SUPREME COURT.—Crimanal Sittings.

New Zealand Herald, Volume V, Issue 1265, 4 December 1867, Page 3

SUPREME COURT.—Crimanal Sittings.

TUESDAY, DECEMBER 3. (Before His Honor Mr. Justice Moore, and a Petty Jury.) Ris Honor took his seat on the Bench at 10 o'clock. Mr. Broolifield appeared in the several cises as Crown Prosecutor, LABCEUY George, otherwise Charles Thomas, pleaded guilty to bteiilmg a quantity of old metal, the property of Peter Birley. The prisoner waa sentenced to eighteen months 1 imprisonment with hard labor. ALLEGED BDBOLAEY. John Clunc, a little boy whose head barely reached the top of the dock, and said to be only years of age, was indicted upon a charge of breaking and entering the dwelling house of 'Ihomas Hallamore, of Onehunga, on the 12th of Npvember last, with the intent to commit a felony. Mr. Weston appeared to watch the case on behalf of the prisoner. The following evidence was adduced : Thomas tiallamore. said: I am a settler residing in Onehunga. I had been sometime abswnt from my house previously to the 12th Nou-mber lust. Whtn I r< iuriH'd J found > portion of the jjla s ,or on t e ground. When I euteLed fuither I saw two boys iu the house, who, when they saw me, endeavoured to make their escape. The prisoner is one of them. I said if they attempted to escape I would knock them down. He said he had a revolver, and that there was a person upstairs who had a case knife. I seized the prisoner and searched him, but found no revolver upon him. I detained the prisoner till the police came. Conßtable Lloyd, (Onehunga) : I was called to Mr. Hallamore's house, and found the prisoner under the counter. I observed that the glass had been apparently freah broken, and I saw the marks of feet outside. The prisoner said hecame to get bottles. Thiß was the whole case against the prisoner. His Honor directed the jury that there was no evidence against the prisoner upon the charge set out in the indictment. The only charge which the evidence would support was that of being, in • the house of the prosecutor for an 1 unlawful purpose. There was not a particle of evidence' of-felonious intent He -would therefore feel it his duty to inform the iury that there was no evidence to- sustain the charge of the indictment. The evidence only supported the minor charge with which the Magistrate could have dealt The jury at once acquitted the prisoner. Bis Honor; Is* anything known of the prisoner. : Mr. Brookfleld': Your Honor, I believe, that his father U in gaol,'that his mother does not bear a very

good character; the boy himself has been brought before' the magistrate of Onehunga three or four times. , His Honor: This is a case that would be_ suitable to send to a reformatory. Is there no institution to which the lad might be sent, for it would be a oruel kindness, bo to speak, to discbarge him. Mr. Wesson said it was disgraceful that no such institution was in the colony. His Honor: It ia the same in the great colony of Victoria, there they do n appear to know what to do with juvenile criminals. Mr. Brookfield: The prisoner is not entitled to his discharge till the end of the session, by whioh time something may bo dono. His Honor :Then let him be detained till the end of the ses-ion; in the meantime something may bo suggested, for it would be cruelty to the boy to discharge him. Mr. Weston said he would Bee what could be done; he hoped his Honor would allow him to use his namo. His Honor: Certainly. CATTLB KILLING.

Patrick Fenncll and three other men named Harvey, Burbidge, and ZocMey, were charged with killing a heiter, with intent to steal the carcase, the property of W. Rut sell of Oambndge, on the 29th of September. Fsnnell was allowed to give evidence for the Crown and he was acquitted. Mr. Wynn defended the prisoners, Mr. Weston for Fennell. William Russell deposed: lam a settler residing nt Cambridge. I remember missing a heifer about the 29th of September last; she wbb a white heifer with brown spots, and branded with the letter R on the near rump. 1 I saw her a week before the 29th, sho was running in Brown's bush with other cattlc. I searched for her on the 30th all round the place. A day or two afterwards t heard of some freeh meat hanging in the bush I found some blood and the foot of a young cow beast at some distance. I went to the prisoner's whare. I found the jawbones of some young cattle. Arnold went and came back with the police constable. TV e saw some heifer or cow meat in a kit. There was a part of the udder attached to the meat. The next day Friday, I went into Cambridge. I received some information from a person named Kobinson, which caused me to go back to the bush. Bobinaon showed us two casks of meat in the .bush. , They looked like butter firkins. He also showed me a tree where some meat had been hanging. I got some sacks to put the meat in and carried it away. I saw the skin of the heifer lying alongside the cask. That was about 150 yards from the prisoner's whare. (Portion of the hide with brand produced and identified) X found the akin of the beast and the fore feet. The witness was cross-examined at great length, as to his ability to identify the skin and feet of the heifer. .Witness swore to the brand; also, to certain marks upon the hide. James Kobinson, deposed': On the 28th day of September I was in Brown's bush, about foar miles from Cambridge, and was engaged cooking for Harvey and Fennell. They were sawing. Harvey shortly after dinner took his fowling pieee and wa3 followed shortly aftpr by Fennell, Burbridge, and Ijockly. T heard the report of a shot towards the outskirts of the bush. All returned about an hour afterwards, some of them had portions of a beast that appeared to have been just killed. According to my judgment it appeared to be a young beast. A few days* afterwards I Baw the hind quarter of a young beast hanging up about 100 ya. ds from the whare. I recollect going to search the bush with Constable Noonan, a man named Arnold, the prosecutor, and some others. I took them to where I had seen the meat hanging up, but it had been removed. I afterwards took them to where the shot had been fired they there'discovered the hide, the fore feet of the beast, and part of the entrails. The hide was concealed ; some earth had been thrown in over it. Caoss-examined: I was lately employed by Mr. Jermyn. I cooked meat for the. prisoners about four days a week. I believed the meat came from one of the butchers in Cambridge. Patriok Fennell, deposed: I was sawing in Brown's bush on the 28th of September last. I was working with Harvey sawing timber. 1 was also working with the other prisoners. At about half-past eleven o'clock Bobinson told us there wa< some tattle in the swamp. Where the cattle vas, was from 100 to 150 yards from the whare. Harvey took his gun. I went to the pit to split shingles and while doing so I heard the rifle. _ X got under a tree and looked and saw the two prisoners .inning a beast. Harvey was standing by. They returned to the whare ; B urbidge having purloined the skirt of a beast and Lockly carrying the heart and pluck. I told Harvey to tell Captain McLean to knock me off pay I did not want . to stay any longer. John Arnold, deposed: lam a settler residing near Cambridge. I remember on the 2nd of October going with Kussell and others in search of some cattle. We found traces of blood on the 3rd of October. X found als j the foot of a beast. I went behind the prisoners whare, and found the jawbones of a young beast. I went to the camp for a policeman. When I returned with the policeman we searched the whare We found portions of a young beast in kits. We searched the bush next day and found the hiiie. I knew that the hide belonged to a beast of Russell's. It was covered with earth and branches on the top. Police Constable deposed to having been sent for, and searched the prisoner's whare with the witness Robinson. He could distin .uish the letter R ■ for the brand. Was not aware that there were many ' more beasts branded with an R| in that neighbourhood.

