SUPREME COURT.—Thursday.

New Zealand Herald, Volume I, Issue 10, 4 December 1863, Page 3

SUPREME COURT.— Thursday.

[Before Sir G. A. AimiY, Chief Justice.] ! The business of the Court was resumed at ten o'clock. Jerome C'adman and Alexander Young were each fined £5 for non-attendance. ST.UiIUMJ WITH ISTJIST. John Driscoll was placed at the bar on the eliargo of having, on the 120 th October, 18G3, stabbed and wounded in several places John Brown, a private in the 2nd Waikato regiment. Prisoner pleaded not j guilty. A "jury was cmpannelled to try the case, John Woodfieid being chosen foreman. Jlr. ilerriman, crown prosecutor, opened the case, and called upon tho prosecutor, John Brown, who deposed : I am a private in the 2nd Waikato regiment; the prisoner is a private m the samo regiment. On the 20th October, I was stationed in the Albert Barracks, Auckland. On (hat dav I recollect the prisoner going into my hut. I wis sitting on my cot at the time ; it was then 9 o'clock in the evening. Prisoner was standing at the end of the mess (able, and making e,great noise. He wanted to fight, I took him back to Ins cot. He refused to lio on his bed, and seized mo by the shirt collar, and dragged me out of my bed, insisting on firrhtin" with me. I took him to his cot. again, and atWrdVune ho came over to my cot and dragged.me off m y bed. Tho prisoner then said ho would ring mv hctvd o!f, and again insisted on fighting me. lie said ho would "do for me." I ti.cn pulled off my sliirt, and went out with him to the front of our own door. I saw an instrument in his right haud. lie cut me across the abdomen, aboirt seven inches, and sneeeeded in cutting me again in the same place. 1 then pushed him awav, and he cut me on the rifrht wrM. Dr. Carey dressed my wounds immediately , T Uv (lie Court: Xo blows pusHou between u?-. 1 stood upon tho defensive when lie utaicked me.

llenry Gardiner Blackinora : I am corporal in the 2nd W uikato regiment. Recollect on 2Ulh October seeing both Brown and Driseoll scuttling in the bar-rack-room. The prisoner went over to private Brown, who was sitting on his cot, and wanted him to light. lie challenged him to light twice or tluve times. Brown at (irst refused, and Driseoll insisted on his doing so. Brown then went outside and took olf his shirt for the purpose of fighting Driseoll. Some scuttling took place, when Brown said he was stabbed. lie was taken into the barrack-room, and Briseoll was left standing outside. The prisoner hud ft knife in his hand, (ivnite produced.) Prisoner gave Die the knife within a quarter of an hour afterwards, lie not having been out of my sight. I askccl him for it when I heard that Brown had been stabbed. 1 then went into the room with the knife in my hand, and saw Brown's wounds. I then ordered prisoner to be made fast, and took him to the guardroom, and eventually he was handed over to the civil police.

John Carey : I am Assistant Surgeon in the Auckland "Militia. On the 20th October 1 was sent for to examine wounds on the body of John lirown. I saw two extensive superficial incised wounds across the upper part of the abdomen, each measuring about seven inches in length. I also found a punctured wound on the right fore-anu, near the wrist, half an inch in width, passing between the bones. The knile produced would make such wounds. The wounds assumed a very unhealthy character, and for several days there was considerable danger of Brown's lite. Had' tbev been a little deeper, they would have been fatal. He was under my treatineid at the hospital till (lie Otli of .November, ami was finally discharged on that day.

The prisoner made no defence other than that lie remembered nothing about, the occurrence. Hie Holier then summed up the ease, and the jury retired to consider their verdict. Shortly afterwards they found the prisoner guilty, with the intent of doing grievous bodily harm. sr.NTrxcns. Augustus Ruckshicsch (a German) anil iTolm Hayes—whose eases were heard on Wednesday— were brought up to reeeive their sentences. The former was then sentenced to be imprisoned and kepi, to hard labour for six calendar mouths ; the latter to lie imprisoned and kept to hard labour for a period of twelve calendar months ; anil Priseoll. whose case bad ju-t been tried, was ordered to be. imprisoned and kept to hard labour for the term of three vears.

