SUPREME COURT.—Thursday.

New Zealand Herald, Volume IV, Issue 277, 1 October 1864, Page 5

SUPREME COURT. —Thursday.

CRIMINAL SITTINGS. [Before llis Honor the Chief Justico.l I'OR r-! l. Thomas Coyle, was indicted for lorging and uttering a cheque knowim: it to he forged. 'i 111' following tinuk's were sworn of the jury. Georse Smith, (foreur.ui) William Chambers, Donald Clarke, Thomas Wilson, James Young, John Edwards, George Atkinson, Thomas Hewlett, John George, Thomas Shopheid, William Atkinson Moses Chambers. Mr. Merriinnn appeared for the Crown: In this case the circumstances were somewhat peculiar. Tho forged instrument had never been presented at the bank, and the person to whom it. hud been tendered in payment—the late Mr.Bond, of the Criterion hotel, Hobson-strect, is since the examination before the Resident Magistrate deft-used. The prisoner, is the servant, of Captain 11. Hunter, of the lirst Waikato militia. The details will be found in the subjoined evidence. William D'Eenz Turner: I am nn ensign int he 2nd Wuikato Reciment. The prisoner was attached to the I .and Transport Corps, on the 13th of August, last. I knew him to be the sei-rantof Mr. Hunter of the Ist Waikato Regiment. On the 13th ho produced a cheque purporting to be for £7 13s <ld. I cannot say whether that was the exact amount, it was thereabouts. It might have been lid instead of -id. It was a regular printed chcque. It was in i Shoitland Cretent that he produced the cheque. I happened to bo passing. He asked me to cash it, but I had not sufficient money. "I went to tho Commercial Hotel and Hiked the barman to cash it. The prisoner was standing at the door. 1 returned him tho cheque because there was no date to it. The rear was tilled in. I could have got it I 1 told him that was the reason I could not ; , e t it cashed. I told him where Captain Hunter and where his brother was. I believed it to have been his master's cheque. I should not otherwise have offered to ciish it. Cross-examined by Sir. "Wynn : I was not familiar with Mr. Hunter's handwriting. I bad seen Capt Hunter in the course of that morning know wheie he was stopping. The prisoner must have known as well as 1 did where ho was living. • "William Ashton examined by Mr. Merrimnn: I am a clerk. I knew the late Jumes Curtis Bond. He is dead. He resided in Hobsou-strcet. He kept the Criterion Hotel. Be cicd on Monday morning last, the 20th inst. John £cott, sergeant in the Armed Police ex amined : I was present when the depositions wcro taken in this case before the Resident Magistrate. This deposition signed J. C. liond, was taken in the prisoner's hearing. The prisoner had an opportunity of cross-examining the witness.

