's statement obtained by the prosecutor by hope or fear ? Certain cases were read by the learned Judge, which made it clear that the conversation could not be admitted. Mr. Adams : I will not press the question. I think I can succeed without it. The Judge : I regret, for the ends of justice, that you cannot press the question, but the rules of evidence must be maintained. Witness, in continuation, said : Subsequently the prisoner sent for me, and, whilst sitting by the fire, said he wished to tell me about it. The Judge : Stop. I will now see whether the inducement to confess still existed. When you went to Q-reen in the morning, did you or any one caution him? Witness: No. The Judge : It is ruled that evidence cannot be received after an inducement had been held out to the prisoner to confess. I therefore exclude it. Witness continuing : Prisoner and two constables accompanied me to a place close to two tents, outside of which lay a large log. We searched for the gold but found none. Cross-examined by Prisoner : You were drunk on the day the money was lost. Charles O'Domiell, being sworn, said : lam a constable stationed at Hokitika. I went to prosecutor's store on the 10th April last, in the afternoon. I met Green coming towards the store. I said " Have you found the gold ?" Green said " No. I have not found it." The further evidence on this point was excluded, it being subsequent to the inducement held out by prosecutor. Mr. Adams : I don't think, then, that I can carry the case farther. The Judge, addressing the prisoner, said: You committed the offence in all probability, and your accomplices may yet be detected and punished. Had you been found guilty of a charge like this, I should have deemed it to be my duty to treat your offence as infinitely greater than larceny committed witliin an ordinary dwelling-house. Difficulties must exist in protecting society upon newly-formed gold-fields, and the law must step forth with its strong arm to defend and secure property. I shall consider it my duty to punish any infraction of the law, and the use of weapons upon the gold-fields, a great deal more severely than if it were committed in the midst of a well-protected town. Do not fancy that a second time you will have such a chance as this. I hope the police may yet discover your accomplices. The police deserve backing up by all well-disposed persons, because the fruits of labour depend for security upon the law, and the law only. I want it distinctly understood, that it is of no use for men to work for gold, unless they have security that they can hold it under the law.

TELONIOU3 BECEIVING.

John William Bennett was indicted for having feloniously received a watch-chain and locket, value £5, knowing the same to have been stolen.

j Mr. H. Adams appeared for the prosecution ; Mr. i Pitt for the defence.

In this case, the Grand Jury had ignored the first count of the indictment, which alleged the stealing, but had found a verdict on the second count, which charged the prisoner with having received the articles knowing them to have been stolen.

Some considerable argument arose as to -whether the Court could take cognizance of the first count of the indictment, now that the Grand Jury had ignored it.

It was ultimately decided that the case should go before the jury, and, if a verdict of guilty should be found, that then the argument should be re-opened.

Mr. Adams then opened his case to the jury.

The Judge : I shall tell the jury that, if prisoner is proved to have been in possession of the watch, without showing reasonable cause as to its possession, they must find prisoner guilty of theft. How can that come under the second indictment ? This poiut was reserved. Mr. Adams was about putting in the depositions taken before the Magistrate, The Judge : Though I see a name signed on each sheet of these depositions, the statutory form has not been complied with. Magistrates may think, if they comply with the spirit of a statute, they do enough ; but that is not so, they must strictly adhere to the statute. Now these depositions are not properly signed by the Magistrate, and I hold cannot be used.

Mr. Adams : These depositions are all-important to my case.

The Judge : Well, take the evidence, and we will then see.

Thomas Connor, being sworn, said : I am a miner, and reside at Hokitika. When I left my tent one morning, I left a watch, chain, and four one-pound notes in my pocket. I returned at half-past five, and I missed my watch and the notes, and I gave information to the police. I have since seen the watch. I bought the watch of Mr. Murray, in London. [The watch was here produced]. That is my watch. When I lost it, the minute-hand was on it. It is not now there. The number is 5,726.

Cross-examined : I only know my watch by the number, and general appearance. I lost my watch on the Ist of May, at Six-Mile Creek. Charles O'Donnell, being sworn, said : I am a constable. The last witness told me he had lost his watch. He described the watch, and gave me the maker's name and its number.

Patrick Howard, being sworn, said : lam a constable at Hokitika. I arrested prisoner on the sth of May, on the charge of stealing a watch. I found fcllG writ ell I linvo produced upon liixkl. Ho said xx.& had bought the watch in Christchurch, but subsequently corrected himself, by saying it was at Port Lyttelton.

Cross-examined : I asked prisoner to shew me the watch, and he did so. I said he would have to go to the camp, and he said he would. Mr. Pitt here argued that there was no evidence against the prisoner, other than to prove the stealing, for which he had not been indicted.

The Judge : I hold there is no evidence of receiving. The goods were stolen, perhaps by the prisoner, and the jury must say not guilty, and Mr. Adams may decide, as the Grand Jury have not been discharged, whether he will prefer another indictment. HOUSEBBEAKING. John Robertson was placed in the dock, charged with having been in the Post-office, Nelson, on the

13th February, with intent to steal.

Mr. Adams : In this case I do not propose to offer any evidence against the prisoner, as, from medical inquiry made, I cannot expect to get a conviction.

