SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume II, Issue 495, 14 June 1865, Page 4

SUPREME COURT.— Criminal Sittings.

aUtSDVY, JUKE 13.- ; - : (Before His Honor Sir Gγ. A. Arney, Chief -Tustice);" His Iloxaa icok'.liis seat on. tlie Ivnch at tea"' o clock. I' 1 '; ; * •■■" '; xAiicnsr: , ' ". ."!"""' John Jfi-Gitirc was ii.cH. t-.'d for stealing sevetijT , articles belonging to a theatrical ward .'robe, viz.; a:] silk rclvtt fchirt, value £5 ; a pairof spaiiglrd boot's." volue £i ; a pair of spiuiplod boots and , blccvcj, Tallte:; £5 ;■ a p.iir'of {rauiitlets, £1 ; a pair of kid glovcs^a- • blouse silk littndkcrduef,,valu<> £1. ■.':•:• iMr. prosecuted oa behalf of- the Crovrni." Mr. Jo'un )$.. "plili'orcl doposed:. I Rni an actor ati r.tjj.o Prince., of, Wnjes , 'J'lieatre-, As air.uc.tor 1 ba^e.-i a thcitric.ij ,m-:ir.-)ro!)o. \ft.-r r.-bearsal;in the l'loaj.-i; in:; oi' the 2oth' of May, I packecl up tl β^articlesl had:> worn on e.cnmi;. ,'ihJ} ivoro u Silfc;^ velvet shirt, ii pa'r of s]>anyled toots, a pair oJf.-.-sp_iini;lpd liglita'anrfslecvcs. a pair of gauntlets, a pair,!.' of kid glove.?, ari'embroidered gold bvlt, a jar of '■ brass spurs, a blouse , and a silk handkerchief. I tied"."' the things up in the blouso, aiid t'i'.-n tied them nil!;' up in the eilK handkerchief. I sent a person na tl " John George Q-w»lhvi:»for ilirm. to the theatre. In';; , coustquenuo of information 1 iveeived, I went to tl.e--; Police Motion; thol amo evening.- I saw there tlie ,; silk velvet;,slnrt ana belt, tho spangled boots. The;-" , velnSt ehirtJs oa ntfifXy ae poaeiWe of tlfolvaltre eff£& ;^

The fEEsglf.(L*?. o t? 9"? *orth about £4. The tights ancTsleeves are woith nb'out £5. The gauntlets are worth about £1. 3he blouse and handkerchief are worth about another £lc 1 bese Imu in \\ IP Police Station. The hirdkercLiefwnstakin frem the prieoner in my presence, fl he articles were produced by Constable McGlcne.) These mo the same articles and are my property. Henry Twight deposed : I am property manager at the Prince of Wales Theatre. I know a man of tho name of John George Gwythers. He came to me on the 25th of last month, for a bundle I gave him U, 'niLile. It belonged to Sir. Clifford. It v.ri wrapped in a red silk handkerchief. I saw Mr. Clifford packing it up in the morning. J gave the bundle (o Gwythers. I cannot swear positively to the hanHerchiei" : I know the other aitieles. 1 have no doubt they belon.tr to Sir. Cliflbrd. I faw Mr. Clifford wear them previous night, a*d pack them on the following day. John George Gwythers : I am a labourer. Mr. Ecvfridge: "Where do yon reside? "Witness: Sometimes at one place, sou.etimes at another. (Laughter.)

