SUPREME COURT.-Tuesday.

New Zealand Herald, Volume I, Issue 112, 23 March 1864, Page 4

SUPREME COURT.-Tuesday.

CKIMINAJ. SITTIX<;>. [Before His llonur Johnston.J The Supumrj Court, for tin; of criminal lminfcs.s was fi n-nnon, His Honor taking his .scut im thu bench at ch-vin o'clock precisely. A requisition was rend from Sir (i. A. Arncy, Chief Justice, authorizing Hm Jlonur Johnstone to Uidclmrgo his antics. UKA.Vf* Jinx. The following jury wns then «wom :— JaiiHM Thoma-S Boylan, Samuel Hi-owning, Janus Hurtt, Janus Dil worth. Hunry Wiliiilan. "Win. t.inudJollow, Walter Thomas Jfcnrv Jluil, Joseph lfuign-aves, Mm. j]ob>on, Kvcrv Maclean, Thomas Macfiiilam:, John Macliirlum.', Thomius Lindsay Mackay, Itobcrt \Vafer.-,ton, Morrow, David Nathan, (ieor«:o Ijurgovnc Owi;n, Charles Putschler, 'i homas C. AVilliarns, John "Williamson, Albyn Martyn, O'Xcilh , Captain X)«ddy was excused Jroin attendance on , the ground oi his on tJjo evr; of leaving for | Knglaiid. Mr. liurnside was al.-o excused en account ' of ill health. | George liurgoyne Owen, Ktt|., not present ! his name was call'.a ovur as it grand jurvinaii, his Honor ordered a messenger to be despatched tor him. The messenger returned aiul staled that 31 r. Owen would be up in a few minute.-. That time having elapsed, another ohieer of the court was tW it lor liim! Mr. Owen having urrived about hali'-an-hour alter his name lmd been called, was asked to show citli.-.u why he should not be lined, in the tirst place for nonattendance, and for contempt of court in the second. Mr. Owen stated that he had torgotten that the court sat that day, und on being warned by the first messenger, he at once hunied up to the court, but while on his way had been ii'ormed that he war, too late, the jury having been Conned. He then returned, and the second messenger having waited on him, he lost no time in proceeding to the court. Ordered to pay £0 for non-attendant'.. and £» for contempt of court in not explaining the cause of his absence. CHAnGE. Sir. Morrow having been elected foreman of the jury. His Honor delivered his charge. He was quite sure the jury would share with hiin the regret he felt ' at the unavoidable delay that had taken pi ace in holding the present session of the Court, und was sure they would also join with him in the confident hope that bis Honor the Chief Justice might be speedily restored to health. Ho was glad that the state of his own district had been such as to enuble him at onoe to proceed to Auckland to give his best services to the colony in assisting his Honor the Chief Justice to dispose of the heavy business of the colony now pending. It was usual in cases like that to take a rapid review of the district with regard t:> I crime, but his ignorance of local affairs would not ( ullow of liis entering particularly into matters of de- j tail; and he was not prepared to draw conclusions lrorn mere statistical facts. Although there was a |

large calender, he foiled to perceive any indication of tha prevalence oi'anv serious class of crnne, especuUlv • among the European race. Tlu-re were four charged of murder, three ol'ehootinp, one of stabbing, one o ' assault with intent, one of sheep-stealing, anil soveinl 1 others, making in nit tifteen eases, none ol which indicated the prevalence of crime iigiunst property. He was bound to say that, while he regretted the crime!, of violence which too often occurred, m the main they did not vet seem throughout the colony to htivi* established uny nucleus oi a criminal class, ami 110 duty that devolved upon tlieui reqinreil more attention timu the prevention of the formation i of such a class. He Mas afraid that, with regard to the rising generation, there Here practices very common. especially in the suburban and country uistru ts, and too often permitted by parents, which must ■ afterwards produce very serious evils ; he reteircil to such practices as the breaking down fences, stealing lirewuod, &c. lie thought it his duly to deal I promptly with such cases, in order to prevent tax : notions of holiestV being developed in the minus oi ! the voting. He'could not forbear making a passing ' observation on the striking fact that there Mere tour i charges of murder to he brought lictorc them, all iht i persons charged being ot the uatne race. J here was ' j uo lesson of "civilization which it was more impoii taut to enforce, by every means, than the giving lo j their neighbours of another race a higher apprcciatiou of the value of human hie. lie. regretted li:e . \ lilgar eri'or, that was too common, that i outage and i ) i arieg could unlv he muuiUsied by a total of human life ; the truly courageous mini look.