SUPREME COURT.

New Zealand Herald, Volume III, Issue 642, 2 December 1865, Page 4

SUPREME COURT.

DECEMBER ORIMrNTAL SESSIONS. Friday, Dechmbeb 1. (Befuro his Honor Sir G. Arney, 0.J.) Tnn criminal sessions of the Supromo Court opened yesterday before Sir G. A. Arney. 'lhe calendar this session is very light, there being only 26 criminal saßes set down for trial as compared with fi'l tried during the September session. 'l'be names of the folio wing"gentlemen were call«d to servo bn the Grand Jury.: —Mr. James O'Neill, (Foreman), Messrs. John Watson Bain, John Huchanan, William Thorne Buckland, John Henry Burnaide, George Graham, Walter Graliamc, Alfred B. Griffiths, Thomas Henderson, Howard Hulton, Robert Good, John Sangster Maefarlarie, Thomas Maefarlane, Thomas LincUey Mackie, David Nathan, George Burgoyno Owon, Samuel Seddm, Georgo Webster, John Williamson, James Williamson. his honok'h chaboe to the grand johy. The Grand Jury having been sworn, his Honor addressed them as follows :— GeniliEJlEs 01.' tub GruAND Juey:—l purpose to eonC:.e your attention and ray own, upon the present o cii'itn, almost exclusively to the business that will come before the Court, and v. lew of the cases that will cme under your notice. You are aware that during the General Assembly which lias recmtly held ils sittings, there has b tun passed a large number of Acta. I have heard soaio seventy Acts ot' Parliament or mere hnvo rocoiyed the Governor's assent, but I have no doubt that- some of you know better than I do what the nature and obj cts of some of th-se enactments are It is very probable—nay, it is almost inevitable that it should bo so—that the Governor's assent could only be given at the latest period of tlio session, and the result of this circumstance i 3 that there has not been printing power available to supply copies of the various Acts to the Court, and coa.-equently the Supreme Court itself is bat ill inf Jimed of the new laws which may havo tusen, or may hereafter take effect, which it is bound to administer, and which wo all are supposed to know aud ob -v- X need make no remarks oil the general state of the Province as to crime, except to congratulate jou upon the very light calendar which is before us. Public rumour has brought to the ears of all of ua proceedings connected with the administration of tho law in this Province, and within the judicial district over which this C'>urt exercises jurisdiction—proceedings which mu3t effect all our minds with the deepest concern, and to which almost every man in this cjlony must devote the mo6t profound thought. But there is no case to come before tho Court iu its present session arising out of tho stato of this Province, in respect to the position of the native race or out of disturbances which are known as the Maori war, and therefore I am exompted from the responsibility of inviting your attention to anything that his occurred as arising out of the political situation of the population, native or European, in this Province. So long as the Acts of the General Assembly relate to public policy, it is not desirable that I should call your attention to them when addressing the Grand Jury. I believe wo have not a crime represented on the calendar as having been committed by a native. This is a happy circumstance, considering tho intercourse wilh the native population, which has been in a great measure leuewed, in some j arts at least of this Province, more especially in some parts nouer to Auckland. It did not appear within the mere immediate control of tho polco that any of the natives hid been guilty of any crm?. So far us related to tho calendar before tiie Supremo Couit-, there appiiired to bo a very considerable diminution of crime. Last session thero were 51 cares set down for trial, on this occasion there are 26 cases. L can als > congratulate the Province on the circumstance, that the crimes themselves are comparatively of a iight natuie, the great majority of them being ordinaay cases of larceny. When one considers the lubits if drunkenness that prevails so commonly amongst a section of the population, one is only surprised that there should be so few cases of larceny as are now brought- before us. There is not one case of stabbing or felonious w. Un ling, nor any of those acts of atrocious violence accompanied by cruelty, or other aggravated circumstance ot' a violent character. There were two charges of robhry accompanied, with a cortiiin amount of violence, lut the violence deposed to "- 1 as comp iratively slight. I think we may / tluiefore rejoice at the fact that crime is diminishing, for the increase had at one time been so rapid as to. make it almost impossible to keep paco with it. Thero is a subject to which I would draw your attention, for it is one