The deposition iv.islmm.led in. Jlr. AVynn objected to its being read on tlio ground that it contained statements which were not evidence, and therefore inadmipsablc for the purposes of present prosecution. Witness ; I apprehended tho prisoner on the 13tli Aug. last ill Queen-street. I loidhimtiiecliargeagaiust him. lie said he had not uttered any cheque, and he had 110 cheque. I had some conversation with him at night, lie said he hud the cheque and presented it at Sir. Bond's in liobson-Ktreet. That Mr. Bond had t»ld him it was a " duller," that he then destroyed it in AVyndham-street opposite tbo " Shakespeare." Mr. "ilerriiniin contended that having given evidence of the destruction of th? original document ho was entitled .to have the deposition read. He did so upon the authority of ArcliitniM, '50° 222, see. 4th. Mr. Wynn contended that in criminal as in civil cases it was necessary to give notice to produce before second day's evidence could be taken. He quoted in support sec. 37'J of Mr. Taylor's. Ilis Honor thought that SQfondary evidemeo was admissable. The prisoner haling admitted tho destruction of the instrument —the other side could dispense with the notice t.o produce, the particulars of the evidence being sullicientlr full in other particulars. AYitness : Prisoner saidhelihd received tho cheque from it man named Connolly. The deposition was then read. It recited that the prisoner tendered a cheque ill payment of a debt. It was on the Bank of Now Zealand for &7 14s Gd. Witness: I returned the deque because it was not dated. Henry Iluiiter, examined by Mr. Mernman: X am a lieutenant in tho Ist AV'aikato Regiment. On j the 13th of August I was at Xgaruawahia. In the beginning of August I gave hiin u cheque for Cross-examined by Mr. Wvnn : I never drew a cheque for that amount. I would not like to swear it positively. The statement of tho prisoner was then putm. He said that when ho tendered tho cheque ho did not know it wild forged. AVitness: I have known tlie prisoner for about nine months, and I always found him strictly honest. He has had a great deal of money of mine in his possession, and I always found him strictly honest, j Mr. AVynn having addressed the jury his Honor summed up. Tlie jury, after a short deliberation, acquitted the prisoner. Friday. William Jones and Thomas Savillo were indicted for stealing ono gold Geneva watch, one purse containing 7s (id in money, two puirs of tweed trousers, two Crimean shirts, four whito shirts, and other articles iiom tho barque ' Bella Mary,', tho property of the chief mate of that vessel. Mr. Morriman appeared i'or tho prosecution. The pii oners wore urdefeiu o i. Tho following wore sworn of the jury: iT. G. . Soppat, Henry JXawksj Wiig.it, Thomu.i Jones,

Charles Clark, WillMm Chambers, Alexander Mure, John Edwards, -John George, George Atkinson, James Wcarc, Alexander Irterin.

Thomas Ealand, oxamined by Mr. Morriman: I was chief mato of tho ' Bella Mary' on tho 28th of July last. The ship was tlion lying alongside Queenstreet Wharf. On tlin morning of that day w. en " I turned out to "turn tho men to" I missed my trousers. I missed other property at that timo, —an Inverness capo, my watch, which I hitd aeon the night before wliilo turning-in. Thero was also a pocket-book with some letters, mid n ono-pound note, and a leathor purso with 7s 6cl in it, two pair of trousers, four white shirts, two Crimean shirts. I saw a portion of the property—l mean tho wateh— since that time (watch produced). That is tiio wateh, It is the same I lost. lam epeito suro it is tho same, for I have had it ten years in my possession. I cannot say whether either of tho prisoners were on board the ship that day. Ifeze'siali Mann : I am a storeman to Mr. Jatkins, in Lower Queen-street. I leinember soeing the prisoner .Tones at Bacon's public house, lie offered to sell mo a watch. I bought it. This is the watch. I gave thirty shillings for it. I gave tho watch tip to Constable Clarke about twenty minutes after T bought it. .Tones represented that ho had to sell it for anothor man. Tho watch produced is the same wateh.

By IT is Honor : It was on the skittlo ground that I bought, tho watcli. We had hart a gamo of skittles. I mean myself and Jones. The game took about a quarter of an hour. Other people had been passing in and out, but I mnv no man speaking to | Jones during (hat time. I cannot sav how many were in and oat while wo were playing. By the prisoner Snvillo : It was 011 tho 29th of tTuly I bought the watch from Jones. I cannot say whet her I won tho game or not. Andrew Clark: lam a constablo in the Armed Police Force. On the 29th of July I was 011 duty in Queen-street. On tho afternoon of that day I received the watch, which I produce, from the last witness. It has been in tho Commissioner's offico over since., 1 am quite certain it is the same watch. I have had charge of it. to and irom tho Court. Tho prisoner was brought into the guard-room, I think, about. one o'clock the same day. Jones said he (Saville) was the man who gave liim the watch. Thomas Murphy: I recollect seeing the two prisoners at a public-house in Auckland. It was the last Wednesday or Thursday in July. That man (pointing to Saville) put a watch in Jones's hand, which Jones passed to me. I would not swear to the watch, but it was similar to the 0110 in Court. I cannot swear that Savillo handed it for sale, but Jones otl'ered the watch for sale, and said he had obtained it from Saville to dispose of. By the Court: I um not awaro that Jones returned the watch to Saville. Cross-exniuiiied by the prisoner Savillo : Jones told me you gave him tlio watch for sale- It was at the William Denny, public-house. I did not come into the house with Jones on that morning. Jones stopped with me weeks before at Bateman's publie-houso. I did not, see you speak to prisoner Jones the Saturday before I was discharged from the Militia, since the 16th of-March. I am acquainted with you I received my discharge from Captain Lloyd's compa hv By His lj onor : I did not see them together, except after thev were taken.