- at death as a solemn event, but shuns ii not at the call of ilnu. It was civilisation that taught them that, . and it "formed one of the greatest distinctions between civilization and barbarism. Although hi' saw much to admire in the native race, that might be copied with advantage by their own, yet they ought not to encourage them ill the notion that mere contempt ol life ill themseh es or others was evidence of bravery or courage. The .jury would iind in till' cases la-ought before them two murders committed in the mosUli'liberate manner, in which, as far as the depositions showed, the motives could si arcely have been such as those which usually siir men's passions to dt'i'ds ot e\en the smailest crimes. It was their duty not merely to proclaim, hut show b.\ example, the . wav in which they recognise the sanctity ot human lift-. With regard to the case which had called forth these observations, in which a person named Uuarangi, charged on two indictments, the cu'ciunstanccs were so clear anil plain that it was unnecessary to : stop io recall them to their attention. In the ihs- ! charge of the functions of a grand jury, it was seldom ' necessary to enter into nice questions of law. the simple I rule to govern their proceedings being, as to whether ' there was evidence brought before them which prima I fticie pointed to the person accused as being guilty of ;"the crime charged against him. There could be no practical difficulty with respect to the law in the case ! before iheni. The case to which he should i next allude wus that of Nikon-ma Akerona. ' charged with the murder of a natiie i named "Wliiti. They would have positive cvi- ; deuce of the infliction by the party accused of the blows and wounds from which the deceased died, i With the question as to whether the prisoner was ! deranged or unsettled iu his miml. the jury ha.l no- . tiling to do, it not being compeleiit for a jio-y i to ileal with that point. \\ ith regard to the fotirih I ease of murder, he would call their attcution a little \ more specifically to the facts. It w as a charge against ' Tangatawhira lwitai.i. for the murder of I'ruin- ' gooltl. That •)allies Druingoold was murdered on 5 tile lird of last there could be no ! doubt about whaleier. The person who was : with the deceased would tell them how shots ; were fired at them, witness himself having escaped j being hit; and how that the body of IJnimgOold was ° afterwards found bearing gunshot wounds and a pari ticular species of wound found on his skull, it may . be suggested that the occurrence took place in a | disturbed pari u/'lho country wm-iv iu tlir | nam re of w«r was on at the time. It wa> Ins : duty to toll tlu'in that tlu»v had uo rii;ht whatever to ijo into questions of cnsniMrv ; tliev were not lo he ; embarrassed wiih anv questions of a qiuiM-jM»litieal | nature, but simpU' to see if it were proved that the ilce< ;ued met his death hv hands of the aeeur-ed. Willi retrard to the person who actually committed tlie otlence, the ca?e was not very elear, lull that was a matter of which they were not the judges; what they had to do was to -ee that the man charged was not put on hi* trial without ; fair and suJhcient j-eason for his heiu«; so. As he : understootl tlie ease, without any opinion ; of lnV own, there >ecined to he a su!li«-inu ;iutouni i of ciivumMautial t videiice to prove the idrnlity. 