SUPREME COURT.—Monday.

New Zealand Herald, Volume III, Issue 644, 5 December 1865, Page 6

SUPREME COURT.— Monday.

CRIMINAL SESSIONS. (Before Ilia Honor Sir G. Arnoy, Chief Justice) llis Honor took his s«;it upon tho Boneh at 10 o'olock. msciiAHOE or prisoners. Goorgo White, Hirum Travers, Henry Dillon, and William Auglam, in whoso cases tho indictmonts wero ignored by the Grand Jury, were-discharged. ItOllllEßT WITH VIOLENCE. Isaac Robinson, a soldier, aged 25, was indicted for stealing from tho premises of Adam Chisholm, Waiheki, a doublc-barrollcd gun, valuo £6,' a brace of pistols, valuo £7, also with violently assaulting tho prosecutor, by which his life was put in danger, and stealing from his persou £14 in gold aud notes. These charges wero embodied in two indictments, tho evidence in each briug the samo. Adam Chisholm deposed : I am a settler, residing at Waiheki. I was residing there on tho 2nd of September last. Tho prisoner had boon iu my service two or three days boforo that date. Tho prisoner said ha was a fine hand with horses and cattle. I told him to get on one of tho hones that had been nearly broken in, and ho was thrown twice. When ho camo in I told him ho did not seem to know much about horses, to bo thrown so easily. T offered him seven shillings in money for tho timo ho had beon -with mo. That was at tho rato of half-a-crown a day. I had also given him a pair of trousers and a stick of tobacco. His tamper appeared to bo given way. Ho said ho would not go away unless I gavo him £3. Ho was working a stick about in his hand. I was smoking rr.y pipo by tho lire. Ho struck me with tho stick produced by Constable Livno (This weapon was a heavy bludgeon, about a raid in longthand an inch in diamelor.) I was knocked perfectly senseless. When I recovered consiio'.sne.-s 1 knew that ho was taking the money out of my pockets. Ho said at tho time, " givo mo the money out of tho other pocket also." Tho prisoner was holding mo up. The uoxt morning I missed all the money I had. At tho moment I could not tell what money ho took from ray pocket. I had at the timo upon me £13 or £14. I was very bad all that night, and next morning I made an ciamination of the premises and the property generally. Aftor tho prisoner took tho money ho said, "go and lie down," and at tho same time took down tho gun and ran out. There was another man with the prisoner. I understood that man was to havo been takon in charge, but I am informed that he took ship and went to England. The prisoner cross-examined the prosecutor at considerable length. Ho merely elicited that tho prosecutor could not say positively whether it was tho 2nd of September tint prisoner was engaged in riding tho horses. Constablo Lane doposed that ho apprehended the prisoner in Howick upon another charge. Tho prisoner made a statement when I arrested him. I cautioned him in the usual manner. He said that ho had committed a crime which ho could bo transported for. Ho Eaid that ho had nearly killed "old Chisholm, of Waiheki, and robbed him." The prisoner was found guilty under botli indictments. The prisoner was sentenced, for both offences, to threo years' impiisomnent with hard labour.

FOBCIHT.Y ENTEUINO A DWELLINO lIOUSH. C/iarlcs Holland, a soldi-jr, nged 22, was indicted for forcibly entering tho premises of Cecilia Johnson, at Ngaruawahia, and stealing therefrom articles, &c., to tho value of £5. The prisouor pleaded guilty and was sotitencod to niuo calendar mouths. HIGHWAY ItOBBEItY WITH \IOr,ENC3. Ilcnnj Cranham, a soldier, aged 23, was charged with stealing from tho person of George Ridings, a watch and chain valuo £10 Bs., tho offonco boing accompanied with violence. Mr. Brookfield conducted tho prosecution for tho Crown. Mr. George Hidings, doposod: I am a commission igont residing in Auckland. I recolloct tho night of Friday, tho 3rd of November. I was going up 3j monds-street about 11 o'clock at night. I was going up towards GilfiUan's corner. When I was near the cemetery I saw tho prisouor, who overtook me. It was a bright moonlight night. Tho prisoner spoko to me. We walked sido by sido for about a hundred yards. He suddenly turned round and Btrjck mo in tho face. Wo were walking on the footpath. Ho struck mo between tho eyes. Ho was on my right hand. Ho knocked mo into tho ditch on tho left hand side of tho footpath. That would bo tho roadside of the footpath. Ho threw himself upon mo struck me in tho face again, and tore tho watch and chain from my pocket. Tho watch produced from Sergeant-Major Malloy is the ono that was torn from my pocket, f ealculato tho valuo of tho articles o gether is about £12. Portions of the chain, tho drop and seal, havo beon brokfn away from the chain. A few shillings wero also taken away from mo. Tho seal, &c, was torn away by the prisoner'ii violonce when taking tho watch. "The prisouor ran down tho road towards the barracks. I met a policeman, and wo went to the backgate of tho barracks, and gave information to tire guaid. I waited in tbo barrack squaro while search was being made. I gavo a description of the man who had robbod mo. A young woman camo to my houso about a week sinco and gave me the remainder of the chain. Cross-examined by tho prisoner: I gavo you no money. I did not ask you back to have something to drink.