The prisoner .Tones, addressing the jury, said that on the '28th of July he was in the William Denny, public-house, when the prisoner Saville came to the William Denny, and asked mo if I would try to sell a wotcli for him. The last witness advised me to have nothing to do with it. I said I thought I knew a party that would buy the watch. I said to hiill "I do not think this watch is yours." With that, Saville rushed upon and got me by the nose like a dog, and cut me so severely that I was obliged to have four stitches in it. I wish your Honor would call Sergeant Evers. Sergeant Evers : I recollcct Saville coming to tho station-houso about, the latter end of July. He said that some man at Batoroiin's public house had his watch. I asked him how Jones got possession of the watch, and Saville .said he had given it to Jones to sell. Saville w.is diunk at tho time, and I refused to go with him to tho public house, lie was not brought to tho station, ho came himself. I cannot say whether it was on Wednesday. Cross-examined by prisoner Saville: Previous to your being before tho Resident Magistrate, you said you would call me as a witness. He reminded me of having asked me about this man Jones having tho watch.

The prisoner Saville addressed tho jury : He said that the watch had never been traced to his possession The fact was that he (Saville) had bought a silver gilt watch from a man in the bush, which ho gave to Jones to sell,-but lie never gave, the watch produced to .Tones for sale. Ho would call witnesses to prove that watch was jriven originally by another man to Jones for sale. He (Savillo) had been a hard working man. Willian IVRenzi Turner: I was ensign of the Waikato Militia. I know tho witness Murpliy, his name is not Murphy ; his names is Burns. Mr. Merrimun objected to tho character of a witness being spoken to. Objection received. Witness : The witness calling himself Murphy was in Captain Peacocke's company. He never received a discharge from my company. Prisoner Saville contended "that the witness Murphy had perjured himself in saying that his name was Murphy, and that he had received a discharge, when Ensign Turner swore that ho had never had any d ischargq. Thomas Murphy recalled, examined by Saville: I did not lcceivo a disehargo from Captain Lloyd's company, but I received a transfer. My namo is Thomas Murphy. I have been called Bums in this town. My father's name was Murphy, my father in law's name was Burns ; that is tho reason I was called Burns. I never wrote my namo as Burns.