Mr. Beveridge: You sometimes stop at the Greyhound ? (Laughter.) TVitnrss: I remember going to the Prinre oi Wales Theatre. 1 went for a bundle for Mr. Cliflbrd. Mr. Clifford told me to get the bundle and tnke it to his house, in Cook-street "West. I got the hum)to from Mr. Twight. I went into the Greyhound Hotel on convir.srironi the theatre. I had a half n pint of half-and-half (Laughter > Mr. Beveritige: J nd wliat effect had that on you ? Witness: Tho efl'ect of al out two hours' sleep— (Isiighter)—that is iill I had lir.d some beer previo sly. I went to the bar. and turned to the left I laid'the bundle down on the seat- T fell to sleep. The biirmnn awoke me. I saw n bundle, but it was not in the same shape as when I hnd it. '1 be barman's name, I believe, is Tidy— Carrinston Tiddy. (Laughter) I In. , *- the silk handkerchief. 1 never saw '.lie prisoner until I saw him on the 2Gth of Mny. I nni quite Mi'.e 1 never gave tlie bundle to any one. Henry Prai:ley : T ;:n the proprietor of the Lola Monte* cicar-shop. in Albert street. I have seen the pri-ener before. I remember seeing him on the 25th 0! May. He came in'o my >hop with a bundle under his nnr,. It was wrapped up in a white jaektt or blocse, or something of the sort. He iisked whether I was busy. He said lie li:ul romethirg to show me, snd wished t;> show it me privately. We went into a piivate room. He opr-iW the bur.dle. and showed mo a lot oi" theatrical clothes. He asked me to give him something for them. I ask. d hr.i whi-re he"got themfr. m. He .-aid he got t! em from the owner, who was down tho street on the spree. He linked, me to give him 10s. f.ir them. 1 t.la him I must; thow thrm to seme'* ody else. I sent my son for a constable. Constable M. Glone. came almost immediately. These articles produced, are the same. Constable McGlono. dep sed to being called by the witness's son. and taking- the prisotifr into custody. Hi* Honor having summed up, the jnrv fuivnd the prisoner guilty. A previous conviction was " roved against the prisoner for roblir.g the Roman Cuthplic Ch.-ipc-l, at Or.ehivnga, by s'c-alir g certain ribbons from a missal. His Honor irt p.i.'s'r.sr sentence, said : Prisoner you have bt en found guilty if this crime, r.nd you have beer, also four.-i guilty of having committed a previous fi-lony. Yci! have repoittd y urself a member oitbat cr.ir.munion—tl-c- Koman Cath.-lic Communion —into whose p'-.ice of worship yon entered, anil saeri-"is-iouslv plundered. When one knows, as 1 know freir. my ob-ervatior. in eouiit:ios o;' T'uropf. the ert-at vcr.rr.iticn in which all articles in their , hurch r> latins to tin ir w<'i>bip. are In Id by all <he rr embers of that ccir-munity. no } erson cluimirg to bc-loi g to thai ecu n",nni;y. c<uld rob mc)i a jhice of wor>hip crU>3 he was iad at heart. 1 have no ue.ubt. indci-i! it is n anife.-t, tbat'itwa~ by the lecon.mir.dation to ir.ercy of the. <rer.tlcnsan who cffic:.t'tc,= at the pluce whtre you cf n.mitttd that clfrncc. th,-:t you recciieii so slitht a y.uiii>l m<r,t. P.ut i:o forrer aro' you released fn id pii.-on, than you art , in pir lio-h< usis. ar.d feeing a tnur. asleep, you rob him. You mu.-t know tbat if y< u shcuM be brought b>foro tI.LCourt ag;in, evtn fora fn:n!! cfi'enre, you will certtirilv receive a Ei-nferee of yer.al servitude. A man fit yrur age. 35, tilgle r.r.d in .litalth, nn'pht with ordir.iin iiidustiy, iiee to j o.'itirn ar.d tfllumce in tl'i.- tcl'riiy. Ibe fcr.tcnre rf tliis Ccnil is that you be jmi-rifcnrd, ar.d Vcj.t to tftrd lubcur, for tho te:m of 18 (alendar nionths. IiKCEXY. EXTl!AOßr>lyi*-T CASE. John Swcji was iridictrd for stealing two keys, the proi erty of William J. Young, n-grltii-r residing near Otthuhu. The vnlue of the pre perty was sworn to at 10s.

