SUMMARY OF PROCEEDINGS. 5th and 6th June.

North Otago Times, Volume IV, Issue 68, 8 June 1865, Page 3

SUMMARY OF PROCEEDINGS. 5th and 6th June.

Charles Pearson Fox, the young man who was committed for trial on charge!! of burglary and robbery at the Post Office, Dunedin, in which he was a clerk, was brought from Gaol and was discharged from custody by Mr Justice Richmond; the Grand Jury having ignored the bill against him. At the same time that the Grand Jury made this return, they biought in a true bill against William Ford and Ellen Anderson, for the murder of " Charley," the Get man ; and also a tiue bill against William Boycott, for horse-stealing at Oamaru. Theie being no other bills foi the Giaud Jury, they were thanked by His Honour for their services, and were discharged. John Kiordan has been found Guilty of having, on the 31st March, attempted to set fire to premises belonging to him, in Walker street, with intent to defraud the New Zealand Insurance Company. There was a good deal of technical evidence at the commencement of the trial, as to the registration, Ac, of the Insurance Company; the Crown Prosecutor explaining that the law of the Co'ony— but not of the home countiy — rendered it necessary to charge that a misdemeanour of the kind for which the prisoner was indited, was committed with intent to defraud some person or body corporate, although, of course, in the event of a successful commission, the loss to the owner or insurers of the particular property, would be but a small portion of the injury inflicted. During the sitting the Crown Prosecutor mentioned the case of James Gardiner, who had been committed for trial by the Resident Magistrate at Oatnaru, on a. charge of obtaining money by a false pretence. He (the Crown Prosecutor) could not discover nny case agniust Gardiner, from the depositions ; and he was confirmed in his belief that there was no case, and that there ought not to have been a committal by what he had learned from the prosecutor. He doubted whether, under any* ciicumstances, the obtaining of a meal or I meals, as" in this case, could be brought M'ithin the statute, which specifically mentioned money, chattels, or valuable securities. There was a case in the books, in which it was held that a loaf was not a chattel within the statute. The Judge said he should be soiry that it should go forth that a man might obtain meals by false pretences, and not be punishable under this statute. He could not admit any such doctrine; for it seemed to him that what was supplied to a man to eat in such a case, would be in the nature of a chattel. He would look at thtt depositions, to satisfy himself as to the general statement that there was no case against Gardiner. Later in the day, when the Grand Jury had got through all the other bills, the Crown Prosecutor again mentioned the matter. He said that the statement of the prosecutor was explicit— that he supplied the meals on account of Gardiner's respectable coat ; and not from anything said about nfoney. The Judge agreed that, under such circumstances, the bill ought not to be sent to the Grand Jury ; and that Gardiner (who is on bail) must be discharged. Thomas Whitehead, alias Brummy, tried for the wilful murder of David Stewart, at the Mataura diggings. The jury were out of Court 55 minutes, and their verdict was " Guilty." Mr Justice Richmond, with much emotion, sentenced the prisoner to death, and, in effect, told him that he must not entertain a thought of being reprieved. Mr Smith mentioned the case of John Riordan, convicted of the misdemeanor of unlawfully attempting to set fire to premises in Walker-street, his property, with a view to defraud the New Zealand insurance Companv (Limited) ; and it was arranged that the motion in arrest of judgment should be made on Saturday morning. SENTENCES. Audrew Stevens (30), for receiving a watch and chain, knowing them to have been stolen — Four years' penal servitude. The prisoner had previously been convicted of two or three offences. Duncan Young ( 35 ), unlawfully wounding — Six months' imprisonment, with hard labor. John Lloyd (20), for forgery — Two years' imprisonment, with hard labor ; for uttering a forged cheque — Six months' hard labor ; for horse stealing — Six months' hard labor ; in all, three years' imprisonment, with hard labor. — Daily Times.