SUPREME COURT.

New Zealander, Volume XXI, Issue 2296, 9 December 1864, Page 5

SUPREME COURT.

(Before Chief Justice Sir G. A. Arney.) Tuesday, 6th December, 1864. JURY. John Porter was excused from attendance, on prodHcing a medical certificate. The following gentlemen served on the jury: Messrs. Alfred Booth, Andrew Steen, Joseph Baker, Jhmes Webb, Eobert Macdonald, G. ißroadfoot, J. Wilson, "Henry Lee, Jas. Redshaw, John Walter, W. Mackinnan, and J. Macleod (foreman.) FELONY. Charles Charrett was charged with breaking into the shop of Frederick Lambert Prime with the intent to steal goods therefrom, on the 17th September last. William Clifton, shopman to Mr. Prime, deposed to his having been sleeping on Mr. Prima's premises, in Queen-street, where the robbery took place. On the 17th of September lasl witness had gone ou', and locked the door on the outside, and on his return he found that a forcible entry had been made into the stove. Francis Lipsey, the apprehending constable, deposed to having seen the prisoner leave the premises on the night of the robbery, and to having apprehended him ; a key was found upon the prisoner that locked and unlocked Mr. Prime's door. At this of the proceedings, the Court ordered the acquittal and discharge of the prisoner, in consequence of an informality in the indictment, CIVIL SITTINGS. ";pHis Honor announced that the Civil sittings would be formally opened to-morrow (Wednesday), and then further adjourned to Monday next. OBTAINING GOODS UNDER FALSE PRETENCES. Albert Klaprodi (a Pole, known as the Russian Count) ; wasf charged with obtaining £4O from one Ewen Caneron.on 6th July by the false pretences that he was a merchant doing extensive business, and owned 150 boxes candles and 150 boxes tea, for which he was paying storage and insurance, and that he had £7OO worth tobacco in Bond, &c. There were three indictments. The prisoner was defended by Mr. Wynn. The following jury was empanelled : —Messrs. G. Broadfoot, 11. Downs, Andrew Steen, John iVJacnamara, T. Ridley Leighton, Alfred Bath, C. H. Barnett, John Lee, John Chalmers, John Sutclifr, and Frederick Baker (foreman). The prisoner challenged two jurors,—Mr. Shirley Whitfield Hill, and Mr. John MacLeod, who accordingly withdrew and their places were supplied by Messrs. Chalmers and Sutcliff. At the request of Mr. Wynn, Mr. Moritz Samuel Leers .vas sworn in, to act as interpreter for the prisoner. The Crown Prosecutor opened the case and called Ewen Cameron as the first witness : the history of this case has been very fully given in our police report a short time since, nnd the whole gist of it is given in the counts of the indictment stated above. Gabriel Lewis, Henry Freeman Andrews, Richard .Tames Vercoe, John R. Vale, George Jenki-s, and William Robins Dickson gave evidence in the ca^e. Counsel having addressed the jury pro and con, His Honor then summed up the evidence. The Jury returned after a very brief consultation with a verdict of guilty. In answer to an inquiry from the Court, the Crown Prosecutor said that the other indictments were for £3O and £lO. His Honor said that he would read the depositions before deciding if the indictments should be tried. The sentence was deferred till to-morrow morning, (Wednarday.) The Court then adjourned at about 6 o'clock. Thursday, December 8, 1564. The Court sat at 10 o'clock. FALSE PRETENCES. William Frank Montague Warden was chared with obtaining £9, one pair of Bedford cord trousers, and between £3 and £4 in cash, from Ralph Simpson, on the sth September, by means of various false pretences. First, that he was possessed of £l5O, deposited in the hands of Mr. Kennedy ; secondly, that he held a bill for £2OO, endorsed by Sir Henry Havelock, who was a particular friend of his; thirdly, that he was particularly acquainted with several officers of the 18th Regiment, especially with Mr. Corrie and Mr. Nichol. And by means of these false pretences he obtained possession of the aforesaid goods from Ralph Keesing. The following gentlemen served on the jury : Messrs. Andrew Steen, Alfred Booth, Fred. Baker, H.

