SUPREME COURT.

New Zealand Herald, Volume III, Issue 720, 6 March 1866, Page 5

SUPREME COURT.

CItIMINAL ASSIZES. Monday. (Before His Honor Sir Georgo Alfred Arney, Chiof Justico.) His Honor took his Beat at 11 o'clock. THE WirWBIIA MITr-DKH. Joseph Henderson, who was charged with thi3 muri der, and against whom no bill was fouud, was formally discharged by his Honor. EMBEZZLEMENT. Richard Feltus, who pleaded guilty on Saturday last to having embezzled certain sunn of money, the property of his employers, Messrs. Ridings and Bowden, was brought up to receive hiß sentence. Mr. Beveridge, who appoared for tho prisoner, regretted to say that he was unablo to produce any certificates relative to tho formor character of the prisoner, as those to whom he applied stated that thoy were disinclined to interfere in the matter. Ho would, however, produce several witnesses who could speak to the prisoner's formor character. Archdeacon Lloyd deposed that he had known the prisoner for thirteen yoars. In his early years he had considered him a youth of much promise. Whilst in Mr. E..King's store he had frequently inquired about him, and Mr. King had always expressed himself as satisfied with him on tho wholo, and said that he was a youth sure to get on. He (tlio witness) had lost sight of the prisoner for the last few years, since tho war broke out. Lieutenant-Colonel Kenny, Quarter-mapter-Glone-ral of the Colonial Forces, said that the prisoner had beon employed in the department of which he had charge during the years 1863 and 1864, having held ' an office of Bome trust. He had been in Mr. King's Btoro in Papakura whore ho had a great deal of public property under his charge, and he (the witness) had never heard anything unsatisfactory respecting him. Captain 0. Mitchell, of the Auckland Volunteers, deposed that ho had known the prisoner from his birth, and that ho had hitherto borne a very good i character. » Mr. "Wynn said that bo appeared on behalf of the i prosecution to ask his Honor to deal as leniently with the prisoner as was possible. , Hia Honor, in sentencing the. prisoner, said that the case camo -before him. certainly under somewhat mitigating circumstances, tho books of the prosecutor ' had boen kept in such a loose manner as to offer every facility for. the committal of an offence of this 1 description. In'considering the mitigating cir--3 cumstancej attending the case, and the testimony of ' those gentlemen who had given ovideifce 'iu favor of 5 the charaoter of the pri»o'Uer, ha considered that he «h«uld b» tuitl£#d ia p&isi£| upon him u l«tti»nt a