llr. Wyriri appeared for the pr'.-scoiiti'ii. Jlr. Ecvericige was erin/til for the riif>: ,f. Thi- case involved a vciy iir.portarit issue and grffit lfg 1 r.iccty. The j-risonfr had hem in the srrvire of the prosecutor as (he manager "f a licns-ed house at Moungatavii.iii ( >eek. ohe yrcsc-'.utor alleged that hi? business laving ffOien ofi for vai t of cleanliness and otl.cr c-iiUffs he the j risont-r. 'Jhepri-s<-r«r at fiiM refused to give up yosse sicn. ]t was a]!r-ff((i i],f;t liaviiig leer 'put cut of possession he irade fe!erious t ntrv, i-rd also look the k<ys which f nis the Mibjett ( f the present ehnrpe far that purpose. Die prisorer's c!e or.(C was that his wages had net tern paid to him and Ve refused to give up posi33'ioii before his ciaim was satisfied. It ul-onpprarec! that lie ht:d been apprehended for horse stealing at, ns it was insit uated, the iii6tar.ee of the prosei liter, and being absent at Pupakura on account of this charge it no-' conter.dtd thut his possession Ccaecd. Th.e prisoner in answer to. this said that his wife renr.ait:cd in rossfsMon. It was alleged that the J risor;er had illegally rep-sseseed himself of the keys for thi- purpose of stealing other goods in the house, and an attempt wss made to prove that he had sold or taken away other goods. l>. answer to this it was contended"that the object of the prisoner was not to steal goods, but to seoure himself in his own rights, that it w*? only a tempoiary taking of the keys, and it was .'hovrn tlia' the keys were subsequently laid on the C! uiiter. 1 here wae evidently a misunderstanding between the pro»eeu:ornnd the prisoner, and this case has been alreadv tinder judicial investigation. The prisoner contended that he and his wife was under a yeiirly engasretrent to Mr. Young. Mr. Young entended'thut Ihe engagement was "at the rate" of £100 a-ycar, and ti-rminiible by cither party at a month's notice to the other, liiere was, however, no stipulation to this efleet. Mr. Young d- termined to dismiss the prisoner, and appointed his successor. Tlie prisoner declined to give up the keys. There had t-jrn an inventory given to t-he prisoner when he took pi.ss'ssion. 7hepri--oner contended that he wag responsible, for all eucli goods, and- that he was ready to take stock if the prosecutor would settle with nim As iliujtr.iting the plations of masters and servants, this ca«c is very important. The following evidence was adduced.

AVi! iam John Young examined by Mr W'ynn : T am ;];e prosecutor in this rase. I reside ru-ar Otaliuhu. 1 have a ttore at Jla«.ngatnwbm Creek. It i* a iifc-necd house. I know (lie prisoner at the bar. Be was i:> my employ as a storekeeper and c nduetor of this house. He "was empowered to wait upon customers to receive cash and make necessary purtlii.ers. 'Jhe store ivaa alrO a repository for goods passing up «nd down the river. I had rea?oti to be dissatisfied eaily in the month of May with the prisoner's conduct. I went up to Maungatawhiri Creek. I Ea w the prisoner. I requested him to hand over the property belonging to me which he had in his charge. 1 told him to come down and I would settle with him. I mean by "down" to any of the places where he knew 1 could be found. I meant generally that ho should have removed from ' there. He refused until he should have consul'ed his legal adviser. He went away that afternoon. Tins eon vocation occurred at the store flt Maungutawiiiri Creek ] remained until the following day. There i= a hoaee containing two sitting rooms,-three or fuur bed rooms, a bar room, a kitchen, and offices, stabling, &c. The store room was a cellar, underneath "the rooms 1 hive jnentioned. 'J bis cellar is secured by an outside door, locked. I did not see Jl»c prisoner from the time he walked away until I 'eft- 'I he keys belonging to this store and the key.of the cash box were at that time in my possession. He Rave them to me ■ There was a box of which, he refused to give me possession. Tho keys I epeak of We the subject of this prosecution. I gave them to 'lie person whom I had appointed to succeed Mr. B.van. His name is Edwnrd Gilshinan. The value of the keys wan about 10s. , tros3-eiaminedby Mr Beveridge: I believe Gil-. •ftinan got the keys from Swan. I supplied the portion of the stock that used to come from town. I •''pt it regular account of the . stock I sent to him. •Many articles he was authorised to buy. When he ■*ae put in charge I. took stock with the. prisoner. I 'cok a list of what was handed over to him. It was not stated that tbe prisoner -was'bound to account for