to which I have previously directed your notice aa Grand Jurymen. I to tho state of our gsoi -accommodation, and I ullud to this subject the more readily having been the poison who once made some stringent remarks upon the c ndition of our gaol system. I visited the gaol at M uat liden yesterday, and I Was not only gratifijd but astonished at the great enlaigemonts and improvements that havo been made ein. e L list spoke of the subject. It is trua that the enlargements and improvements that havo taken place luid become necsnry m conscquenca of the increase in tho number of prisoners, which had to be provided tor. I believe that from the month of January, 1564, to tho first of January, 1865, tin-number of prisoners received in the was three hundred anl nine, whilst the number admitted fr.m the Ist of January, 1865, to the 2>ud of Novcmbor, 18(>5, el veil hundr- d and twenty-seven prisoners have been received into that gaol. Therefore it was ne essary thit there should bo great enlargement, and that "the demand for increjsed accommodation should have been acoeded to At the present time there are 40 men in the et'.ckadc under sentence of pen il seivilude. You will pe'eive that if these men who have been sentenced to penal . ervitudeare not to bo matured for fiesh crime when they shall come out, they must bo provided with separate cells. Some of the cells in tho Stoekade, which I visited vest-erdav, h tvo admirable ventilation- In tho older ..ells the ventilation previously provided for had boon greatly improved. Indeed tho whole ventilation in the gaol had been improved. It was a c msoling sight to sec, in I- okirg over the provision had been made to preserve the heahh of the prisoners. There were 160 men imprisoned under sentences of hard labour, a large body of men to bo governed, punished, and reformed. r -si f-males confined in the pri;on, aud only l-> debtors. The females, I may observe, are well provided for, they have large ami well-aired rooms, aud also a good ailing ynrd, and are kept entirely distinct uud separated from any communication with the other sex. ' They are under tho charge of a lady who nppoars admirdblv qualified for tho position, and who gives up her whole time to their im| rovcnic-nt, as well a? to the dischargo of tho ordinary duties of her oflice, so that tho treatment of this class of criminals will not bo any longer a matter of ditliculty. The debtors we may anticipate will become fewer. Tam not without the'hope that the timo is approaching when we will have no snch thing in this Colony as imprisonment for debt. By an - A ct which has recently been passed, and which is one of the few that I have been ablo to obtain, there are certain p-ovisions made for the cases of debtors, and I trust that the Judge of the Suprome Court will bo in a position, upon sequestrating an insolvent person, to give the debtor his discharge, so that he will be punished only lor a pctial ottence, such as fraud, and not any longer under the ordinance for debt. If, therefore, tho debtors should be discharged from this prison, there would he accommodation for other pnione:a who might alterwards be received into the gaol. The solitari ce. s are also gre-tly improved. In one or two into wll,c [ entered, their occupants having been t iken uu '>' was perfectly sweet, thus affording an exc.-llent of tho condition in which prisoners are u .d' i' worst circumstances confined. In no we was tlier more light admitted than necessary and the nature and character of the place required. Tho day r . 001 " are all spacious, and ttie hospital ac:om:m>(lation 1 voiy fair, but this I was informed was t.bout -o removed into a bett.-r situation. I think these <? tails are the best t-estimory that can be 1 / urU ', 1 ?„ of tho conduct of the establishment itself am state of ilia prisoners undergoing punishment- J-' was only one man whom it was found nec'-s.»ar_ lay in bed, aud he was Mifle.ing from a i henma ic affection, the result of long previous exposure < that persons were in the hospital, thus showing j- ' J . i, that any illness which might- exist was not" r • table to the defective arrangements of tho I itself. I liopo it may not be considered out o ] ■ on my part that 1 should have mentioned matters, but they are for the m-.st pait rfet-il. aro open to comment. I believe tho whole . - arrangements aud improvements were wor under the supervi-ion of the gentleman / fill.-d the otH-J <'f Superintendent ot this 1' ' and I nm assured (.hat thero will be nomx hibited in lnakiu- tho place sail ra»ie com! adapted to its purposo. Tho e im,.n.vemcui add arc not all th.it requires to be done. J - - mftiaa mush MSrt) »6 hs i L ' " "