Lee, J. Lee, G. Broadfoot, Andrew Kelly, J. Buchanan, J. Chalmers, J. McLeod, T. Ridley Leighton (foreman.) Shirley Whitfield Hill was challenged by the Crown, and Robert MacJonald by the counsel for the prisoner. Ralph Simpson, deposed : I am a storekeeper, and contract for supplying the troops at I recollect Saturday, 3rd September. I saw prisoner in my store on that day. lie wrote me a note (this note was on the depoiitions), now produced. (The note was then read in Court); it asked Mr. Simpson to cash certain cheques. In consequence of receiving that note, I sent for the prisoner the same day. I asked him in case I cashed any future cheques, if they would be all right on presentation ? His reply was, "Certainly, I have £lsoin Mr.Kennedy's hands, at the Bank of New Zealand," Be stated that he also had a draft endorsed by Sir Henry Havelock, for £2OO. I asked hin if he was known to any one in the. camp ? He said he was known, and named two gentlemen with whom he had dined on the previous night of the 18th, at the mess. On the faith of that representation, I told him he might have any credit he liked. On the faith of his having £l5O, as I understood, in the Bank; there wa» no other representation made at that time that induced me to let him have the money. The representation of having a draft endorsed by Sir Henry Havelock, had no effect in induciug me to give the prisoner anything. I gave the prisoner £9 in cash, and a pair of Bedford-cord breeches, value 295, he already owed me £3 or £4, making a total of" £l4 9s. Before I gave him the £9,1 had seen no small cheques. After I had given him the cash, I returned the cheques to him, amounting to £l3. He gave me the cheque produced, for the amount of £l4 9s. (The cheque was then read), it was dated September sth, 1864, and signed by the prisoner, for the amount of £l4 9s, and drawn on the Bank of New Zealand. When he stated that he had a draft en losed by Sir Henry Havelock, he did not produce it to mo. I presented the prisoner's cheque at th« Bank on which it was drawn, the answer was, " No Account." By Mr. Mr. Wynn : I understood the representation of the prisoner to be that he had £l5O at the Bank of New Zealand, on which he had a right to draw. Before I received the cheque, I paid him the £9. Prisoner brought the cheque with him, it was already filled up, George Albert Miller deposed: I was formerly ledger-clerk in the Bank of New Zealand, in the months of August and part of September, up to the 9th, I believe, but am not quite sure. I recollect the cheque produced being presented, it bears my mark, "N. A." meaning, no account, I am not aware of prisoner having any account at the Bank, during the time that I was ledger-clerk. I never cashed a cheque of Mr. Warden during the time that I was in the bank. By Mr. Wynn: I did not refer that cheque to Mr. Kennedy, the manager. i ,George Schwartz Kissling deposed: I am subaccountant to the Bank ot New Zealand. I was so at the end of August and the beginning of September. From the Ist to the sth September prisoner had no current account at the bank which he could draw. I believe he had a small balance there on the 28 th September, amouuting to proceeds of a monthly draft; it was £7 16s. Bd., as near as I can remember. We were authorised to negotiate his drafts at £8 monthly on the Oriental Bank at Madras. By Mr. Wynn: I have searched through the books, and found that 28th September was the only instance in which he had a balance. He may have drawn a cheque by which to give a receipt. By Mr. Merriman : On 28th July he drew £32 as payment of four months accumulation of what was due to him from Madras. Since then I am not aware of his drawing 10?. on a cheque, if he had done so, I would have known it. Sir Henry Havelock deposed : I am LieutenantColonel in Her Majesty's service. I know the prisoner. I have never given the prisoner Jany promissory note, nor endorsed one for him. I have never given him my name in any way whatever. This closed the case for the prosecution. Mr. Wynn addressed the jury in defence, and read the indictment alleging the false pretences. Of the 14?. prisoner was charged with, 81. was part of an old debt. The first false pretence was not negatived, because Mr. Kennedy was not called to prove it. The second false pretence was neclared by the prosecutor himself to have no part of the inducement by which he parted with his money. The third false pretence was not negatived by the slightest evidence. His Honor read over the'evidence and summed up, saying that it was only nece-sary to prove one of the false pretences alleged in the indictment, if snch could be shown to be the representation that induced the prosecutor to part with the money. The jury Immediately returned a verdict of Not Guilty. The prisoner was accordingly discharged. BOBBERY WITH VIOLENCE. Michael Hemsley was charged with assaulting and and robbing' George Dreaden, of one revolver and case, value £6, on the 6th September; the prisoner being a convict at the time. Mr. Merriman said that there was another indictment against the prisoner for prison breach. George Dreaden deposed : I am turnkey in Mount Eden gaol. On the 6th September I had charge of the prisoner and another convict, named Dumfrey, in the Government Domain. I took them there to get flax and ti-tree. Whilst engaged in doing so, in a part not open to public view, (being concealed by scrub, titree, and flax) the prisoners had to