■- "Vγ, 'J'f 80 'orriuigancut. -rfas, that lie > with his wife, tree to take charge of this placo, nnd I ! was to give him at tho rato of £ICO a-yoar. Thoy > were to live in tho house. I told the prisoner when ■ X went down in May that I was dissatisfied with his i conduct, I said that ho had been accused of stealing i nones, that many of the goodß had been lost and damaged, that ilw place had not been as elennly kept Dβ I coulJ desire, iir.d that for these reasons I wished him to hand over the stock and I would eettlo with him- that both for himself and for mjself it was better Hint we should part satisfactorily. The. prisoner declined to do anything whatever to this end I hat was nil that tcok plnco. I told Swan all that I have now 1 open tod. I told him about tho stealingof the horses. 1 mentioned the man's name who had been impeached of horso steeling. His name is Thos. Hawk—[This jeison had been charged before the grant! jury, but tho bill was ignored.]—l went to Hawk and asked him to press tho charge of horsestenlmg again-si t-lio prisoner. Tho prisoner told me he had settled with Hawk about the horse-stealing charge. Tho, pritoncr gavo me the keys up. Ho refused to givo mo tho cash-box. Ho first offered Hum to me with his own hands, and subsequently hie wile gave them to mo. I had them in my bunds before I left them in the cellar door. He locked (he cellar doc. There was ro objection marie by the prisoner to handing toe the keys up to thisfimo. His wife handed me the keys. She was in the bar room. It was not in Swan's bedroom that I got the keys. I did not break the door of the room where Mrs. Swim was for the purpose of getting the keys. T did not break in any part of tho house to get tho keys. She subsequently opened the bedroom. A good deal of stock was"in the roo-n occupied by the prisoner and his wife as a Welroom. She opened the door to enable me tc taVe stock of these goods. I did not snatch the keys from her. Ido not know under what circuniMancr-s prisoner again got possession "of life kei s. I examined the box •Mrs. Swan was not present. The key of the cash box was in my possession. I took tho money out It amounted to £55 which Mr. Swan refused to give me. Mrs. S : wan told me the monoy was mine. 1 he prisoner nlso said tho money wtis mine before he went away. I think Gilshinan was present, nlso a Mr. Kaye. 1 have never taker, stock with the prisoner. M lien tl:.e prisoner first went int« possession l sent him h stock list. 'J he stock had been taken before. I think prisoner was on tho premises when ihe stock w;is taken, but ho had not checked it. When lie refused to take stock, I instructed Gilshinan fo take stock, as the prisoner had refused. Ke-examined by Mr. Wymi : When I told Hawk to press the charge of horso stealing, the prisoner had been apprehended- for that offence. The two keys referred to were fastened together on a key ring.

Uy the Court : It was not stated how tho wages were t' , have been paid, or at what times. I had paid the prisoner wages two or three times while in my service. He took his wages from the cash in hand, ■nd apprised me of it. Another time I gave him a cheque. I forgot what the amount of the cheque was. I think about £3 was the amount paid upon cheque. There was about four months and ton days wages due to the prisoner. 'J hat was fur the time of actual service for himself and wife. He had been in my service by himself alone. I w.is in tlie s'oiv two days before dismissing him. I put a man named ("ilshinan in possession. Gilshiran afterwards told me th\t be had been turned out by the prisoner. I" think Gilshinan was afraid to sleep in the house, and that was why he came down to me. I put Gilshiiip.ii into possession while Swan was nway Mrs. Swan was on the premises. They have one child. I think she is six years c{ age. "When 1 went back in conseOjUence of what I heard, I founci the pris ner on tho premises. It was then 1 told him that I had been dissatisfied. I did not pay him his wages. He claimed bis wages. He said if I would pay him a wages he would go ■ —a twelveu'.f ntli's wages from the time that lie and bis wife entered my service. I told him to assUt Gilsbinan in tnkinc'stock, and I would fcottlo with him. I pu' Gil hinnn in possession and dismissed the man. It was understood that a.month's notice was till thi.t would be required. It was not stipulated. Prisoner said that he would not do anything unless he got a 5 enr's wages. I told prisoner I would pay him a month's wages instead of notice. J ; c would not accept that. 1 did not offer him any compensation for boaid, &c- It was understood by me that I should do eo. I did not suggest to him where he should go fo, only he must leave tho premises.