Witness to the Court: Why your Honor knows the prisoner Saville. Why lie is a bush lawyer. Brown the calls him. (Loud laughter.) To bo sure, I knowed him since ho was that height. I knew liim in Liverpool, where he was transported from. (Laughter). Robert Milter examined by Savillo : I recollect ft a watch having been placed in my possession by tho witness Murphy. It was like a gold lover watch. It was about two or three hours in my possession. Murphy camo and took it from me. Cross-examined by Mr. Merriman : I am a prisoner for keeping a house of improper character. His Honor said it became important if as had been implied in the evidence of Miller, that the witness Murphy had been dealing with this watch, to recall Murphy. Thomas Murphy, recalled, denied that he had ever handed to Miller ail}' watch whatever. His Honor, in summing up, said that either tho witness Murphy or the witness Miller had perjured themselves. Tho nature of the robbery made it stronger against Saville, as a great number of articles haviug been stolen made it probable that more persons than one wero concerned in tho robbery. The witness Miller had been brought from a prison, and it was as easy for the prisoner Savillo to describe lie watch to him, as it was for Millor to inform Saville that ho know anything about the watch. It was. no doubt, an incident ; then there was tho identity of the watch, and the coneort that had been shown between the two prisoners. Tho jury should be satisfied of tho dealing and concert, and that tho property produced was the same as that stolon-. They would give tho evidence due weight before arriving at their verdict. They were to recollect that Serjeant Evers deposed to a complaint of Savillo about the other mail having his watch. By a reference to the calendar, tho Wednesday alluded to was the '27tli of .July, and tho watch in question was not missed until six o'clock on tho morning of tho 28th. 'l'ho jury would also consider this circumstance, and how far it weighs in favour of the prisoner Saville. They were not t-> be moved by tho antecedents of either of tho prisoners, but to givo their verdict upon the evidence solely. Tho jury found both prisoners guilty. The Court sentenced them to he severally imprisoned, with hard labour, for twelve months. UOIiI'.EUY IN A II WKLI.tNCi. Harry Yelverton wi indicted for haviug broken into the house of John I'almer, of Tokari, Port Waikato, and stealing therel'rom a watch and other property, on the 4th of August. Tho following jury was uwom : —Thomas Hewlett, William Chambers, Thomas Jones, Thomas Herbert, George Smith, Johnßyeroft, Samuel Shepherd, John Kicholson, Thomas Wilson, Thomas Jones, Thomas yhophetd, and Win. llobinson. Mr. Moniinan appeared for tho prosecution. The circumstances of this ease wero peculiar. The pro.-ecutor hud been obliged to abandon his house, in eonsequonce of tho war. The prisoner is amero lad, of whom nothing appeared to bo known. Ho went to a native at Tokari and showed him a watcli and a ! ieap-hot k. The Maori asked liim to go to a native, v in) ac< o-npanied both to the' man's hO ise, which P?»i.4 la bo hroksa vjp, nod the lyrjlm v ( th= bemyn

insido also forced. Tho prisoner said that a white man had robhed the house, and pointed the direction tho supposed robber had went. Tho Maori .went in search of tracks, but none were found. They gave information, and tho prisoner was eventually arrested on the charge of burglary. John Palmer, [Mr. Edward Walter Buckie, acted as interpreter] lam a labourer, living at Port Waikato. I had a house in Tokari, in August last. I i do not recollect when 1 ..Ist slept in that house. I went to that house 011 the Bth of August. On the 7th 1 got news that it. had betn broken open. Tho lock aiul ono of the hinges of tho door were broke oil'. I first received information of tho breaking into my house, from Mr. Marshall. I had seen tho house in safety, about three weeks before. There were three boxes in the house, two of my own, and one belonging to Kidwell. It was a slab house. I had to leave it when the war broke out. When I went- to the house the last time, George Kidwell was with me. also corporal Steward Cranford. Two boxes were broken open, ono belonging to me and ono belonging to Kidwell. I know that Kidwell lost his watch from his box. I saw him put it into his box, when he brought t.lio box into my house. The watcli produced, is the watch taken from my house. Cross-examined by the prisoner: I did not say Mr. Marshall wrote to mo about this, Mr. Marshall wrote to me. John'Kidwell examined: I am a set tier residing in the Waikato. Sometime sinco I left some proporty in the house of the last witness. I cannot say when 1 put- the property in that house. It was three weeks or thereabouts before 1 heard the house was broken into. I accompanied corporal Cranford and last witness to the house, 011 the Gth of August. I found the house as he described. I orerhau.'od my box, and found my watcli had been taken away. The watcli produced, is my watch. lam quite certain «-f that. I next saw it at the Ecsident-Magis-trate's Court. Muniku Moki: Examined through interpreter. I reside at Taukari. I remember being examined beforo the Resident Magistrate of the Waiknto district. It was on tho 7th of August, that. I first saw tlio prisoner lie was about fifty yards from tho liouso of tho pi Or secutor. There was a fence enclosing Palmer's house. The prisoner was cloto by the fenco. I saw him getting over the fence, lie was going from the house. I spoke to him. Tlio prisoner showed mo a watch and a reap-hook. Prisoner spolco to nie first. Prisoner told 1110 he saw a white man breaking into the house. Witness took the watch and reap-hook,and said, " let us go to Walter Ivukalai." Tlio prisoner again stated that lie saw a white man breaking open tho houno. Walter Kukatai asked where was Paratini that Partini might net as interpreter. P>'ratini is a Maori who speaks English and acts as interpreter. The prisoner speaks a liltle Maori. Waata arid myself went to exainino tho house and look iur footsteps. Wo found two boxes had been broken open. We followed a stream to traco the footsteps. Tho prisoner told us which way tho man went. Wo found 110 tracks. Cross-examined by the prisonor : This is the watch. Thero was a glass to it when I first saw it. Tho was broken. It has no glass now. I know it is tho watch. I know the watch, because I saw i many times with Kidwell, who was my pake ha. l'aritini (also a nativo witness), oxamined by Mr. Merriinan : I live at Tokari. I was at tho Resident Magistrate's Court when tho jrisoner was examined. On the day mentioned by tho last witness I saw tho prisoner. Jt was not close to Palmer's liouso. Walter Kukatai, tho last, witness, and sonic others. Prisoner said he saw a white man talcing property from Palmer's house. Ho spoko in English. Pii-soner said also that the man swore at him and ran away. Prisoner pointed in tho direction the man went. Wit-