The Judge directed the jury to bring in a verdict of not guilty, and expressed a hope that the police would look after Robertson.

LAECENY.

Edward Kennedy, James Baker, and Frank Smith, were indicted for having stolen the sum of £4 15s. from John Scholeß. Prisoners pleaded not guilty. Mr. Adams appeared to prosecute. Mr. Pitt defended the prisoner Smith.

John Scholes, being sworn, said : I reside at Hokitika. I knew prisoner Kennedy at Christchurch. I Baw him at Hokitika on the 2nd April. I asked him to drink with me. Annie Smith supplied us. I had three notes, four half-sovereigns, and a shilling, in a bag in my pocket. One note was torn at the corner, another had a hole in it. Before I went into the public-house, I asked Kennedy if he had any work, and he said lie had neither work nor money. Kennedy was a cabman in Chriatchurch. I subsequently had other drink with other persons, and then changed a half-sovereign. Kennedy was then near me. I was nearly tipsy, but I knew what I was doing. Kennedy told me he had a tent, and I went with him to the tent and lay down. I slept for an hour and a-half or two hours. I awoke at about half past five. I found my purse and inonoy gone. Kennedy was then on his knees in the tent. I said " I have lost my money ;" and Kennedy said, " Oh, yes, I've got it ; it's all right, Jack." I asked him for it, and he said, " I shan't give it you." Subsequently, he said, " Jack, I have not got it." I asked Smith if he had my money, and he said, "No." I said, " I know you have got it ; you had better give it to me." Smith then blackguarded me. I saw Smith pull a leather bag, like mine, out of his trowsers pocket, and put it under him. I said, " Kennedy, give me what money you have on you, if it is only a shilling. I will forgive you." Kennedy said he had nothing. Smith said, " Oh, give him what you have." I gave information to the police. A constable, named Cooper, and I, went to the Victoria Hotel, about one hundred and fifty yards away. Tho master of the house showed me about twenty notes, I picked out a one-pound note that was marked, so that I knew it. It was torn in one corner.

Cross-examined by Kennedy : I did not give you my purse.

Cross-examined by Mr. Pitt : I do not know of what bank the notes were that I lost.

George Cooper, being sworn, said : I received in formation from the last witness that he had been robbed. I searched for the property that he had lost. I went to Kennedy's tent, and told him a robbery had been committed, and he said I was at liberty to search him. I found on him a half-sovereign, and 6s. 6d. in silver. I searched Smith, and found nothing. I went with Scholes to the Victoria Hotel, and made inquiries, in consequence of which the landlord produced a bundle of notes. Scholes looked over them, and picked out the one produced this day. I called in the barmaid, who saw that note.

Margaret King, being sworn, said : I was bar-maid at the Victoria Hotel, at Hokitika, on the 2nd April. Prisoner Baker came and had a nobbier and paid me with a one-pound note, torn at one corner. I gave that note to my master. I gave nineteen shillings change. I afterwards saw the prosecutor and constable Cooper and a note was on the table. It was the one I had taken from prisoner Baker.

Cross-examined by Baker : I know the note produced, by an A that was on it, and writing on the back.

The Judge : Are you sure the A and the writing were on it ? Witness : Yes. By the Judge : I might be mistaken about the writing. The Judge : You can not be mistaken.

Witness : I fancy the writing was on it.

Maria Hannah Smith, being sworn, said : lam barmaid at the Albion Hotel, Hokitika. I know the prosecutor, whom I saw with Kennedy before our bar. They had three drinks. I served them. Scholes paid for them. He gave me a one-pound note which he took out of a chamois leather purse. Scholes gave the purse to Kennedy to untie, and I 6aw two one-pound notes and four half-sovereigns. I subsequently saw Kennedy and two other men with him, not the other prisoners. Kennedy paid for the drinks with half-a-sovereign. He took it out of a pur6e the same that I had seen before with Scholes.

The Judge : Are you sure he gave you half-a-sovereign ? Witness : Yes.

The Judge : How came it that you swore before the Magistrate, that Kennedy gave you a pound note ? Which is true, which is false ?

Witness : Prisoner gave me half-a-sovereign. Mr. Adams : The witness may have been misled. The Judge : No, Mr. Adams, she was not entrapped by a counsel for the defence. She was asked by the Judge holding the scales of justice evenly. Constable Cooper recalled : The W. H. R. on this note are the initials of W. 11. Revell, Resident Magistrate, and were not on the note when I first received it. The Judge : Mr. Adams can you go on ? Mr. Adams : No.

The Judge : It would be perfect madness to ask the jury for a verdict on such evidence. The witness, Margaret King, swears that the writing W. H. R., was on the note when she received it, whereas it was only put on by the Magistrate after the charge of theft had been made ; and the evidence of the last witness is also most contradictory, for now she swears she received half-a-soverign, whereas before the Magistrate, she swore she received a note from prisoner Kennedy.

Mr. Pitt addressed the jury for the prisoner Smith.

The Judge summed up the case, and the jury, after retiring, found a verdict of not guilty against all the prisoners.

The Court then adjourned till Thursday morning, at ten o'clock.