F-dwurd Gilshinan, examined by Hγ. Wynn : I reside nt Nangatauhiii. 1 nm in the employment of Mr. Yourg. I fiiii managing his sioro. I van managing his store on ihe 6tb of May ]n*t. I Know the prisoner. He w n s also thfre at that time. ITp to the. fii.'t of IJsy lie was> managing the store. I got climgc of it the first of Slay. There whs a disagi cement between the prisoner and Mr. Young, about the management of the store. Sw»n left on ihe evening- of Ihe Oth of May. Hβ left his wife and child on the pren.isrs. I. hnd the custody of the keys at that tinie. I obtnii ecithe keys on the sth of liny. One was the key of the cellar, llie other tho k' y of Ihe cash box. Stores belonging to llr. Young and cithers ivcie kept iu the cellar fwnn returi tu ;.* γ-ut 2 o'clock in th« morning of the 29fh. I had un assistant, named Fergy. Mr. Young gave me the 1 <■■.=. The prisoner was not present. J had the ke\ i . Mr. Swan's bedroom given to me b} , Mr. Young. I taw Swan when he came back on the morning of the 9th. I asked him if ho got home, and that was all that passed. Ho went to his bedroom. I saw him between S and 9 o'clock of the next morning. There was no conversation abmit management or keys. ■ I still kept the keys. Swan made no demand for the keys. In tho evening of the Oth, about half-past 4 o'clock, I went down to the cellar. 1 was serving in the bar previously. I was called down. 1 found Swan, and James Fergy. and another man in the cellar. I saw two pieces of | pork in the hands of the third person. Air. Beveridge objected to this evidence. Mr. Wynn explained that the prisoner went down with the man Fergj-. The poik had nothing to do with tin- keys. Sir. Bt veridge withdrew his objection. Witness : The prisoner in reply to my question | what he was doing, paid he would do what he liked. I was going towards the dotr. I asked James Fergy to give mo the kej's. '.I hoy were in Fergy's hands. Swan lu-hed forward and snatehr-d tho keys out of j Fergv's hand. Prisoner took mo by the two arms i and tlnust me out of tho cellar. 1 went into the bar. Swan went away. I asked him to give me the keys, but, he made me no answer. I did not got the keys back. I found them next morning on the counter. Cross-examined : I went to Ihe store on the Ist of May. I went in company with Mr. Young , . I went for the purpose of taking charge of the place. Mr. Yciung told prisoner that I was to take chmgo of the store, and prisoner was to do the outside work—to take goods down the river, and attend to the stable. I did not hear M>. Young say this. I swear that I did not hear Mr. Y"Ung say so. I did not h ar Mr. Young say anything beside asking pri:-f<ner to hand over the cash that ho had. Heard Mr. Young say to piifscnt-r that he might go to any hotel he thought proper. Mr Young asked prisoner to take stock. This was on the evening of the Ist of May. I heard the prisoner say that he would not leave the place until his wages we:e paid—that Swan might lake up his lodgings at any hotel—that ho, Mr. Y< un" would find him a horse and dray, and would then "settle with tho prisoner. 'Inhere is an hotel within two miles of Maungat'iwhiri, at tho Queen's Kedoubt. When asked, prisoner declined to take stock until ho had consulted a solicitor. James Fergy.corroborated tho witness Gilehinan, as to the Bcene in tho cellar, when the prisoner snatched the keys ilo added that tho prisoner Swan took the last witness by the shoulder and threw him out. Fergy further deposed that tho prisoner offered to Bell a man named Kubtry somo pork. William .Blake depoeed, that ho was a blacksmith, re=idin" at Drury- Knew tho tt-jvo at Maungatawiiiri Creek, belonging to Mr. Young. Saw the prisoner there on tho evening of the 9th. Stayed there that nii'lit and Rot up abont daylight, on the morning"of tho 10th- Believed the prisoner was stavingthere that night. There is a cellar used as a stare underneath. He saw Swan with at-other person, coming from the cellar. Gibhinan was asleep, but Fergy was up a* the time. Mr. iiev.ridge objected to the answer ot the witness being received. ■ ■ t \. "His Honor ruled in favonr of receiving the evidence, reserving the point, whether a subsequent act, felory, orolherwise, can he adduced as evidence, in aid of proving a previous felony. . I- His Hoiior proceeded to sum up, going through the whole evident most carefully, and commenting ■upon is effect of the statements of the several witnesses. In hie commentaries, hie Honor eaid : Xou will consider this case, as it affects the position which the p-isoner at the bar. He was placed in the management of this house, with very large responsibilities so that you must consider that the prisoner had rights ae Veil as duties. "Wton bb wrt pltwtttt in