ncssand MarakuMoki, and Walter Kukatai and others accompanied tho prisoner in the direction he pointed out. There were no tracks. Tho land was of such a nature that it would leave a foot-print. It was clear ground, and no grass. Prisoner pointed out a stump where he said some property was concealed, and where he found |the watch. Walter Kukatai showed me the watch in the prisoner's presence. This is the watch. Ci'oss-exaniined bv the prisoner : I luiow this to bo the watch by tho broken key. Walter Kukatai, examined : I remember Palmer's house being broken open. T remember seeing prisoner with the last witness. I went with both of them to look for prints also. After crossing the stream we could find no tracks. If any person had passed I should have seen liim. Part of the road was covered over with grass. Tho sides wero not. llis Honor suggested that the tracks proved nothing, as a part of the road, it appeared, was covered. Bememhcred the prisoner po nting to the stump of a tree. There was dust on the road that would have taken the impression of a foot. Cross-examined by the prisoner: The or ly tracks were cattle-tracks. " You did point out tracks, but they were those of cattle. Steward Crawford examined: I am a constable acting at Waikato. I am a corporal in the 2nd Waikatos. I remember that the watch produced was also produced at the Resident. Magistrate's i Court. Prisoner said that ho saw a European throw | it down, and that he picked it up. ' John Scott examined: 1 am a sergeant in the armed police. I produce the watch. 1 received this watch irom Captain Dixon, of the ' Susannah Cuthbert,' steamer. Tho prisoner, in his defence, said that he was on a pleasure trip, when ho met a man coming out of Palmer's house. 110 called to him, and the man ran away. He dropped something. It was a watch, which ho (prisoner) took and showed to some Maoris. Thoy brought prisoner to "Waltor Ivukatai, a native, who brought him to I'aratini, and then to an interpreter, who detained him. He did not conceal the watch. His Honor said the juiy should not allow themselves to bo influenced by a somewhat precocious intellect manifested by the youth at tho bar. They were to consider what weight wrs due to tho fact of his openly showing the watch. Thcro was no evidence; to show how tho Maoris attracted his attention, or what happened between them. Then there was tho non-appearunco of the tracks, and tho great fact of the possession of tho watch. The jury returned n verdict of Guilty. His Honor sentenced liiin to six months* imprisonment with hard labour.