Simeon Hoso deposed: I am a private in the Military Train, and attached to the Military Police. The prisoner is a private in the same Regiment. I eaw the prisoner on the morning of the 14th Nov., at a quarter to no o'clock. I went and searched tho prisoner's b d, in conaequenco of information received from the prosecutor, and found tho watch and chain produced under his pillow. I received information about half-past twelve. There waß no information given to bo by the prisoner. I found two watches under the prisoner's pillow. The watch produced by tho Sergeant-major is ono of tho two watches which I found. I found four shillings in his sergo pocket, flo said that tho watch was given to him by a man who was sitting at tho corner of tho Kyber Pass Road. The man ho said told him that ho would give the prisoner tho watch beoauso the man was going to tako laudanum to destroy himself. That ho received tho watch from that man. Gave the watch and monoy to Sergeant-Major Molloy. Prisoner paid ho came into barracks at ten minutes to 12 o'clock. It was about half-past 12 when [ received tho information. Tho prosecutor was knocking at tho back gate of tho barracks. Tho prisoner declined to ask tho witness any questions. Sergeant-major Molloy deposed: I went to tho barracks on the morning of tho 4th of November. It was as nearly as possible one o'clock in tho morning. I saw tho prisoner in bed. I saw tho watch and chain taken from under his pillow. Tho watch and chain identified by Mr. Ridings is the same. I saw Mr. Hidings in tho Barracks' Square. His faco was covered with blood. He appeared as if ho had been badly treated. I took the prisoner into custody. Tho prisoner declined to make any defence. His Honor having summed up the evidence, the jury returned a verdict of guilty. His Honor said theso robborios in tho streota at night must be repressed, and sentenced the prisoner to imprisonment with hard labor for a term of eighteen calendar months. lIOESE STEALING. Peter Carroll pleaded guilty to a charge of stealing a horse, tho property of John Quinlan. There was a previous conviction brought against tho prisoner. There was a second indictment for stealing a set of harness from the eamo prosecutor ; also Ml indictment for stealing a dray, tho property of John Stokes. There was a fourth indictment against the prisoner lor stealing a maroj tho property of George Conlan. lhe prisoner pleaded guilty to each indictment, lhe prisoner called witnessos to character. John Aero, of Hamilton, deposed that ho knew the prisoner for four months to be a hard-working m "£•„• cai J n , ofc B P 6ak t0 °ia character. William OMearn, of Hamilton, was also called as a witness to character, and said that he knew him for lour months—know him to work hard. Know

nothing against his honesty until this unfortunate occurrence. I havo heard that ho has beon convietod twico for larcony. Mr. William Long, also of Hamilton, doposod that tho prisoner offored to buy back oho of tho horses for £15. Sontoneo was doforrod. EXPENSES OP WITNESSES. Mr. Brookfield remindod tho Court that iu this particular iustanco tho witnessos had boen at great individual exponso by going to Ngaruawhia to identify thoso stolon goods. Thoy wero obliged to do so, and if thoy, as witnesses, wero to bo put to great exponso in aiding tho furtherance of tile ends of justice, it would possibly operate as nn objection with in ny to interfering on tho sido of public justice. Tho Bcgistrar informed his Honor that a codo of regulations had beon publishod in tho GaztUt. Mr. Brookfiold nndorstood that thoso regulations had boen superseded by a circular lottor. It was lofc with tho Supremo Court to decide upon tho expenses to bo allowed to witnessos in particular cases. He brought tho matter boforo tho Court with a viow to tho subject boing brought boforo tho AttornoyGcnoral. His Honor said that boforo tho session wob concluded tho subject should bo looked into with a view to somo action boing taken upon it. OIiTAININO MONEY HY FASLB I'KETENCES.