1 '1 lu- inniu evidence on which the imlii ata»n ui'iiuilt is lurneii Jowards the native 1 wa-> thi> : thai thortly alter tlie time ofthe nuirdei-the ] made a statement wljieh « ould lead to no other hypot!u>i& than that he was the murderer. On the lind Nov. Meremere fell, and the day after the death of ih'UinI £oold took plaee. Tlie chief \\ irenm Kukuiai had ; uecHsion a lew days alter that to scud some of his natives to a place on the oppes.te side of the river, Onepoto, for certain purposes. These mitivis it up. p'.ared met oi her na« ims iind t on \ ei>at ;on hetwei-u ihfin eiwued. the aecitsed n'u a detailed account of a death wiii«-ji he had miiicted »»n a Kuropean ; tlie aeefiUnt so eoincid« d renuirhahly in resjK'ei j of tlie nature of the wounds inliieteil on deceased. ■ that il rise to Mi>pieiou if it did not create poMtivp eonvietiou, that l)i um«ro«-hi v.;i> lite vi<*i ii ii oi this naiive. Win n the body ot lii.eeasMi was examined, tho wounds wen; 'n um! • to e(»n*espoHd in a striking manner with th« spre:« ; of wound df.-eiihed by the native as hi.vinjj; ' hren inSiit'led by him, and il that w«-jv estahii>h» d to : the :t:>liieti«-ii oi' tlie jury the \\(<(dd stand stU'iiiriy tin: pri.-o/'er. ll' tliey were not s:itis!nd that was iho man juurdereil by : the arrused, it would nll»Twatds he possible to lind . auvtle r bill ae-ainst ]jim en the indictment ofh.ivinty i murdered some p» i>.tn unknown. Unwevn-, he ' the one indietnu nt would be- all thai would ; be iu eessai v t«> biin«j before them. There was other evidence which wuuld require a little patient cuu.-i-Ueiation f i'i in tJiem, whieii tendu<l to >hew tliat prisoin r and otinji>, w(-re near the piaeo of tlie inuiucr at the time, illegal nets, namelv, slealirig' };oi>es, and when the inleiview refei-ied t>> took place they were iu posse.-sioii of horses Mojen liom tie- immediate neighbourhood. ]f thai were estabii-hrd, it would be .<i"nt; indication of the identitv of tlu: pri-oiier, and they would have m> 'litlieuity in lind- ! a true bill, 'i'he i.exL ea>e lie would leier in one of considerable imjtortanee, ami one wiih which it was not very ea.-y to deal, ami he was atiaid tiiat if lie reined too mueli ujxtn i', he would oniv contuse the jury ; he would, t hen {oj e, la V i(. helore them. it was a ehaijje of .-tuition, or in otiur words, -- trear-on or e'.jisoij-aev. -All v la»>L , ua r je -l he natuial tendency of which caused the Queen's subjects to he dißalfeetcd towards tJit* (oivernment, ot' the country—-he did not retcr to the mere government of | the day, but the settled government of tlm Queen's soveieiirnty, and set the laws at delianco,— any words the Tialural ti ndeitey of wluch way to prodm e sueli elh ets, waa sedition, may he said to lit; hnif ! way between overt uets ot hiuh tiea.-on and iair po- ; litieal etaitroversy. Apait liont tlie question el law, j he would caution tlu in to be * « M' cm eiul not to im- . port j.'iejndiees into the considi>rati(in ol tin* uvi- i ilenee—those pi«ju«liees which were inherent in all ' ot them troiii l:ie cradle to tin; urave-—w hich j lead them to jump hastily to a conclusion; lie bail > UO doubt they would e.\ereise , in the exannnaiien of the quaiiiy and value ol the: language used, in iSii'J, some native.-, oi whom two . were thepHi ties ciail wrote eel tain let lci>. irotn t he l northern to natives m lite middle i.-land, | tiiem to return to laud iu the northern island, or in i other words, inciUm; them to come anil do inconsi>teut witu tlie law. With repaid io metaphorical t liev must not be content to adopt theintoipretatioiiot expeits, but use a little judgment, and their own common sense in the matter, it tienatives wt.re w : to make arrangements about their own laud, and with no intention o( del ving (he sovereignly of tlie Queen of ol' couite no ' bill could be found. But it is Mibseqinnl. vpok-n ; language, ill '. bb'j, the Je'ist'UflH Wf i'e chlj Li't a w ii],, i [ not merely the letteis relerred to. (>n that 0.-iuji, , | language was used .-aid to he seditious, words whieii : , tln;y were totakeinto i'onsi<h;rati<»n,apph the >im- I pie rule he had given tlmm,- was the u.-m! : an attempt to throw oil tiiu Ciueeu's autfionty or w.js it not P With resj ect to mo.it of tlie oilier ea.-if", ! they were oi a. nature so Jrcquontly before juries, that it Keenicd to go at length I into them. Property wan lobt, and iinmil ill tliu of certain individuals, who we ctilkil upon to givu a rtioionahlo account of how the ju-o-liorty came into their posscMbion. Tho?i! wcj-« rasi-s 111 which tin; uii-ri-iso of :i littlf roiniiiiin m-hm' u:i.> all that M as mi'' saury. 'i'lu; car'-s uf shooting u'quilt.'tl a little i onsiili-ratii'ii; tlif.-i; clungi s ]n liicijcillv iii'osc from tin- I'lli'i-ts of* drink. llis Uon<'r hojH'il lie nlkiuli! not I"! di'i'lllL'il liryoml his province, iu referring briellv to tjliis evil. He wus not one of tiiot'e who wi ie mi.-j. ui. e i