pass me in a very narrow place, betwixt two bushes. As they passed, Dumfrey seized me ; at the same time Hemsley rushed at me and took my revolver. Dumfrey ordered me to be quiet and they would do me no harm, if I kept quiet, but they were determined to make their escape at any cost. Whilst Dumfrey was talking to me, Hemsley covered me with the revolver. Dumfrey then tied my hands with flax, and tied me to a flax bush. Dumfrey took my revolver case off my belt, transferred it to his own, and then took possession of the revolver from Hemsley. I did not cry out at the time, being certain they would do me an injury. The prisone. and Dumfrey then ran away. Shortly afterwards, I released myself from the flax bush, and gave the alarm. By the prisoner : I had sufficient of my own to take you out to the Domain. I was justified in holding you as a prisoner, because you were under sentence. The prisoner here wished to ask his Honor sf the witness was justified in taking him out of gaol and on to the Domain, without a writ of habeas corpus. His Honor said, the prisoner was]under thejorders of the witness, and prisoners were often taken out to per form work, as they were at Wellington. the Court: The prisoner was a convict in the Stockade, and was under my charge. The gaoler knew that I was going with the prisoner, to gather flax and ti-tree in the Domain for the use of the gaol. The prisoner made no defence. The prisoner was furth ~r charged with having been convicted of felony on the 4th June, 1863, and also on the 3rd September, 1861. He pleaded guilty to both charges. Henry Justin deposed, that the prisoner was con« victed of robbing a Cart at the Harp of Erin in 1863, for that offence he was sentenced to four years' penal servitude. His Honor said that he remembered the circumstances of the offence in 1861, it was robbery from a settler in the bush. At a quarter to one o'clock, the Court adjourned for half-an-hour. When the Court resumed, His Honor pronounced sentence on the prisoner, Michael Hemsley, of four years' penal servitude, to commence at the expiry of his former sentences. HOESE-STEA.LING. William Hearnden was charge! with stealing a mare, the property of a native named Hunia, on the 19 th September last. Mr. Beveridge defended the prisoner, and applied to have all other witnesses removed out of court, while each witness uas examined. The Crown Prosecutor opened the case for the prosecution, and said this as well as the last case was a most peculiar one. In the last case one of the prisoners had escaped ; in this, the horse, which was a most essential part of the evidence, was missing, having been stolen again last night. Mr. Monro acted as interpreter. Hunia deposed that he lired at Orakei. He possessed a grey mare on the 15th August ; she was lost. The same mare was afterwards produced aud identified at tho Court. The mare was on our place at Orakei with a halter on her neck. I missed her on Monday, the 19th of September. ' 1 saw her next at Mr. Buckland's mart in Auckland, on Saturday, the 24th September. I went to the police, and gave information to thorn of the theft. I do not know the policeman's name. (Serjeant Motloy was called and identified as the same policeman.) Serjeant Molloy left the mare in Buck land's yard and went in search of the pakeha who had taken her. The policeman brought a European to the station-house that I do not know by name but could recognize if I saw him. The man produced is the same (William Thomson). The policeman then fetched the prisoner. I saw the mare next time at the Resident Magistrate's Court in possession of the police. It has since been stolen. The rope produced is the one by which the horse was tethered last night, it has been cut with a knife. To Mr. Beveridge : I purchased the mare of Mr. Buckland about two years ago. I know by the appearance of the mare. It had a pakeha mark upon it.

It has a white mark on its back. It has been in xaj possession from the time that I purchased it. Mohi said, lam a native of Oraki, In September last I recollect prosecutor having a mare. He bought it in Mr. Buckland's Market Yard on Saturday the 24th September. I saw her next in possession of the the police. I saw her last, yesterday at Oraki That is the rope with which it w.is lied, it has not been broken but cut with a knife. To Mr. Beveridge : I know it by the appearance onlv. William Thompson said : I a-n a stable keeper resMinn in Albert-street. On the 22nd September last. I saw the prisoner at Penrose. He had a mare wkh hi.n. He me to take it in and sell it for him. I took her in and . first put her in my own stable. I kept her there till the Saturday morning. I then sent her down to Mr. Buckland's yard for sale. I next saw her at the police office. I recollect being examined before the Resident Magistrate. The mare was taken from me, it is the same mare I re ceived from the prisoner. lo Mr. Beveridge : Prisoner asked me at " en rose to take her into my stable and sell her for him and he would pay me for my trouble. He said he had lost a mare sometime before that he had now found her and wished to turn her into ready money. From what he said I understood he had brought the mare with him from Dunedin. He did not say from whom he had purchased it. He came to my stable from Penrose on the Friday morning. He asked £l6. Patrick Molloy said : 1 am a sergeant in the Armed Police Force. From information I received I went to Mr. Buckland's