Robert Zra> - y,agod43, was charged with obtaining by false protencos froin-Bichard itogers £1 10s. 6d. The cheque purported to bo drawn by a person namod Fitzgerald in favour of T. Hawkins. Kichard .Rogers deposed-: lam a stoiokooper, residing in Grey-street. I remember seeing tho priioncr on tho 15th September last. He was in ihy shop. Ho asked whothor I had any pickaxes. Ho selecced s. mo goods. In the first place ho selected a shovel. He oftVrod n cheque for £2 14s. 6d. in payment. Tho amount of goods purchasod by tho prisoner was £1 4s. I sent tho cheque by my son to tho Bank of Now South Wales. My son brought it back to me. In conscquenco of what my son said to me, and seeing tho prisoner go into Mills' public-houso, I followed him, togother with my son. I went in, my son stopped outside Wo went into a back room. The prisoner was with two othor men. I do not know who they wero. Thoy aro not in custody. I called the prisoner out. I "had tho chequo with mo. I asked him " what was tho of giving that chequo, you must como with me to tho bank to identify tho signature." 1 told him it was a falso signature. Ho took the choquo out of my hand and went into the room. I followed him, and asked him whethor ho had scon the party sign this. He Baid to one of tho men, "Jack, you saw him 6ign it," and he passed tho cheque to one of his companions. I havo never seen that man or tho chequo since. Tho man crumpled tho chequo up iu his hand. The two began to talk, and I said they should go to tho bank at once, or it would bo closed. 'Iho prisoner said, "Wo will go together." My son went with thorn. Henry Kogers, deposed : I am eon to tho la<-t witness. 1 recollect seeing tho prisoner at my father's shop on the 15th September. T remembor my father giving me a chequo to tako to tho Bank of Now South Wales. I took the cheque to tho bank. It was dishonoured. I took tho chequo to my father and gavo it to him. I saw tho prisoner go to the public house. My father followed tho prisoner and tho other men into the house. I saw the prisoner take tho cheque out of my father's hands. 1 saw nothing moro of tho chequo. Wo all set off towards the bank. Ido not know which of the men had tho chequo. When wo got to tho end of tho street ono said ho must go to Fitzgerald. Tho prisouor and another man went in another direction. One told mo that tho othor had tho cheque. They humbugged mo about in this manner un;il I lost thom all.

Mr; Rogers, Bon., recalled, furtbor deposed that he gave information to the police, and had been called to identify one of the men who had been takon on suspicion. Ho was not tho ono who had tho chequo. I gave as full a d'scription of tho man as I could to tho Commissioner of l'olieo. I gavo the witness for thobalanco, £1 10s. Gd., ot tho chequo. Tho goods wero ono shove), ono axe, oao plane, two blankets, and other articles, no never como for them. They wero to be put by fo.- him. Mr James Naughton, deposed: I am Commissioner of tho Auckland Armed Police I recoived information from Mr. Ilogers that ho had received a forged cheque for payment of somo goods. I engaged Mr. Roger's son, and sent constables in disguis > to see if he could point out the men. Wo brought one to tho station, but tho eon could not connect him with the cheque, livery ondoavour has been usod not only in town but in tho co untry to find out these two mon. Mr. Wm. Lynch, deposed : T am lodger keeper at tho Hank of New South Wales. 1 recollect tho witness Henry Kogers presenting a chequo at tho bank. Tho cheque was drawn by John Fitrgerald in favor of Thomas Hawkins. There was a gentleman of that name at that time who had an account at the Bank of Now South Walos. John Fitzgerald said: I am a miner, and had a contract on the Auckland and Drury railway, the other sido of the Harp of Erin. I had an account tit tho Bank of New South Wales. I never gave tho prisoner a cheque. lam not aware that I ever saw him beforo ho was committed for trial. I never gavo him a cheque in favour of Thomas Hawkins for £i 14s. 6.1., or any other sum. The prisoner has never worked for mo. lam not aware of any other person named Fitzgerald who was working near tho IJurp of Erin. Mathew "Dolaney, a polico constable, proved taking tho prisoner into custody. Ho had made iuquiry as to John Fitzgeriild in tiie town, suburbs, and country, but could not discover any such person except tho lust witness. The jury found tho prisoner guilty of uttering a forged document. A previous conviction was brought against tho prisoner, but from a defect of formality it was not proved. A certificate of a former conviction at the Supremo Court was put in, and tho conviction proved by Mr. Justin.

Tho prisoner was sentenced to two years' imprisonment.