chargp, an inventory was made, and tliij prisone probably thought . tlu.t he wns responsible, tmli his niMsti-r should have, in Iho ordinary course, tcr miiißtcd tho engagement, arid r.sked for an account and everything should be set.llc.il between the parties No man knows what charges of embezzlement, or o breaches of trust, or larcenies, might be brouglr against a mnn, who would give up proporty in whicl be. was in charge, without giving up his charge.due things wcro properly accounted for. Tho. whole question in this case wns, what waa tho intention in this man's mind when be seized those keys ? A3 If the period of engagement, it has been a rule accepted in courts of justice tlmt where there is no stipulation expressed as to the limit within which it can terminate, nnd where tlio liirinji is expressed by no much a year, an engagement is to nil intents and purposi t yearly. There has been one exception to this rule, and that is in tlie case of tloincf-tic eoi van's, nil execution based upon etullifOiod usage, whero a month's notice will be required. Now, it was not in the power of Mr. Young to turn away. It is not ptnteil that he gave th« prisoner any notice whntever. There was no suggestion that tho' prisoner h-.d been previously stealing or embezzling his master's prop.rty Ibe prosecutor himself did not say that he gavo the prisoner notice. He does not tender the prisoner his wngcß, or any part-p.! his wngee. It ven supposing the prisbnur had taken the inventory in the absrncc of the prosecutor, nnd ultimately if nnvthing was tound wrong, the prosecutor might have brought the prisoner before the Court either to compel him to account or to punish him. It wa*s said by one of the witnesses that tho prosecutor bad said that the prisoner might go to an hotel. Was the prisoner to go to this hotel without money nnd uric for credit, for it. does not appear that he was offered any money ? It seemed thi.t Mr. Young, octine. under some diiplensnrc, took the high hand, nnd the witness, though in the opinion of some he would be called obstinate, at all events he stood upon his rights. Hail be surrendered (he charge of this property—miscellaneous property belonging to ninny different persons—it would not tlo for this man to have gone away under Mich eirei.inst»ncos ; hemUhtbe charged for any deficit occurring whi'e ho was baillee of this properly. He wotltirhave been at (h- mercy of others, jts'oxi, as lo (he surreptitious obtaining the ki-i ; wns it for the purpose of stenli , g ? 'J ho narrative of Ihe alliiir was this: The prisoner when askrd what ho was doing said ho would do what he liked. Then whtii the witness EVrjry is required to hand ovir the keys to (■!ilshinan. it occurs to the prisoner that the keys are important for the enforcement of his rigl't, and he at once seizes them nnd turns: the witness (Gilshinan) out o! the store. 'I hen as to the- stealing of ihe bacon : there was no evidence to whom it belonged—it might have belonged to anybody, or even to the prisoner himself. It i? for the jury lo determine the question submitted to them by the prosecutor.

'fhc juiy immediately returned a verdict of Not G-uiltv.

J! is Honor : The prisoner is discharged. I cannot help saying that whatever siis: icions may have been thrown out in Ibis case, this prosecution appears to me to h.ive boon a mistake. STKAI.ISC+ FiiOM THE COMSITSSATCTAT. Ah-.ramlcr Jioliimoii was indicted for three separate larcenies within six months by stealing four bottles of rum from the Comm ssiiriat t-toves. 'I his was a prosecution under a recent Act of fnrHnmont to enable these at the brad of Government stores to (oiiibine srpuiate acts of lar.-eny in one in-dii-timiit. the preof of which would establish the guilt of felony. Cnptnin James Dnvis said he wns quarter-mastei in the 3rd Waiknto Ueginient, and was -tationed in December last at <"ambridgc. The Commissariat stores were in the. < are of witness. Prisoner was si-r geant and commissaviat issuer. Pations would have to be issued ui on true requisition and daily slates. Prisoner had charge, but the witness would have been liable for them. A daily state woul be furnished fo the prisoner showing what rations he would have to suiply. The quantity would have to be delivered to the cnttrer for cncli mefs or erilerly. A sergeant's ration of rum is one gill. The witness stated that between October and March he missed from the ftore 5S gallons. Tho prisoner only had access to the store.