enough to beliove that they eouid extinguish vice, [ but through the wise eflorts oi philanthropy the evil might be greatly reduced. The quality of drink administered to soldiers and others, had a material ■ \ influence ou their minds, and the men become mad j with had drink, which was iu iact actually poisonous. I ]b: would lilt up his voice, and express his anxious \ hope, that at a very early period, the gencial or local ' legislature would use the ample powers confided in ' S them to prevent such gioss almse of Jrec trade, and I • cause those who are actually dealing out poison to be ; treated as prisoners, and rendered unable to renew , their license aiter once being loittid guilty. There ' was before them the case oi a man telUMng lo do : 'military duty, and put in the guani- ' :oom. The man lires off Ins gun irom the guardroom, which might have seriously injured some ! persons, especially a* a woman ami some boys were ; about the place at the time. There was ample evidence to show that prisoner had an evil mind, irom ■ the expressions he made ime of when taken into eus- : stances, it would certainly have bei n murder, and • could not have been tegaided as ma/ir-laughter. A ildhculty occurred irom the fact that thestatute under which tin: man i-* indited, is lor .shooting at witli : iut<;ht to d<> grievous bodily harm. The way howi ever in whieii ihey wen- to jmigo of intent was, | that a man mu.-t be presumed to lia\o and harbour j intent or ihteiitions liom the fact that the act was • committed. .If a person threw a stone where a tide , ot human beings were passing, ami death eiiMied, the ; pei>oii would he deemcu guilty oi liiuider. On hearing tl'.e evidence, it' they thought thai the piohahle consequerao of firing lroiu that ]dace would bo the killing (U' maiming oi >ome l)(<dy,anihhat t lieju isouer must iiaui known that, then a true* bill must be found against him. If, on the other hand, the place was perJectly quiet, and the g'lin was fired into the air. which however, was not the case, it could not then be said that any evil intent was harboured, lie did not think that they would have any difficulty in tlie other cases, but his Honor hoped the jury would entertain some of the lighter easca first, so that the pcttv jury might proceed with business at once. Jieloiv concluding ids address, his Jlonor congratulated the l'rovihce on the prospect of obtaining suitable building.-, ibr tlie administration of justice, and characterised the present Court-house as the most miserable and inconvenient den to lie found in the colony, which formed a striking contrast to the palaces ol commerce to be found in Auckland. Mrangrrs coming amongst us, would certainly be dri\eu t<> the cnclu.-i'm that money was loved more th m justice : alter hearing so much of our iuve o| justice, and then seeing the place in which we administer the law we protess to love so much, we could scarcely be suipri.-ed if they were to doubt. i,itr prote.statioiH. In calling over the name of the IVfly Jury, a man appeared and answered to the name of Kroad ; shortly after, being interrogated, be declared that his name was not Ih'oad but and that be had been sent by Uroad as his substitute. After a severe reprimand from his Honor for appearing in name he was ordered to Maud aside, and a ' constable was at once sent for liroad, who stated that 'de did net know be v.as do anything wrong. The j Court suspended its judgment for a time. ! A true bill was brought against Henry Ijoardnum : for shooting at Ann l.ccs, with intent kill, i'rinoner ; pleaded guilty, and to a quest.on from the Judge rc- ; plied that he had nothing to ?ay in extenuation oi the charge made against hnu, nor had he anv \\ itj nesscs to bring as to his character. The poJiee it ! was pro\cd Knew nothing of the prisoner previous to his arrest 'J he nai ure of t lie pica of guiliv having ; been <-.