FOTIOmtY. John Cox was then brought before the CV»urt oh the charge of having, on the Bth October, ISHJ, feloniously forged a oh cquo or order for the payment of money, and with having uttered rtnwther ehe< tue, knowing the same to have been forged. The prisoner pleaded not. guilty, but acknowledged to having cashed the cheque, not knowing it to be a forged one. Mr. Memman opened the ease and called upon Ellen Lonnergan, who deposed: 1 am the wife of Panicl Lonnergan, who kept ihe Wynyard Hotel. I reeolleet, during the month of Octuber, the prisoner coming to my house with a cheque. |_ Cheque produced.] He brought, that cheque to me, and got £-19 2s. -Id. on it. Jle owed me 17--*. Sd., and I gave him the balauee. lie asked me to cash the cheque, and i told him I had not suftieient money in the' house at the time. He said lie was going to pay the men of the Transport Corps. I then took it and gave him the balance. I believed it to be a genuine cheque. I saw him write "John Cox, Corpi., C.T.C." at the back of it. 1 paid the cheque to Mr. William llobson.

By ilie prisoner: I asked you to put your name on the eheque. William Hobson deposed: I am a merchant residing in Auckland. L received that cheque from Mrs. .Lonnergan on the 10th Oct. I: bears the endorsement of prisoner's name. J accepted it as a genuine cheque, and put into the batik, ft Was returned to me on the Monday following us "no account." William Hart depor-v],: In CVi. hint I wn? i:i the employ of last wit new. T pr-... .-med the 'cheque at the bank and it was afterwards returned. 1 took it to Mrs. Lonnergan.

John William Chisholm deposed: I am firot ledger keeper in the Uank of New Zealand, in Auckland. That cheque was presented by the Union "Rank on October 12th. 1 recollect it being presented afterwards by the last witness. It was not cashed, on the ground that there was no account. '1 here was ii" person of the name of A. Brown keeping an account at our Bank at that time. So lar as our bank is concerned the name was a lietitious one.

Samuel Watts RuddeU examined: I reconvert tin; eheque produced from Mrs. Lonnergan. [Cheque read: it. was tin order bv A. Brown for tliu payment 'I'll,; prisoner then addressed the jurv. spying it was tin:' iirst time Ik- ha;l over been placed in ;ho position of a prisoner, aiui iiliirmed his innocence of forgery. having pic-.ki.il up the cheque ill Shurtiamlstrcet." '

Mr. Meiriman withdrew the charge of !'o"gcry, hp not being able to substantiate it, and lolt only (lie count. of uttering the cheque, knowing it to be forged, to go to the jury. 3Lin Honor then summed up, anil the jury retired.

A verdict of guilty of uttering a forged cheque was 1 brought in ; the prisoner was then addressed by his [ Honor, and sentenced to be imprisoned and kept to hard labour for a term of two years. LAIILXSY. I Joseph Murph.V was indicted for stealing a watch j from the house of Thomas Wyatt, Otahnhu, value j .CO, 011 the 7th November, 1803. Primmer pleaded j malty. ... ■ Sentenced to six months' imprisonment. i L.liiCl'XY. j Patrick Galway was charged with stealing watches j and jewellery from Mr. MeCraeken on the 20th Oct. hiot.on board the 'Betsy,'when going from Onchungn to Waiuku. Prisoner pleaded not guilty. Mr. MeCraeken,being sworn,stated : I am a.special constable at Waiuku. On the 11 October I was oil board the. 'Betsy.' T had a carpet bag on board. I last saw the carpet bag on board in the cabin or hold. The bag contained a quantity of watches and jewellery. I next found the watches and jewellery 'on the person of the prisoner. 1 missed the bag from the place 1 left it. anil found it under his (the prisoner's) head. I asked him to give up the bag ; he made 110 answer. I asked l'.im a second time, lie would not give it up. I thou went dewn to take it mvself. I lilted him up a little, when J lound the ba" 'without the watches. I then called Corporal Daw, and told him I had been robbed. I seij-.ed hold of the prisoner, and took the property oil' him. L found the bag tied up in the same way 1 left it. In lifting liim up I gave his arm a little twist; lie said "What, ilo vou want, to break my ami ?" We found on him the three watches now produced inside his shirt, next Ilia skin. I swear we found all the articles on liis person. All the property is mme that we found on him in the night in question. I found the broken box that contained the watches under the i prisoner where he was lying down. .T. Brouker sworn, stated: I am a special constable at Waiuku. I heard the last witness complain that he had been robbed. Corporal Dow- came forward ; ho went down and fetched the prisoner up. I saw MeCraeken take the watches, &e., from the prisoner. MeCraeken (hen threw the articles into my hat..