"" V OT3WP Bflt a P firt ' t,l(>ra aTO 110 0T pisce O' ftn( j a f ow of tho priaonera complain that sufficiently warm ; but I would be the c '°.details if I wore to pursue this subjoins in" "^r e mugt :i5 y e t regird our prison a 9 a j e ct fart. spedil int well enough adapted for its (jjinporsn • F j- t however, still impracticable to ionip orar T': a classification of prisoners. I effect any- 0 youth who had been brought found in g "Court on two occasions— before ' o ( tj-Mitiol birth and education. I s • T . ou ] ' rn with adults who wcro stoepod found M t | lore f oro to be greatly lamented that in Cl } roe :,, TP „o means of effecting a classification no shou g ut where so much has been ef°f P n ' 0 rov eneiit, °n° cannot help restiug upon , j o ij- er y otl nly congratulations upon Ilouk forward with hope to the estv'v' -n't of a 'till moro effeetivo gaol svstom than ft" hioh at present exists. This is the only matroh I hsro thought it necessary to obserre to ter win . fonnc ,.tion with the criminal lfiw, and you U P^.^ Tou > 0 f the punishments thereunder, to if-?nh'n»M i' P ro P f;r to direct your attention, i 'ready you the business is light. V wiH tirni with your experience flint it raises 1° m .jtions of fact, and no points of law arise !!! vXh I think it necessary to give you any charge. T 'II leave von to deal with tliom therefore as quesf l of fart' There aro several cases which I might deTav von in king to you upon, but only four of tT j -> I consider containing any peculiarity to wluch I ?honM c-iU your attention. You will find that ti,„M arc two charges brought against a man under tip Debtors and Creditors Act of ISB2. This is, I Lfrve the first instance of a similar charge having , " j u „ ar r.,.j. The pri on D r is charged under the .Cth «nl eighth subsections of the forty-secoud section ofthe lVbfrs and Creditors Act of 1562. In one of the indictments ho is charged with having frauiuli'nt'.v mortgigcU a certain portion of his -t«te und*r eircunis'anccs which it is alleged bring th ~ nw<"»ng of . ,he Ac '- J s,ull nd t ! > vou the clauses unler which this indictment ii preii'rred. Uvthe 42nd section debtors are declared to become cuiltv of misdemeanour in doing certain things, or in omitting to give inforuiat : on, and liable *o three Tears' imprisonment. Tho sixth sub-section '•ates t"'iat if 'be debtor " sh ill, after the petition is prewired, with intent to cmci al the state of his affairs, or to defeat the object of this law, con 'eal, prevent, or withh dd the produc'ion of any book, deed, paper, wri-ing, relating to his property, dealing, or atiairs, he shall be guilty of a misdemeanour," and so forth. The eighth sub-section —it is enacted " that if within the like time he shall, knowing that he is* at the iiai ? u«abla to meet hia engagements, frau -hilentlv and with intent to diminish the sum to be divide.! amongst the general body of his creditors, have made away with, mortgaged, encumbered, or charged anv part of his property, of what kind sierir, or if he shall conceal from the Court, or from the trn-tee or person concerned in the manage ment of the'-state, any debt due to or from him, he thai! also be eh ivir-abV- with a misdraaeanour." The fifth sub-section of the 42nd also states that the insolvent shall be«f!able' to such penalty " if ha shall, with intent to d->fnui wilfully and fraudulently omit from hi' petition "r sell'dub any effects or property what,vV(,r." You will find that this person was before the Supreme Court, and that between the time alluded to in the Act and his petition he had become guilty of this offence under «he statute. There will b> some evidence brought of his keeping out of the schedule certiin portions of his estate, and whether he did that wilfully with iutont to defravl his creditors will remain a question for Tour considered in. There will be evidence of 3 deed of mortgage, but the value of tho evidence -jrill depend m-ica upon the deed itself. There may be evidence of the of mortgaging a portion of his estate, but whether he did so knowing that he was at the time unable t> meet his engagements, it will still remain whether did thia fraudulently and with the intent of diminishing tho sum to be divided among the credito-s. You will, therefore, gent'emen, apply your own common sense to the facts, and determine. There are two other cases. I will only allude to them so for aa mar be necessary. You will End that a man ia charged witli feloniously delivering a certain letter to extort money. There would be evidence of a dispute as to whether 7>fr. Collelt was the particular master to whom he bad to look for hia wa»es. Aa to the liability of these wages, there would be evidence that Collett dismissed the accused from the works, and these considerations would be the more important for the Grand Jury to entertain in determining the motive itself with which