CrOFB-exmiiiucrf : The prisoner vas engaged to assist in the stons in Fepten her, ISG4. '} here was no li f t oi tlic s'.crt-B bawkd o\er to piifoner. There was a loitir-n of nun in ilic bands', but I look an iKTGUi t of vhtit w:,s liawii from them. "\Vitr.e-s bdievtd tlu.t tl.e principal defalcation occurred in February, during his absence on leave, fctock wns tnkcs at the <( n inn ccn.ert of Jiii.u«iy. "Wiliit es could not snv vliether prisoiipr had ten rnsks -without booliß, which were not in Court. "Wiliic.-s took stock afteiwartls in the month of March. Tliere are gMicriilly 3 J puUcns deficitnt of tlie (junntity inerkocl outside the fi.pk of 11:111. I oni not !i-n«re lheie are or linve rvcv l.e<n < iglit or t<ll difuknt. A bounl o'vays f its to oEceitiiin Ilie deficiency of the I<oripls. Iliu ('.(ficicury 01 58 f;»]'oi;s \ms tc unci by hiking the amount of the 1 amis, and deducting the aim nut ol the itMire. Did not take into account tlie di (icicney in the barrels. 'J'he accounts arc kept daily and entered by clerks, there'were no other is?ui« of rum in that store. IJam-ls of rum are taken from one Btoiv to another, of whidi hh acc< unt is kept, l'liaoner wos ttiuck < 11' jay by order of the Government Extra rum wns allowed to Captain Clare and Miijor \N ilson, but it \uis taken into the account. Never uuthoijsed the prisoner to give liim to any poison. Wiine.'H lnid g:v<n n iccommcTidatioii to tbe prisoner f«r a license to a hou-c called the " Duke of Cambridge," partly because ho had been requested by his coimnaridinc oilicer to do eo, and he (witncEs) did not like to express his suE]icions at the time.

Alexander Healy suit! lie was four months ago a sergeant in the 3rd Waikatos, and caterer for the eergcanl'E mess. 'J lie rum fer tin: m< ss was drawn in one vessel. PiUonc-r eold his rations to witness. It was isHiied daily, and yimlnued and paid for weekly. I'ouglit otlior rum from piisoner besides his rations. December 23r«l last, I ought one bottle, paid Gs for it. It camo out of tho Commissariat store.

Mathew Creiphton ISaughlon, a storekeeper, deposed : That he lind punhasrd from prisono rum to the Mnotiiit of £12. The sum was in bottles. Witness kept a running account with prisoner. J nsoner taid it wus his ration grog and overplus Whenever witness asked he could pet rum. Prisoner told witness not to tvll the I,'iiarter-jMnpter-ScTgennt. A Tv : tncss named Kelly was put in tho witr.esibox but not examined. M illiam Wallace paid that hehad sold five bottles of commif Bariat rum to the prisoner. Prisoner had a case, the pri-onar with a ten gallon keg which he bought from him. Mr. Beveridgo addressed the jury for tho prisoner. slr James Oldham, wino and Bjiiit. mcrcbimt, of iiuekland, depofed : That he was a wire nnd eiilit merehant. lie had had transactions witli the pri-son-r, by selling to him on the 20ih Di-eombcr, 40 irullone of rum, two cusch of brandy. Had similar dealings with the prisoner in June or July previously.. The last mentioned tiantaetion was only ten gallons. Sir. James Gillies, salesman- to Messrs. Cruicknhaiik, faid ho sold to prisoner 30 gallons of rum and G cases brandy. Mr Brookflo-d rf-plied on the whole cae". His Honor summed up, The Jury retired for half an hour, and returned with a verefiet of not guilty. 'J he Court adjourmd at a quarter to nine o'clock.