Charles Henry Jones deposed: I am a volunteer j in tlio AVaikato regiment. I recollect being on board the ' Betsy,' on 29tli October, and heaving Mr. J Cracker complain of being robbeil. I saw the j prisoner searched. Three watches and some chains | were foniul on him ; they were like those on the | table. j liy the prisoner : AVhen yon were in the hold, yon were under tl'.o iufhience of liquor. I was half-ail- ] hour in the hold before you came down. There were three persons with me. I suppose I was asleep 1 twenty minutes. AVhcn I awoke I saw McCracken in the' hold. I didn't leave the hold before he discovered thai he was robbed. I and the other men went on deck as soon aa you wero taken up. I could not swear that from the timo tlio property was missed till I was searched that I had not timo to havo concealed tlio property. Charles Dov.-o examined : I was, on the 29tli October, corporal in the Waiuku Volunteers. Ou that, day was in charge of men in tlio cutte.r ' Botfly,' on our way to AVaiuku. I recollect that night the prosecutor complaining to mo that iio had boon robbed. In consequence, I went aft to sea what was j tlu matter. I went below and look hold of tlio

prisoner's handfl, r.nd rnendeavoured to get. him up, but was enable. I then got McCraekcn to assist mo to put him on his feet. 1 saw a box similar to thai, lying beside liim. I kept him there till MeOrarken partially searched him. I saw the prosecutor lake from him three watches, chains, and other jewellery.

After that I took him on deck and made a minute Hearth but found nothing more. I believe those

watches and chains to he (he same; tlicy were similar articles. I heard McCracken, ill the presence ot prisoner, complain that he had lost four more watches, and asked the prisoner where they wore; t-iat he would give liini £1, if he would tell liim where they were, but prisoner would not. £2 were ollercd ; he would not tell him then, but- said he would do so il lie would give him some rum. Prosecutor then oil'ered him a small half-pint bottle, and then prisoner was going to drink. X would not allow luiii to do so till he had told us where the watches were. He would not tell us, and we would not let hull have the grog. .. v prisoner : I believe there was another in the hold beside yourself. I didn't see any person c.u ing the hold. I think it was Hall, but am not 9U J C " -ri " le ' because SfeCracken told me. the person in the hold was fast asleep ; you wcie lung down. lou had been drinking some that morning. JY om tjlc tijno fhe u]m . m w . 13 £; rcn tQ going down below was only a few seconds. I didn't hand up the carpet bag "to McCrackeu. T don't think 1 ever' had any grog in the cabin with i IcCrackeii. I g :lve MeCrackun grog as I did to all lilt 1 ot-.iers. In answer to a question bv the prisoner as to the n,age he had received on board the ' Betsy,' lutr.css saul you seized a. leg of mutton belonging to the captain and began to cat- it; that the captain took a rope's end and beat you with it slightly; he also put a rope round your ncek in order to frighten you, and to ascertain what had become of the missing articles.