the letter was delivered, if delivered it was. The language of the Act is very general, and is to the effect that i f anj person shall " deliver, send, or cause to be delivered any letter or writing demanding of any person monoy with menaces," &c., ho shall be guilty of a certain offence- You will not have to try the merit of the dispute as to the wage 3 ; you will rather look to the document itself when produced before you, and the facts attendant upon the delivery of tho document, and see whether it amounts to a demanding of money with menaces by the accu-ed aod wilfully and knowingly so doing. You will probablv find that the depositions are eo taken that it: tales time io find out what the precise charge is that is laid against the prisoner. In addressing the Grand Jury the Judge is sometimes at a loss - to know how to charge them from the deficiency of caption to the depositions. The accused is here charged with demanding this money without reasonable and probable cause, for the accused might still be guilty of the o'Tence against the statute even though the charge he makes against Mr. Collett might be true. If you wish to have a ropy of the Act under which the prisoner is indicted you will obtain it, and read it carefully, apply your common sense assidnoualy to its language, and also to that of the indictment, in order to det'-rmine the guilt or inno'ence of the prisoner. There is another ense in which, from the want of caption to the depositions, the Judge is at some loss to di-cover the precise nature .of the offence imputed to the prisoner. A person occupying the p sition of a postmaster was in the habit of receiving letters in the ordinary course of business, and is suddenly discharged from his office and another person is put in hia place. It is asserttd that he had received money to stamp the letters that were posted with him- When he wa J charged the letters were found in a bag unstamped ; aH whether, by not having stamped the letters, lie laid himself open to a f-harge ','f secreting the letters, may he a qne=tion as to whether he detained the letters within the meaning of the Act. I will refer when dealing with this subject to the actual language of the Act: " If a person shall for any purpose secrete or destrov a post letter, he will be guilty of felony." It will be a question whether this person has been gnilty of secreting a post letter for £*.ny purpose whatever, that purpose being criminal. Hy another section of the A<ct, it was enacted that if an)' per'on shall wilfully detain or delay a letter, he shall he guilty of a misdenmeanor, and upon conviction, will te subject to certain punishment. Here I may that I do not know how the charge will be brought from the deficiency of caption to the depositions, and the Judge ought not to receive the indictment before it has been returned by the Grand Jury. But you will see, gentlemen, whether tlie>e is such evidence to estibli-h the charges preferred in the indictment either that he secreted or that he detained the letter. Yon will see whether there is any charge of stealing the po-tjge-stampa. I am not aware but that there is evidence of postage-stamps hiving been t&len from letters, but that is a question with which I think you have no need to trouble yourselves. There is another oagf», namely, fi charge of rape, which will require more of your attention, the charge oeing somewhat unusual, 'ihe charge, as supported' by the evidence, is by no means plain, rllin Honor narrated the circumstances of the case with great particularity.] In this case the prosecutrix had gone with the accused persons to a public house ; she hud proceeded with them in a direction fhe opposite to that in which her own house was situated ; she was Dot alleged to h L'.'e been drun'r, and no cry had been ■ "vL* C '^ e night hv the police who were in the neighbourhood. But. whether she were one of the UT ™['Py persons who obtained their living in the S; . night, the law would still protect her. -'ie jury wuuld consider whether there wus in this pase sufficient evidence to sustain the charge. There i? 0n V one other subject that I wish to bring before t Id ,Tur y- An Act has been passed, I am 0 a, to enable the Grand Jury to swear witnesses themselves. Those of you, gentlemen, who [ of the General As embly, must know ill e f 'ban I can the nature, and object of such an |\! .-f.' 1 - bas been passed, as you were, in all proba- • ' •' P r esent when it was .discussed. It is of r'inn; to know whether it ia imperative th" ™ w itne-fes should bo sworn before ti/i nl * Jury for any mistake every o ff w p"ld be a mistiial. I have sent to the C ?, 01 hi' Honor the Superintendent, to inquire ether any such Act bad been received, or whathw sraafcon could ba obtained respeuiiag it. Mt."