\plained to the prisoner, lie stated that he iind ! the gun with intent to frighten the }>r»»scciilri\. but not to injure her. lie was advised to withdraw the : plea of '* guilty, *' which he did. ! Ih'uad was then brought u]» and staled that he was : ignorant that he was guuty of wrong in sending'a siibslitute to ad lor him. He was fined am'. ■ ordered to lake hU p.laee an.ting the jurymen in i waiting. j The follow ing Jury was then empanelled : —Wib ; liam Corrigan, (uorge J». Uenml(, Jas. Inglis. J. Kmei'y, W. ilyams, K. I'ratt, \Y. Hugh lh'own, Chas. Neale. . 11. t'ropp, . liuelianan. Chas. Krankit ; .Mr. lluchanan being elected as foreman. Mil>OTJ NO WITH iNT£NT. "William Uroadman was then charged with .'hoofi ing at mie Ann Tecs, with intent lo kill «>r injure ; her. ' l'risoiier pleaded not guilty. ! Ann Lees, the preset ii!nx. vm then sworn, ami J slated: l am Die wife of Sanies Lees, Sergi .-.Ma;or oi ! the fransport Corps, who was stationed at Hrnry in " Heccuil er last, t.'n the 17th of that mon.b prisoner , was batman to my husband. I'ri-oner is a prisate ot ; that corps. Uu the evening of the 17th, m\scli i my husband, and pri-oner took lea together; my | husband left the hut ou duty. iTi-om r unbuttoiicu i his chithes, and made motions about his person for some time. 1 askeil what he was doing, he made no : answer. J said 1 wish l.ccs \\a* in, meaning m\ luis!>aud. I went out to the corner id' I lie hut to look i tor my husband ; 1 than returned ami suckled my | baby. Ihe prisoner was still in the house- he too* ' a basin from the tea-!ab;e. and the sugar basin, aim ; went to ike opposite side of the room ami put them j uown on a shelf, and then wi-r.t out at the door. 1 1 j stood up and put down my baby, and cleared the ! . table, putting ihe things m a dish lo wash up. am. ! went out to the lire, as I cooked outside. On gom- , old i sav. hr.u i omr.ig towards the d.oor wit li h> nt!t i | in li s hand ; soinei long st ruck me. and ' tui m d a.u w i lit iu and shut the door, am.l stood a-:ai'n-t it. and ; j sen amed lor Sergeant Fowler, who lived m the ; ucighl ouring hut. Sergeant I'owhrwas not in, but i .Mrs. I'ow lei* cjitue. Just a a .Mr.-, lanvjcr raine lonir I prisoner was forcing iu the door. Mrs. bowler and I i caught ihe rifle ; ue asked him what he ua* going to j do— he sanl '* 1 wiil. I intended lo do this for a long | i lime. ' 1 knew what he meant, lor the look hegau , me was dreadful, and 1 never saw him look so before, i 1 said think of my two little children Harry. He said ! " 1 will, ' and let his rifle oil a', me- The bad went over :my head. i had my baby on my lef; arm with my j face lo him. Tlie door opens hit" the room; the i sofa is on the right hand of the door. \\ :■ held the rifle and dragged Ihe prisoner o\erf< lie l sofa. Mrs. ; I'owler let the riilo go, and he !e( it od then. Win n ,we ie( it go he had the bud end of ii on his foot. | Ju-t as 1 turned round lo go out he I,red it nil at me. i iie put it n;» to hi~ v la/id.'l«'f*; '.be b:dl \>ei:i »;ut ' through the raup,.. 'ihe bad we.if hi-j'ur tijan mv head. ] did m»i c\a?nni "at w.hat lieighl : 1 eiimiot | .vay Die of the hut. I cannot .-ay whether ihe had went straight o\el' me or lo o,i" siiic, 1 went : oul-.nie and teamed. ihe lh>t thai I'aine to me wn? Corporal Kedy o! the 'J iaii-pon C'orps, and took the pi'iNiiit'i' m custody. W hen we lei uo of Ins nllc ; alter he fired ihe ehol, he eluiibed his riile and tried to led me with the butt end of*it. Corporal lieilK ! Weill in and rushed on him with bis hnyonet, ami look hnu. '.ihe prisoner made use of' no expression except, "keep 1 ack, don't come mar me." 1 hare known the prisoner about lo months, he had Inch that time in our service, and was always very proper in hid conduct, never offering me any familiarity, or attempting to sprak on any improper subject with me. Jlc might huve lnid a glass thai night, but he was none the worse for liquor. I'risoncr might have seen me nursing my hahv. JamcKl.ets swoin, deposed : 1 am Sergeant-major of ihe Traiisport Cotps. I am the husband ofthe lasi witness i'ri.