yard and took possession of a mare, the same that was produced at the Resident Magistrate's, Court. lam quite sure it is the same. To Mr. Beveridge : He said he had a receipt for the mare. I believe he said she had come from Dunedin. The mare is not in my custody now. I saw her yesterday and did not give her in charge to any one else. To Mr. Merriman: I delivered the maro to the prosecutor and have seen her every day since. James Naughton said: I am Commissioner of Police in Auckland. I recolleet defendant being arrested in September and making a statement. He first asked me to allow him to return to Penrose with a horse he had in charge. I refused to allow him to do so and offered to send her back. He said he could procure a receipt. He said be had paid £7 for the mare at Dunedin and £8 for her passage. Mr. Beveridge addressed the jury at some length, and then called upon Henry Justyn, who said I am Governor of the Auckland gaol. After the prisoner had been apprehended about a fortnight a suit of clothes was sent him; in one of the pockets was a receipt for;£3s, the price of a mare, signed by "J. Barber " and witnessed by " Robert Henderson." W. John Mcßride said : I belong (o the Commissariat Transport Corps. I know the prisoner. I delivered to him a mare. He offered me a reward of 355. for the discovery of a bay mare, branded J.8.K., which he said he had lost. I made a search and found a mare; it was a yellow bay mare, branded J.8.K., and a white mark on the off side. I gave it to him. 1 saw it yesterday* To Mr. Merriman : It was more like J.B.K. th.n anything else. The mare I saw oata le yesterday was the same one I handed over to the prisoner. Mr. Merriman having addressed the jury, his Honor recapitulated the evidence, and the jury retired. After a brief interval the prisoner was found guilty. He remarked before sentence wus passed, that if he had known that the Maoris had had possession of the mare he would have placed them where he stood. His Honor expressed his concurrence with the verdict of the jury, and considered the prisoner's offence had been aggravated by the defence set up. Sentenced to two years hard labor. PRIZE LIGHTING. George Cooper, Peter Thompson, and William Richardson were Jcalled upon to answer a charge of being concerned in a priza-fight on the 13th September last. s|They were charged with beating and ill-using one Rchard Hill. Peter Thompson did not appear, and his recognisances wero declared to be fortfeited, himself in £IOO and two surties named Hoare aud Clarke £SO each. Prisoner pleaded not guilty. Mr, Merriman opened the case and called— William Newton Meredith ; said, lam Sergeantmajor of Police On the 13th September I went to a place on the North Road, and was accompanied by Mr. Naughton, the Commissioner of Police, and four orfive constables. When I arrived there I saw a ring filled and the defendant Cooper and Hill inside tho ring, they were fighting. They had nothing on besides drawers and shoes. I saw them strike each other. I saw the prisoner Cooper strike a man named Hill. The fight was nearly over, and it was more of a scramble than anything else. I saw Richardson there. When Cooper was knocked down, he picked him up and took him into the corner of the ring. I saw the Commissioner and Constable Rafferty go into the ring for the purpose of stopping the fight. John Rafferty ; sworn, said, I am a constable in the Armed Police. On the 15th September, I was told off tor duty on the Great North Road. I saw the prisoner Cooper there. He was fighting with a man named Hill. Richardson was acting as his second. The Commissioner of Police went into the ring to stop the fight. Thomas Stephens ; sworn, said, lam a plumber residing in Victoria-street. On the 15th September last, I was at Edgecombe's, on the North Road. I saw the prisoner Cooper fighing in a ring. [ also saw Richardson pick him up. Sergeant-major Meredith, to his Honor : They were fighing about a quarter of a mile from the public road. "There were 200 or 300 persons present. I know that a great many of them came from Auckland I know nothing of my own knowledge of any prize. His Honor summed up, and the jury retired for about ten minutes, and returned a yerdiet of Guilty. M Richard Hill, Henry Dnfferty, and Thomas Milner, were next arraigned on a charge of assault on George Cooper on the 13th September. Hill did not appear, and his recognizance of 100?. and that of his two sureties, John Hll and Soame in 50?. each, were estreated. Prisoners pleaded Not Guilty. The evidence adduced was exactly the same as that brought forward in the former case. Dufferty in defence said they were charged with an assault, it had not been proved that they struck a blow the jury could not therefore convict of an assault, Thejudge pointed out to the jury that if the prisoners were acting as seconds, they were as much guilty in the eye of the law as if they had struck a blow with the fist. The jury returned a verdict of Guilty. His Honor then commented on the enormity of the offence, and remarked that it had been found so necessary to put down prizefighting that the matter had been carried to an extreme length. He also pointed out the fact that all persons who remained present during a prizefight were guilty of a misdemeanor. The whole of the prisoners were then sentenced to one month's imprisonmeet in the common gaol of Auckland. , . • - ~ This concluded the criminal business of the session.