SUPREME COURT.

New Zealander, Volume XXIV, Issue 2613, 21 March 1866, Page 3

SUPREME COURT.

MARCH CRIMINAL SESSION. [Monday.] (Before His Honour Sir George Arney, Chief Justice.) CHARGE OF SHOOTING WITH INTENT. Francis McMahon was brought up for sentence, having at a previous sitting been found guilty of shooting with intent. Air. MacCormaek appeared for the prisoner, and raised a plea in bar of sentence. lie said that the indictment charging the prisoner contained five counts, on one of which a verdict of guilty was returned. The plea 1 —"a that the indictment did not raison ...

follow the words of the stature, un word maliciously had been omitted, and he (Air. MaeGorraick) contended that the words “feloniously and unlawfully” did not supply the intention. The learned counsel cited certain decisions in support of his view, that the omission of the word maliciously was fatal to the indictment in a case of this nature. Mr. Brookfield contended that the indictment was sufficient. Besides, the objection was too late, and ought to have been taken before the jury was empanelled. The same objection had been taken by Air. MacCormick when the verdict was given, and was at once withdrawn, and therefore could not now be revived.

Ills Honor said his own feeling was that such an objection could be taken at any time before judgment. Ho had looked into the subject, and had come to the conclusion that the words feloniously and unlawfully did not supply the omission. The prisoner, however, was not entitled to an absolute <1 is charge, but would be liberated upon finding reasonable bail to come up for trial next, session, and the prosecutor might consider whether to bring the case again.

TRIAL FOR KILLING THE SEAMAN NED.

The sixteen natives found guilty on Friday of the murder of James Fulloon were then arraigned for the murder of “ Ned, a seaman of the ‘Kate,’ whoso further name or names are unknown to the jurors.”

Mr. Brookfield and Mr. Wynn appeared for the prosecution, assisted by Mr. Clarke ; Mr. Cornell appeared for the prisoners; Mr. Preoce and Mr. Hamlin were sworn as interpreters. The proceedings were nearly an exact repetition of those for the murder of Fulloon. A jury was empanelled, who returned verdicts that Heahea was mute by the visitation of God, that he was able to plead, and understood the course of the proceedings. Mr. Bennett White then gave a description of Ned, stating stat ho was the tallest man on board, and pock-marked. From (his description Retireti made Heahea understand who it was lie was charged with killing. Heahea replied that lie was standing near the hold when the bullet from Wetiui’s gun passed his cheek, and the man fell down, aud he fell with him. Mr. Brookfield opened the case by a short address to the jury, in which ho gave a narrative of the case. Mr. Clarke then deposed as to the correctness of three maps of the Wliakatane district. Rirituku, Tint, Matimati, and Hetoraka Tarawehi were then examined, and gave substantially the same evidence as that in tbo case lor killing Mr Fulloon. Mr. Bennett White was examined. After stating fhoclrcumstances as at the previous trial, he said : I saw two Europeoan lying dead as I was going into the boat. They were the bodies of Ned and Pringle. I have not the least doubt of the identity of Ned. In cross-examination by Mr. Carnell, witness stated : When the first boat came off I had a double-barrelled gun, loaded with shot. Fulloon had a tide, hut I do net know whether it was loaded. I did not hear anyone say, “ Don’t come on board, or you will he shot.” The only now witness was George White ; and after hearing liis evidence the Court adjourned. [TI'KSDAY.] His Honor took his scat at ton o’clock. Another native witness having been examined, which finished the case for the prosecution, Mr. Carnell addressed

the jury on behalf of the prisoners. The judge then summed up very carefully, when the jury retired. On their return to Court they gave a verdict of guilty against all the prisoners, recommending, as in the other case, the deaf and dumb native to mercy. llis Honor said it would lie desirable not to pass sentence until the whole of the natives had been tried, and if any evidence could he brought as to the former good character ol any of these

men lie should he glad to hear it and lay it before his Excellency the Governor. The Court then adjourned till this morning, when the charge of piracy against the whole thirty-one natives will bo proceeded with.