Carloton had sent a noto back, stating that there worn so gres.t a nambsr of Aots passed at tho end of the session, that ho could not up oak positively. Perhaps i you, Mr. O'Neill, jould inform tho Court, whethor ! any such Act has boon passed. Tho foreman said ho could not say positively that thero was. Ho had boon compollod to loavo in consequence of illness threo or four days before the closj 1 of tho session. I Mr. Watson Bain suggested that tho oath might bo administered by tho Court and tho Grand Jury. : Mr. George Graham said that tho Aot reforrod to 1 if it had passod was simply is his opiuion an Aot om- 1 powering tho Grand .Tury to swear tho witnesses. 1 Tho Registrar was directed to make out a form of oath, ind the Grand Jury were dismissed to thoir pri- \ vato room, to consider thn bill3 brought before them. * Bins 11KVOUE THE GRAND JUUY. ] Tho foroman of the Grand Jury onterod tho Court . several times during tho day with returns. TRUB BILLS. . Trjuo bills were found against Jiunes MitchoU, for stealing from tho pi emises of Mr. F. H. Lewisson, j valuo £26; C F. Bellew, horse-stealing; H. ( McChaghy, stoaling from premises; H. Warnicko, , stealing from dwelling ; Ellon Allwoll, stealing from £ tho premises of James Reilly; Isaac Robinson, steal- j ing from premi-osof Adam Chisholm ; Chs. Holland, , forcibly entering a dwelling and robbing Carroll at the prosecution of John Quinlan and another; Alfred ( Martin, stealing from the premises of Thomas Powell; John Lynch, stealing a watch from John f Connell; Lewis Brigjs. stalling from tho Roso Ann ; , William Heth, Thomas Simon, Alexander Lynch, for £ rape on the porson of Mary Stewart; Thomas Chanley, stealing from tho ship Andrew Jackson a set of ( china belonging to Rose Anuo Riiloy; Patrick Doyle, horse-stealing; Henry Harris, being a» insolvent, with mortgaging property with intent to dofraud— two bills. NO BILLS The indictments preferred against tho following persons wero ignored by the Grand Jury:—Henry Dillon and Hiram Travers, sts'aling from the por- ( son; Georgo White, charged with demanding money ; by menaces j Butterworth and Ilaytor, charged with larceny, assault, and robbery; Robert Leary, ( charged with obtaining money undor false pretences ; William charged with stealing from tho pro- , mises. 1 LAHCF.N'Y. t Henry Warnicke was charged with stealing a gold ( wat ch and chain, the property of Andrew Rojinson, ( of Cambridge, on the Waikato. Mr. Brookfield conducted ihe prosecution for tho ] Crown, 1 Tho circumstances of thi -J caso were rcry brief, j Tho prisoner had been invi'cod to join a wedding { party, lie got drunk and took tho watch under the ] following circumstances: — ] Sergeant-Major Mollov deposed: I know the pri- { soner. I arrested him on this chargo. T had some j conversation with him when I arrested him. 1 had E gone to his liou«e with aso >rch-warrant. I told him c that I should have to search tho premises. He said r aftcr a fow minutes that he could get the watch. I had not previously mentioned the w-ateh to him. I ] went to a drawer in his dweliing-liouse and ho give 6 mo the watch and chain whhh I produce. The pro- , seeutor w;is with me when I went to make the search, f Tho prosecutor identified the watch and tho chain in -j the prisoner's presence. The prisoner made no do- j nial of tho charge. ji The prisoner declined to a=k the witness any qaestions. . I Agnes Teresa Robinson deposed : I ain tho wifo ,] of Andrew Robinson, residing in Cambridge on the ] Waikato- I remember being in the United Sorrice ( Hotel on rui evening in last September. I know the a gold watch and chain produced. It belongs to my j husband T missed it. It had been previously in my c bed-room. I missed the watch and chain on the loth j September. I saw it on the 14th. Tfiis is the watch s and chain which I missed and which I after- j wards saw in the possession of the police. Tho prisoner having been called upon for his de- ( fence, said he was anxin;- by a plain statement of c facts to inform the Court, and jury of tho circumst \nces of this charge and what had le 1 to it. Ho E sail that he went into the United Service Hotol, and j met a gentleman at tho bar who said thero was n. ( party upstairs, and invitsd him to join in the festivi- , ties. He did so, and got very drunk. He did not 1 remember leaving the house, and know nothing of g the possession of the watch until his wife drew attention to the circumstance the following morning. He t did not impugn the te-tim jny of the witnesses, and he bagged to ha"d in testimonials to character. Flis Honor said that only sworn testimony could go to the jury. Prisoner said that soveral gentlemen had promised to give him a character, but ho did not see them proBent. The jury, after a short deliberation, found tho prisoner yuilty. The Court, after a feeling admonition, sentenced him to six months' imprisonment with hard labour. STEALING- FROJI PEKMIBK3. James Mitchell, 42, a watchmaker, was charged with stealing a gold chain, value £10 ; an opera glass, value five guineas; and two silver watches, valuo 11 guineas, the property of* Mr. F. H. Lewisson, watchmaker and jeweller, Quoen-stieet. The prisoner pleaded guilty. His Honor asked the prisoner if he had anything to say in his defence; to which he replied, " nothing that will do me any good, but I should liko Mr. Lewis?",i! rpeik as to character. 