-oucr was in my nrvice about i-< mouths to issue ston>. Uu the night of Ihe >7lh Ikccmber, I left prisoner and my Wile together; the first thing Ila ant v\ :i - ilie -hot fired, 'j he sho. ajijaared to he iu the due< taut ol mv \\ltare. I mimed. ately t a lied f«>r | ]»e Lorporul of the guard wlu> vwis lo'illy. I gave Inm dii'telions and he went towards my but. 1 saw Mrs. l.ies iiinnnig in an excited manner. Al the door of my whare J saw the prisoner wnh his rdie, ami Coipoiai l.eillv wiih hi.- j t.ayonct drawn, iieilly loid the prisoner to pui i down liis rilie or he would stick him. J! e »aid " st lek hie if you like. Ihe guaru tjun set ored him ami ; look hnu io the gtum.-rooiu. 1 0.0 i.ot c Mi>. ; i'owb r. I risouer k.i.i i o ».,ia-siion> to j ( iht- u-f- ! hers. 1 a.way f louint inm a ipucf inan ; ue\er Ill«. | «oi se for tti,i.or uhee n< i,.y• »-inj..»iy, ami new r anythuig repi em ns:b;<> :u hi- toivani- j: \ w.ie. ' i i y tin- l'c. r . m».t of tl..- .imy : '] !„■ in.i let b\ ! aud about 7 let 5 high. it hipp,-ueo in i,» \oi;iu' ! and the hut was In.eu with blankets 1 saw a hole that, might have been made with a rilie build, in the blanket'. J couid jiot- sv\car that the hole w;.s nuuh* by a ritle buiiet. i think it. ujn* hut 1 would not swear. I the about l> feet from the ground. I could not See any hole in the ru.tpo. The ho.e in ' the blanket \uu- piM opp<.>ite the ~'oor. \\ In u ( i leit the jirtsoner and my uui• fogetiier there w;»- no - i'l lie iu the htti. Ihe n !i< s ate serw tl out no| \ u cu<'ks. but each man his own. Thi> iiappcned nbou: 7 }>.m. .John Waller sworn, said: 1 am an issuer for ion- • tr:;etiji* ul i'rui\- \ r«xc»iie'J i-hv M'l-«oi;cr Ul JJi'iu V

iu December last. I bad known him from 12 to months. I remember bis coming to my hut about •December. 1 stopped with him a few week's before this charge was made. He came in otie evening rather tlie worse for liquor and *»nid ho had been having a row with Mrs. Lees, lie paid li by G—, Juek i will do away with tlie He did not .say what the row was about. No other person was mentioned. 1 made no mention to Lees as the prisoner wa* drunk.

Mrs. )• owler. .sworn, said : My husband Vredeviek howler, is a in the Transport Corps. 1. live in a hut next door to Mrs. Lees. I recollect a disturbance on the 17th December at Mrs. Lee's hut. 1 war- sitting in my whare about 7 o'clock, when 1 heard Mrs. Lee call sergt. Fowler; he was not in. I rail to her, and as I turned the corner, 1 saw the prisoner brealiin<r in the door of her hul with hitf rille in his hand, he inlo the whare before I £ T ot. to him. when I iu 1 caught hold of hid riilo with Lees. l'ri>oner was in the whare. f asked prisoner what lie meant. Io do ; he t-aid u lake care, its lull cocked.' lie then uncocked his ritle and stood back a little. Mrs. Lees wmt and took her child that was fitting on the blanket in the whare. 1 wanted Mrs. Lees to come inlo mv whare. she said nothing, l'risoiier then discharged his ritle, Mis. Lees and I were together, and prisoner at u little distance. Prisoner was nearer the door than Mru. Lees. Prisoner did not towards the door. 1 did not see the position ol (he rifle 'when it wan diwhar^ed.

( oiporal lu-illy, sworn, isaid : My name i.s Corm liub lic-iiJy. I am a corporal in the. Transport Corps, iormerlv a suidier. 1 recollect the 17th Dec. hciii£ calhil ujion to to tlie Sergeant-Major's hut. -Just jus we were dismissed from parade I heard a shot. I went towards a lent that was between the parade ground and the Sergeant-Major's whare. T looked towards the direction of the tdiot and saw Mrs. Lees coming round her vharo. 1 immediatejy ran towards the whare. On entering 1 niiw the prisoner* I went in mid drew my bayonet. Prisoner was in the position ol capping the ritle. 1 did not examine the riJle. I did not take the rille. but I caught liold oi him by the eollur and >aid-- 4k Yon scoundrel, dio]) that ritle «>r el.-e I will stick you with this bayonot." 1 knew nothiiiLr about what Im* had done. Immediately there was a crowd came and took him.