1 sentence as would bo compatible with tho ends 01 ) justice. TTo ahouid deal with this ciso therefore a3 u simplo larceny and firct conviction, and would son- ) tenco tho prisoner to 6 months' imprisonment with hard labour. The prisoner was then removed. , thtj otahuhu tbaoedv. r His Honor intimatnd that he should ba prop&red tc f Stack's case on Wednesday morning next, at 10 o'clock. BAPS. ( John Hcmcood, a lad apparently about I t years of p age, was arraigned in tho dock charged with committing the above offence on a child under 9 years of age, named Elizabeth Francos Jackson, on the oth of December, at Pukaki. The prisoner pleaded not guilty. i Mr. Wynn appeared for tho defence. Elizabeth Jackson, on oath, deposed as follows : • I remember the sth December. I wont to fetch my father's cowa on that evening. It was about sundown. I going to Pukaki for the cowa. I saw John Heuwood. He was in a dray whan X first; saw hiin. Wm. Cox, Mr. Coopor's. boy, Was with him. ' The prisoner got out of the dra!y rind followed me down from Pukaki. Thero were houses hear. Tho prisoner overtook mo. He placed his hand on my shoulder, tripped mo up and throw mo down. X shouted, and ho said ho would kill mo if I did so again, and pulled his kuife out of his pocket. The knife was shut, he did not opon it. I shouted, and ho caught mo by the throat ami Biid ho would choko nie. Ho squeezed zny throat pretty hard and blood 0 ime out of my nose and mouth. (Witness detailed the committal of the offence, the particulars of which are unfit for publication.) After committing the offence the prisoner wont down tho Pukaki road, anrl 1 vrent homo with tho cows. When I got home T told my mother what had happenod, and she examined mo. Tho clothes produced ore those I had on when the offence was committed. I have known tho prisoner for eight years. Cross-examined by Mr. Wynn : I was ton years of age last Wednesday. Tho prisoner came out in the samo ship with me. [The witness was further crossexamined, in order to show that the stains on tho clothes was produced from tho' bleeding of her nose or month ] William Cox, servant in tho employ of Mr. Ooopcr, deposed that the prisoner had ju nped into the cart he was driving, just opposito his (tho prisoner's) father's house, and had ridden with him for about half a-mile further. Witness had got out of tho dray at Mr. Nicholl's liouso, and the priaonor said that he would wait for him until he came b'n:rk. When no came out tho prisoner was Hot thero, but ab'ont iivc minutes afterwards he saw him walking ahead on the Mangavei Road. Witness did not continuo along the Maugarci Road, but turnel down to Mr.Cooper's Previous to stopping at Mr. Nicholl's they had passed the prosecutor about jiro minutes. J ssv Helen Jackson, the mother of flio prosecutrix, deposed that the child was betwoon nine and ton years of age when the offonco was committed. | Had examined tho child and found marks of violence on her porson. Tho child had subsequently boea einminoci by i: doctor three days afterwards. Arthur (i. PurchaS, a monber of tho Royal College of Surgeons, England, no# practising at Onehunga, deposed to tho chil l having been brought to his house for examination on the 7th December, by her fathor. Had examined her and found evident symptoms of the ofTenco having been committed. Joseph Hastie, a constable in tho Auckland Polico Forco, deposed to having apprehended the prisoner. This closod the case for the prosecution. Mr. Wynn for tho defence, spoko at some longtli contending that there had not been satisfactory evidence adduced to prove thcit tho offence had actually been committed. His Honor addressed the .jury, who without retiring from tho box, returned a verdiot of guilty, with a strong recommendation to mcrcy. His Honor naked Mr. Justin, the assistant gaoler, whether there was any convcni»nce for placing this lad in a coll by himself, as it was imperatively necessary this should be the caso, otherwise it would be more merciful for him to intfict a penalty of penal servitude, which was heavier than ho was desirous of inflicting upon so young a lad. Mr. Justin said that thero was no convenience at present for placing the prisoner by himself, but there would be in a few days. His Honor then sentenced the prisoner to two yoars' imprisonment, with hard labour. HBEACII 01' TBUST. Jlemar/l Mclaughlin appeared to answer the above charge, tho particulars of which were given on Saturday. Mr. Wynn appeared for the prosecution. Before th© proceedings commenced, the prisoner made a statement to tho effect that, although still very ill, ho had appeared, rather than remain where he was for another three months. All his property hrid beon seized sinco his incarceration and ho was actually without tlio meaus of employing a lawyer. Hi'i wifo and four children had been left to actual starvation. Thero was moro in the caao than his Honor was aware of. His Honor instructed Mr. 13 rook Hold to watch the case on behalf of the prisoner. _ Tho prisoner was accommodated with a chair m tho dock. In coneenuonce of one of the witnesses, named Archibald Gavin, not appearing in answer to his name, this caso was farther adjourned. FGBQINO AXl> X'TTBRIN'Ct. Stephen Itarnc appeared cbargod with the above offence. The prisoner had been previously arraigned on Saturday. Mr "Wynn appeared for tho prosecution. The circumstances attending this case were that tho prisoner had boen employed in conveying loading by boat to the breakwater, for each of which loads tho foreman of tho work, T)aniel McTiOari, gave a siguod reci'int. Tho charge against tho prisoner was for forging certain of tMoso receipts, by which means ho obtained payment for loading that had not been dolivered. Daniel was tho first witness called, and he proved to certain receipts handed to him being forgerios. , ~ Charles Richards, a clork in tho employ of Mossrs. Butt and Anderson,' deposed that tho prisoner had been employed by tbo firm to convoy stores from the old to tlio now breakwater. On production of receipts signed bv tho last witnosa it was customary to pay for tho work that lind boon porfornicd' receipts handed to him had boen paid. Ihey bore his mark. - John Butt, one of tbo firm of Butt and Anderson, corroborated the ovidence of the last witness. Daniol McLean, recalled, was examined by the prisoner: Used to copy tho number of loads you brought during tho week out of my book and give you a receipt for them on Saturday, but I did not give you a receipt for each load, as brought. Ilie loads were marked down in tho book as delivered. This closed tho case for the prosecution. Tlio prisoner made no defence. His Honor having addressed the jury, a verdict of guilty was returned. His Honor reserved sentence. Tho Court adjourned at live o'clock, until ten o'clook this day.