SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume IX, Issue 2483, 10 January 1872, Page 3

SUPREME COURT.—Criminal Sittings.

TUESDAY, JANUARY 9. [Before His Honor Sir Or. A. Arney, Knight, Chief Justice, and u Common Jury.3 His Uo.vob took his seat on the Bench at 10 o'clock. Stealing from a Cutter. — William King was arraigned upon an indictment charging him with stealing on tho IGth September last, from the. cutter Gleaner, 5 ewt tlour, 1 lb candles, 1 lb. butter, and a clock.—Frederick Oliver, master of the cutter, deposed that on tho night in question the articles mentioned in the indict nieiit were on board the, cnl.i.er. Witness could not identify the clock.—John Sullivan, of the Hot Springs, owner of t.he (Hitter, swore positively to the clock as belonging to him, and deposed to by the last witness as being on board the eutrer on the night in question.—Louisa Smith said she lived with the prisoner in Grey-street. She remembered him bringing homo a clock like that produced. He said ho had bought, it for ss. He told witness to take it to a neighbour's house, us " there might be trouble about it."—Jeffrey (Detective) charged prisoner with the offence in Mount Eden Gaol, where he was detained upon another charge.—His Honor having summed up, the jury found tho prisoner " Guilty."—Sentence deferred. Tun Battle or the Loos. — John Sanders Gibbons was arraigned upon an indictment charging him with an assault upon a native named Munu Hori Grey, nnd causing him actual bodily harm. — Mr. Brooklield prosecuted on behalf of the Crown; Mr. Cooper defended the prisoner. The facts of this case arose out of the long pending dispute as to the proprietorship to certain timber logs at. Wluingapoa. The statement of the prosecution was, that Mr. Brookiield told the jury that :i person attempting to obtain forcible possession of property iu the possession of another, and so committing an act of violence, was acting illegally, and if injury were inflicted through such violence, th« person thus taking the law into his own hands would be called upon to a"swor for the consequences. The prosecutor was examined at considerable k-igth, and described tho nffrnv, whicli has been already published. For the defence it. was contended that Gibbons tieted in selfdefence. That there were some six logs that did not, belong to Harris "anchored," and these, the prosecutor and his party endeavoured to gain p'issisaion of. That it was in protection of this property that, the defendant acted. That the violence was, in effect, that the prosecutor with a number of other persons—native and European—were taking a raft of timber to Harris's mill, when the defendant with n number of natives came up, and attacked them on the raft with poles. The pr .seeutor was struck on the back, between the shoulders. The. blow caused a wound, and it was alleged that " actual bodily" harm was inflicted, begun by the prosecutor and hie party. Tho evidence was very voluminous (principally native, ta'<eu through an interpreter). This circumstance protracted th,; inquiry to a great length.—Munu Hori Grey and Tapiata gave evidence to the efl'ect that the defendant threw a pole, which struck the former.—-C. A. Harris, jun., deposed to the same facts. —In reply to a question by the cros~-examining counsel, he sai I that the logs annexed were also hi- property, and the defendant had no claim t,> them.—Dr. Payne described the wound whicli, he si'.id, was in the b.u-k, exactly opposite the nipple of ho left breast. The instrument, was stopped by a rib, otherwise it would have been dangerous. As it was, it was a. painful wound.—John Peiinell was railed for the defence, and said he was in Gibbous's boat, on the day in question. Did not see Gibbons strike any man. lie culled out to Harris that he wanted to speak to him. The party in Harris's bunt stove the boat in with their p,lie.-'. Gibions's bor- was nearly sunk. Mr. Harris in hiseviJei.ee further said I haL his anxiety was to keep the boats oil', lest life should be lost. Tho natives with Gibbon were hulf-iviked and greatly excited. Thev were lvennedy H.-iv natives. Non- of them lived at Wlianga.'ioa. l'.-niu-ll further said the prosecutor could not. have b.-en much hurt, as ho saw him the next day ''j-ickiug " limber. Two witnesses named Prior and Little gave corroborative evidence for 1-ho defence. The Case had not. concluded when the Court, rose. Tlie Court, a ijourned at half-past five o'clock and will resume this morning a'., leu o'clock.