SUPREME COURT.—Thursday.

New Zealand Herald, Volume III, Issue 647, 8 December 1865, Page 5

SUPREME COURT.— Thursday.

CRIMINAL SESSIONS. (Before Ilia Honor Sir Q-, Arnoy, Chief Justice.) His Honor took his seat on tho Bench at 10 o'clock. DETAINING rOST I.ETTEBS. T/icodore Ktclc, Into Deputy-Post Master at Cambridge, Waikato, wan indicted under threo distinct counts for detaining 'ottors contrary to tho fvrm of the statuto. Tho ovidonce in this case rccited the aamo facts which wero doposod yestorilay, when tl»o prisoner was oil his trial for feloniously secreting, but tho averment had rotation to three letters, ono addresaod to a person named Arrow, another to a Mrs. Lovedalo, and anothor to a Mrs. Francis.

Mr. Brookfiold put in a Gazette containing the prisoner's appointment. Constabio lYoonan doposed to taking tho prisonor into custody. Patrick Francis Smith gavo evidonco as to finding tho letters in a bag bohind a box.

Both witnesses deposed to seoing tho prisoner act as Postmaster.

In cross-examination it was elicited that tho Post Oflico was used as a storo for aecou'renicnts, Us a Church and Sunday-school on Sabbaths. Tho noneffective men used to come thero for arms and accoutrements on muster days, but on re-cxaminat.on it was elicited tho persons having access to the placo could not reach wliero tho lottors woro kept, as they wore in a box with pigeon holes, which box was laid on a sliolf, the pigoon liolos on Sundays being placed towards the wall. Wm Francis identified tho letter addressed to Mrs. Frnnois. It was deliverod to tho prisonor for transmission to Engl ind. It was postod somowhore about tho 20th of September. It was given ba>:k to witness on tho 17th of October.

Albert Win. Lovedalo suid he posted tho lettor addressed to Mrs. Lovedalo, Old Dover Road, Canterbury, Kngland. Ho paid tho prisoner 3s. id. for tho letter to go to England via Marseilles. Witness got tho letter back on tho 17th of October. John William Milner, who had been a witness beforo tho Grand Jury, was called but not oxauiincd. The prisoner declined to ask any questions. His Honor summed up the evidoncc, pointing out tho nice issues depending upon tho wording of tho Act, leaving, however, tho facts proved to tho jury. His Honor said that this was a class of prosecution requiring the greatest caro and the nicest discernment in the forco and meaning of words. Tho jury retired at ten minutes past ono to consider tlieir"verdict. They did not return into Court beforo three o'clock, when they brought in a verdict of "not guilty," adding that the conduct of the business of tho oflico seemed in the opinion of the jury to be so loose as to olfer a temptation and an inducomont to poisons like the prisoner to commit the oflence of which he stood charged. The prisoner was discharged. nonilKKY FtIUM Tll3 SCHOONER UO3E ANN'. I.ewis Jiriygs Wiis indi.-tcd for stealing fivo Crimean Bhirts, three cotton s !, irts, two pair of blankctn, ono jumper, the property of Sir. Heath. Richard Sanderson, a constabio in tho Auckland polico, deposed : I apprehended tho prisoner on the 11th November at tho Wharf Hotel. I took h.im to tho guard-room. I searched him and found upon him a shirt (cotton) belonging to tho prosecutor. I do not seo any initial letters upon it. I ioun't a handkerchief, which I producc, in his pocket. I havo known Heath, tho prosecutor, since those occurrences. He was present when I searched the prisoner, and idontided the articles taken off tho prisoner. I searclicd for other property in Fort-street. 1 had reason to beliovo that ho lodged ill tho liouss adjoining. I found tho following property —two cotton shirts, five Crimean iihirts, one b.ue sorgo shirt, a pair of trousors and a jutnpor. I wont to tho ;aouso where tho prisoner was supposed to lodge, and found tho blankets concealed under somo firewood that was under the staircase. The whole of tho property has been identified by the prosecutor. Wm. Heath, deposed: I was formerly cook on board the Rose Ann! schooner. I was employed in that capacity on the sth of November laßt. I know tho prisoner from seeing him mostly on board tho vesßel. I had several articles of propori,y on board tho vessel. I missed tho property on the following Tuesday. I had fire Crimean shirts, 3 cotton ones, a pair nf trows era, a sergo ehirt, n jumper, and two blankets. A few days after I missed tho articlo3, I went into the Whatf Hotel, where I saw tho prisoner with ono of my shirts on. I can identify it from tho way it has been hung up in tho rigging, also by a slit button on tho sleeve. The rope yarn is still on it. It had been hanging in tim rigging before we came into tho harbour. Tho handkerchief belongs to me. I know by tho way it is torn. I bought it o(T Mrs. Bruca in Queen-street. I was present in the guard room when tho prisoner was searched. AH thoso things were taken from his person. 0?hoso blankets are mine. I know them by a li"lo in one corner of one of them where the rats had boen. Thoso blankets bare been in my possession ovor threo years. I havo boen in the habit- of constantly using them for that timo. All the articles produced are mine. They wcro found on a spiro allotment ; n Fort-street. I believe tho prisoner lodged thero. The spot was near Mrs. Lyncli'a houso. In cross-examination: Prosecutor said ho brought thq cotton shirt at Plymouth before ho camo to Now Zealand.

Anna Maria Lynch deposed : I am a widow i.-esid-ing in Fort-street. Ho lodged at my house. Ho slopt two nights at my liouso. I havo never seen him since. I cannot say when it was. I know no thing about the theft. I cannot say whether it was a month or a week ago that he lodged in my house. It was before he was taken on account of tho clothes.

It transpired that this witness had recently had a soverc accident, by which her memory had been greatly impairod. The prisoner said that he had purchased the Bliirt at Liverpool. That ho bought tho blankets at Valparaiso. Tho prosecutor had left him in charge of tho 6hip, which he would not havo dono if ho had known or thought him a dishonest man. It wos unsafe for anybody to go on board the Bchooner Rose Ann, for'thfro were two fierco bull dongs on board, which would tear a strangor to pieces. The captain of the Rose Ann had offered to pay him his wages, but he (prisoner) told tho captain that ho had beon paid, which was a proof of his honesty. Tho prosecutor was recalled and entered into a minuto account of purchasing several of tho articles from a Mrs. Bruce. Ho sworo positively 10 tho blankets being his. Ab to the bull dogs, ono was chained up and the other was in the hold. Hal not left prisoner in charge of the vessel while going to dine with a friend. His Honor having summed up, The jury without leaving the box found the prisoner guilty. > _ The prisoner was sentenced to nino montljs imprisonment with hard labour. HOBEF.ire SHOSt TUB ANDREW JACKSON. Thomas Chantey convicted yesterday of stoaling a sot of china nnd other articles, the property of Rose Aan Kidley, from the Androw Jackson, a ship "ina port of entry and dischargo," was sentenced to 18 months' imprisonment.