.Serufint-Major Lees, recalled by Mr. Merrimaii. T examined the ritle. it appeared as if receiitlv discliaiirt d. It had powder at the top of it, and had been reloaded. J cannot say whether the barrel wus bevond th«* ordinary heal or not. Prisoner had nothing to saw .Jury lluit letin-d etiii>idcr %fidiM, ;md lound pri.-"ju-r of intent to do yrii vioiis bodily harm. f l'he tludire remarked that the jury had taken tlie most merciful view. Probably thinking that something under the case was concealed, and wishing to show all the leniency pi s-ihhi to so young a man. lie hoped that the discipline of a long course of imprisonment would have a good efieel upon him, and deter him from further crime. Tlie sentence of tour years' penal servitude was then passed. Charles Ki.-dier was charged with slea ling a gold pin and < :e-e, :i leather casu and cash-box, »Ve., Ac.. • alue .I'lDO, Irom a store in the camp at Olahuhu,on the lib Kehniary la>{. Prisoner pleaded guilty. The Jailor said thai prisoner had been about two month* iu custody, and was a .-crvant lo an oliiccr in ihe Waikato Militia, and the gouds stolen were of another oilh-er.

IL O. Vi« •kers. s\\(»ru. sua I: lam an ol'lcer of the Mrd Waikato Militia. I'nsoiier belongs lo the .Militia. but no; to my company. Men iu his position net Hd. and rations a-day, and hutting with eiothes. transport Corps get per diem. l.'iisoiier called police eiwistablc Negus lo ]»ro\<' that, at the time of the rubbery, he was discharged from the \\ aikato and in the service of another man. .Sentence- Nine month/ imprisonment with hard labour. Samuel Lewis was charged with stealing from the per-oii ofWm. Ihivis. the sum of £7. in ,C 1 note.-, with other things. Mm. 1 )a\is, sworn, said: lam a private iu the 2nd W aikatos and am now in the Transport Corps. 1 know pri-HUKT. I believe him to he a private iu the I.Sth (.In the-Ith of January I saw him in Auckland. I met him in Shortiand-stivet. at about 11 o clock p.m. 1 was trying to ml a bed, and couldn't, and asked prisoner lo tell me where I eon Id L'et one. lie said that wan what he wanted, and couldn't- gel on", as he hadn't money. 1 told him if he could get a bed, I would pay for both, 1 went with him, and in High-street we met with a crate standing iu the

>*<>:»\l. 1 said 1 wouldn't go any further, but would sit down and waii till ceiwn, and then go i<> PeiiroM-. When 1 sat down on the crate I hud C 7 in ,l'i noies, an India - rubber pouch in wjti< h the notes were rol!e<l, a pecio-t knite, th«' i.:iiue-piat»' removed — tliose tluuus I ran swear jmsitivcly to. Tie.' not« s produced an .-ueh as I lot. (_)n .-iltihg do« 11, 1 h'!J ;t>h'ep from h'itigue, prisoner sittiiig <i«»wn by the si'ie of me. I didn't Nvake until jU>t heiij-e when police constable < "Tiara woke )Ue ; \ juillp><.'d Up i'.ud lliis?ed th ( ' Jil'operty described. 1 was ivir.g on my hlt sid--. 1 then gave inlormation t-» the pdn e t>f tin* lcdiii- ry. I next saw the pii.-mu r in the statitn; immediately alterw;tr is I saw hi:u searched, and niw taken t'.oiu i>im the jiroperty describe d as io>t, which 1 l:ad jir- vii.iu>ly desc:ibe<t to the police. Silver and tobacco was lull nil upon the prisoner when ho was searehed. Clo.-s-rxaituited by prisoner: 1 .-aw the money taken 'rem you: 1 saw that the knife had what 1 f.-b od '.o be awt e-|i-n haii'iie. I did not Jilid yeu l..Jv;; : j u.. il. i•• Vp< l"''!i I I tiid Il»-l eoiupiaiU ot i'i •|;iM• ivl • ■ i«• 1 ►1. i!.. i ■ l» it'.;,. i-M.-he ol it. i ai.i sure ti.al li.e to'ea-e.., p._.|,eii was mine. fi'listabh; O'llaia, sWOin : colioiiolat'-d e\ideliee t I tonuer witiie:-.-. 'the prisoner attempted to sliake ids evidence by imptab-nt an<l -tat* d that the uu iiev i< uiid on him had been sa\ed up, and that, strolhng ab"U? Auckland, he had been taken up on suspie:<,n «,f -t. aiing a watch, and had never set n s' eulor Ivej.ije he was confronted with nun in the station. Thi> v.as the case. Veidict guilty. Sentenced t>> nine. Months' imprisonment, witli hard labone. Court adjourned half-p;*el