V idian! Squire, acting clerk to the Resident Magistrate, «t "\Va : uku, was called to identify the box before the Court as that received from McCracken.

the prisoner then addressed the jury, insinuating that the watches were stolen by Bonie other person, as the missing ones had since been discovered and handed over by another individual. He called upon Henry b.dwin Rice, who deposed: X never received information ot any properly being lost. I don't, know anything about the property. Jlr. Rice then stated that he had four watches in liis possession, which he had been ordered to receive from Jlr. Champion, who commanded the cutter 'Betsy ;' they wcrt.' in bis possession and could be had at n:iy time. Nothing was stud to him about their being stolen watches. _ He was commissioned to give Chapman .CI on receiiing them, which he did, anil had the receipt for the liiouev.

Mr. re-called, and examined by the Court: Alter the prisoner had been searched, he remained on board ; to the best of my recollection, he laid on the deck, I think for about an hour. Towards evening he got up ; he was not so druuk as to be unable to stand. He eould speak. He seemed to have all his senses about him.

l»y the Jury: 1 only saw the prisoner a day or twi> before 1 left Auckland.

The Chiel Justice then summed up the evidence, and the jury having retired, shortly after returned with a verdict of guillv.

Prisoner had been previously convicted of felony, once in the .Supremo Court, and again hi the 'Resident Magistrate's Court; and had three times been found guilty of larceny, and twice of vagrancy. The Judge then sentenced the prisoner to imprisonment for four years. LAHCUXV. "\Yilham Stone was then placed at the bar, charged with stealing from John Hull, at Waiuku, goods to the amount of 9s. on the 25th .September last. Prisoner pleaded not guilty.

Air. Merriman having addressed the jury- called upon

John Hull, who depoeed: lam a farmer residing neur \\ aiuku. On the 21th September I left my house, and left there some bottled ale in a cask, and two large lumps of butter. The house was locked up and the i:ey left, in eluirgc of Mrs. Uorribal. I returned to Waiuku on the following Thursday, and found the key of my house in the lock. In eonsequence of information I received, I went straight to my house and found that the butter and ale was gone. Some broken bottles were on the iloor of the kitchen; the heads had been knocked oil". I missed nt least half a do/en bottles of ale; and upon seachiug a wharo mar mv house I found a ramrod (now produced; and a broken ale bottle and kit- (also produced). The ramrod is branded ■Go-Si;*. "No one res-ides in the whare. The brand on the bottle is " Kirkwood's label," and is the same as those I had in the ensk. Tho bottle was not in the. kit-

]iy the prisoner: I did not come to y..u to make | ! up tin- ca>c, ii' von made over 'wo yearlingo io me. j I said to Mr. Hodge thai if I had known you hud j j pennijMOU lo take butter from Ills house I should not j • have prosecuted yon. You were in my employ lor | 1 nine month j. I was angry when you loft- me, and | ' suid ii' yon could not get- employ I would take you ' again. I paid you more than your tine. You left j : mv employ very abruptly. and I way annoyed. You said that you hail joined the special constables, and I would take my wife and family in safety to Waiuku. Mv wife and family remained at Waiiiku nevcv.il ' weeks. I received four dozen and two of :de about two months before my wife left. .She was reeoni- • neuded to drink a bottle a day if she could. I c!o lot know how many bottles were left when I went 1 iway from the house. I was told upon my arrival j iit-.t my house had been broken into. Charles Barriiiill, wiio had the key, told me that some or.e had i •ntereu mv house. The broken bottles were not on he (loor of the kitchen when I loft the house. lam [iiite certain that six bottles were stolen. Onirics Thomas liarriball, sworn, stated : On the asi Thursday in September i received the key of Mr. lull's house from my mother, uad went there on the olkr.viug day. The house was then the same as i.sual; no broken bottles were lying about; the . mttor was also there, two lumps. I took away the 9 lb. j unib and left tlie other. I then locked up the house, .ml left it secure. On the Monday following I went, nth several of the volunteers, to the house again, nd found that the door had been burst open. Opon ntering, several broken bottles were lying about, 'lie other lump of butter was gone. After fastening he door as well as I could I went away, and upon dr. Hull's return I told him what had happened, am certain that Home person had entered the house inee 1 w as last there. _ Cross-examined by prisoner : After the lost tunc I ra« there anv one oould on tor the house. lam not ertain that the necks of the bottles had been broken Henrv Mason Warner deposed: I em a special onstabie stationed at Waiuku, and prisoner belonged 0 the same force in September. About the Sflth ot hat month I saw prisoner with about a pound and .halfof butter in his hand, which he gave to the ook of the Waiknto volunteers. Cross-exaatined by prisoner: As _ far as I could | udge.it was a pound and a half of butter; and it j nig°ht have been salt or fresh. j p,V ihejury : I was about three yards from the j n-isoner when I saw him with the butter. j William Squire, sworn, stated: I am sergeant of he Wuikato special constables. Oil the 26th Scpember I gave prisoner a pass for two days, and he vent away in the direction of Hull's house. He had 1 kit with' him, and his rifle over his shoulder. On he. Monday following he came to the ofliee. I had ireviously been to the stockade, and found the ritle low produced leaning against a loop hole in the lockade, close by where the prisoner slept. What irought my attention to it was that it was deficient d' the ramrod. The ritle is branded oil the butt 55-313, N.Z. That ride was served out to Stone, as i volunteer, and the ramrod bears the same number, tnd belongs to it. This was the case for the prosecution. For the defence prisoner lirietly addressed l.ie ury, ami called upon Samuel Hodge, who did not ippear ; he then wished the last prisoner (Cialw ay) o be examined, wdio was present at an iutan iow