Mr Wynn addressed the jury for the prisoners. He said that the prosecution had set out with the avowal that their ease was weak, and Fennell was got to give evidence for the Crown, in order to clear Tip anything that wis left in doubt. He could not see how Fennell had made up for any thing that was wanting in the evidence without his testimony. He (Mr IVynn) contended that there was nothing whatever to connect the skin which had been found in any way with the prisoners. There wag no attempt to coneeal the meat which had been found with the skin. There was no doubt that a beast had boen killed that day bat there was nothing whatever to show that it Was Kussell's beast which was killed. The case of the prosecution was admitted to be weak, and the evidence of Fennell in no way strengthened it. _His Honor left it to the jury to Bay whether the witness Fennell had strengthened the case of the prosecution. He thought the jury might dismiss from their minds all the other evidence beside that of fennell on which the prosecution principally rested. They would say whether sufficient had heen adduced to connect the prisoners with the skin which had been discovered. 1 hu jury retired to con-iler tlu-iV verdict, and upon their return to Court loimri all L! 1 (. prisoners " not guilty." CATTLE STEALING. James Boyle and John Childerhouse were indicted upon a charge of stealing three cows, the property of a farmer named Law, at Howick. Mr. Wynn appeared for the prisoner Childerhouse. Boyle said that he wished to withdraw the plea of guilty which he had made when arraigned. He said the reason of his doing so was that he had an innocent man (alluding to Childerhouse) beside him in the d?ck. ,^ e following evidence was adduced: Mr. Ijaw 8 th^ t . he had three cows, {a red and white "V hrindle cow, and a white heifer in his paddock J hey were forced out of the paddock fornix Otahuhu road, and he (witness) subsequently Otahuhn m ™ adjolmn e Mr - Hunter's sale yards, driving. ' were l uite fagged out with hard John A. Brain, deposed, that he had charge of Mr. Sth Romi 8 ratflfi 1 w-P tahuhu - Childerhouse came C ?orCLv^f b ruS w c a c t^ d rh houß U rom Childerhouse said that a pisontmed had some cattle to sell. He pointed Boyle out. Witness saw the ca tie a red and white cow, a brindle spring! fg 5,°J> an v d a w £ lte h ® ,for - Walked with Boyle and Childerhouse dewn the paddock. Had some conversation with Boyle about the cattle. He asked what the cattle were worth. Witness replied nhnnt £16. Boyle did not gay where the oattle came from. Edward Boyle, of Papakura, deposed : I recollect coming along the Great douth Koad on the 'bus, about the 17th of September last; my trother said he had some cattle to sell, Dhilderhouse also said that he and my brother had taken them out of law's paddock at Howiok. William Negus, deposed : 1 am a police constable ? t , Utahuhu - " n the 17th of September I SI m ma , tlon of Bome "a" 10 having been two nrison Howick. I apprehended the who ftole thi 0 ' house said it was not him Mr Wvnn a f art ? who was with him. Mr. yvynn addressed the jury on behalf of the prisoner Childerhouse. He contended thatthe case „wa» aimply circumstantial, that the evidence wa« most

[ inconclusive. There were hardly any facts proven, • and nothing was more clear that more ciioumstances ioftentimes led to erroneous conclusions, i Mr. Brookfield addressed the jury for the prosecution. He referred to the manner in which the cattle had been driven out of the paddock over the d'tch. Childerhouse declared to the brother of the prisoner Boyle, that he (Childerhouse) had taken the cattle out of Law's paddock. He contended that Childerhouse had mixed himself up in all the transactions of Bcyle> showiag that ho w»s an accoraplice. The jury found the prisoner Childerhouse guilty. Boyle also pleaded guilty to a previous conviction against him in September, 1864. Mr. Wynn reminded the Court that the provious conviction recorded against the prisoner Boy,o had reference to an offence of a totally different kind from that on which he was at present indicted. The charge then was one of manslaughter, arising from having fired his rifle at a prisoner whom ho had in charge. Boyle had just undergone a sentence of 4 years penal servitude for the offence of manslaughter, whon he committed the offence which formed the subject of the present trial. l-Ii- Honor sentenced both prisoners to eighteen months' imprisonment and hard labor, dating from their committal by the Magistrate, The Court adjourned ut 3 30 to 10 to-morrow (thia morning).