1 ' Mr. F, ii. Lewisson, Eworn, deposed: Tho prisoner was in my employ about three months to ropur watchcs, See,. I know him to be a firat-class workman, and I was payiug him at tho mte of from £1 to £5 per w<iek. I thought he bore 0 very good character. I would, your Honor, recommend him to mercy. I think hebroughtit all on himself through excess of drink. I knew nothing wrong of him before. His Honor, after severely admonishing the prisoner. sentenced him to two years' imprisonment hard labour. I.ATICI'.N'Y. Ellen Alhoell, 33, married, was next placed in the dock, charged with having stolen from James liiley a silver watch and chain. Prisoner was also c-narged with a previous conviction for larceny at Onehunga. She pleaded not guilty. The prosecutor, James liiley, was sworn, anrl deposed that he knew the prisoner. On the 21st September last she came to his houso to tea, and they afterwards went to bed together, and upon her leaving at eight o'clock that night he missed a watch and chain from his bedroom. Upon going next day with the policeman to her whare, they found tho stolen property hidden under the pillow of her bed. She was th<-n given into custody, and committed for Constable McCaffrey corroborated the above evidence. A verdict of guilty having been returned, His Honor briefly summed up, and she was sentenced to eight calendar months' hard labour. STEALING rilOM TDK I'ERSOK. Henry McLarjhy was charged with having, on tho 24th September last, stolen from the premises of Thomas tteid, Waiuku, £11 in notes, tho property of Mr, Glass. Archibald Glass deposed that ho was in the employ of Mr. Reid, Waiuku, and so was the prisoner, in September last. They slept in tho same room. On the 24th September he went to Drury, leaving £13 in his room under tho pillow of his bed. Upon his return it was gone, and he taxed tho prisoner with taking it. At first ho denied all knowledgo of it, but upon°reporting the affair to Mr. Reid, ho said he could get the money if no further steps were taken. Mr. Reid then sent to the police, and in the meantime prisoner refunded eleven £1 notes corresponding w'th the money prosecutor lost. Prisoner was then taken 'nto custody and prosecuted. Mr. Reid "ave similar testimony, and at tho conclusion of his examination gave prisoner a good character as to honesty, &c. , That concluded the cass for the prosecution, and after his Honor had summed up, the juiy found a verdict of guilty, and prisoner was sentenced to 12 months' hard labour. For the defenco prisoner said ho only took the i money for a joke. 1 STEALING A WATCH. John lynch, soldier, was charged with stealing a 1 -y a »eh from John Connell. ' Ho pleaded not guilty. , John Connell deposed that he missed a watch from 1 his hut in the Barracks, and next saw it in tlio pos- " session of a person at the Odd 1' allows Arms, C-han-f eery-street, to whom the prisoner had sold it for 3 l^.g. 3 'Richard Wilson deposed to having purohnsed the 7 watch from the prisoner at the Odd Fellows Arms, 0 and afterwards handed it over to the Military * Prisouor was found guilty, to lix r, ~ months' h«d iflbonri

HOUSE BTBALING. Charlts Bellow, soldior, was charged with stealing a horso, tho property of Johu Wrigloy, on tho Gth September last. Ho pleaded guilty to taking tho horso, but not with a foloniom intout. Tho toll-collector at tho Nowmarket gate deposed to having stopped tho prisonor on tho evening of tho Gth Septombor, from frying through tho toll-gato; ho was riding on a por./ belonging to Mr. Wrigloy, and S lid ho was going "to Otahuhu. Upon finding he could not got through, prisonor dismounted and ran uway, and was afterwards apprehondod in a field closo by, whero ho was ooneealcd. John Wrigloy, tho ownor of t'no horso, doposod that prisonor took tho animal from whoro ho fastened it at the verandah, mounted it, and roda away. He boliovod that prisoner took tho horsi with tho intention of liding to Otahuhu to soo his wifo, and send if back noxt day. Constable] Olarko doposod to apprehending tho prisonor. In dofenco, prisonor said that ho had boon 12 yoars in the sorvico, and it hid been tho only fault entorod against him all tho time, and said ho was under the influence of driuk whon he took tho horso, and had no felonious intont to steal it. Ho also handed in a certificate of charactor from tho commanding officor of his ro?imont. His Honor haviner summed up, tho jury roturnod a verdict of not guilty. His Honor, in discharging l-ho prisonor, severely admonished him, and bogged him to warn his folio n'mon against tho practice so common now amongst soldiers of talcing horso* not belonging to tli3m. Tho Court then roso until Monday morning, at 10