upon the case. • * . Mr. Hull re-called, and examined by prisoner : X remember going to you oil the Smidtty morning about the calves you said you would give me, as vou took the thing* v.*jlhout permission and lmd not money to ixiv. 1 aimc agfliu 012 tho STonday i\ith a blank form in writing. You left me so abruptly that we had no former settlement of wages, and the calves were to pay for tho overplus of tho wages and tho thin"fl you took without my leave. Tho things takon were blankets, a slop,'and two brushes. I requested you to pay for them, and you Haid you could not find thom, had no monoy to pay for them, i and I could liavo tho calves, and that you declared to God l.lmt you never drank my ale, and if I prouo- ■ cuted you it would ruin you. This conversation was not about the ale and butter, but tho other things. X advanced you £3 to enable you to purchaso the calves, which you worked out. The reason I wantod to get the calvcs was that you wished to sell 0110 of mine with your two. I ma.lo no promiso to you. I told you that it would be batter for you to let roe have' the calves. I would not agree to your promise. X i"ive vou 10s. more than vour wa-os. I Jul not ! k-nd vou the blanket. The gift of the calves was to

extract a promise, and make me tell a lie, that I would not proceed against j ou, and to which I would not agree. I told you that you might keep the blanket and rug. You might hare taken more from me for all I know.

Examined by 3lr. Merriman : He said to me, " I never entered your house, as you accuse me of doing," and I replied, " You will see." Ho was not in charge at that time, but tlio information had been laid before the magistrate. By the Jury : I did not want the calves as payment for what he owed me.

"Patrick Galway, called by prisoner, stated: I remember Mr. Hull coming to the stockade where we were confined, and saying to Stone, " Are you willing to make over tlio.se calves to mo as part payment /bra broken jar, and a slop." Stone then said, " Jlrs. Hull threw the slop outside the door because it was lousy, and I told her that I might just as well wusli line! wear it us let it lay there; ' and therefore lie could not bo charged with the price of the siuoek. Hull then told him if he wished to lie on a soft bed he had better make the . two yearlings over to him, but .Stone did not seem to trust Hull, and he said a second time, " If you want a soft bed you must trustto me.' Mr. Barriball then said that Uull would not take proceedings it' Stone made over the ealves to liim. I then told Hull that he was one of the greatest seoumb'cls I ever came across in my life.

Cross-examined by Mr. Mcrrmmn : I have been convicted times innumerable in the Resident Magistrate's Court, and three times in the Supreme Court.

His Honor then summed up, stating that the evidence was not, in his opinion, sufficiently striking to convict him, but left it to the jury to decide, when they returned a verdict of " not guilty," and the prisoner was therefore discharged. The Court then rose at 7 o'clock until 10 o'clock (his morning.