SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume X, Issue 2792, 9 January 1873, Page 3

SUPREME COURT.—Criminal Sittings.

WEDNESDAY, JANUARY 8. [Before His Honor Sir G. A. Arney, Knight, Chief Jußtice.] His Honob took his seat on the Bench at 10 o'clock. Rape.— Francis Conway, an old man, described as 79 yeurs of age, wa9 charged with this offence against a little child named Mary Anne Mc&inty, committed on the 13th November last.—Mr. Brookfield prosecuted on behalf of the Grown.—The evidence in such a case cannot be detailed, being wholly unfit for publication. But the great nge of the accused, whose hair is quite white, and who wears a fnll beard of the same color, and the prettiness and innocence of tho child, gave an aspect of peculiar hideousness and enormity to tho offence described in the indictment. The facts surrounding the case, so far as they can be detailed, are the following :—The father of the child, also her mother and two brothers, are employed at Barnott's hotel. The prisoner waß engaged as assistant cook in the same establishment. On the 13tb November there was a ball given by the Volunteers, at the Academy of Music, Grahamstown. The child was in the habit of going to her mother, but on this evening the mother was busy dressing some ladies for the ball. It was about nine o'clock in the evening. The prisoner asked the child to go up stairs with him " to see if he had some lollies for her." The offence was committed in the prisoner's room. The next day the ohild complained of being unwell, and her mother observed indications which left no doubt thnt some person had communicated to her a loathsome disorder. Bhe was under medical treatment in the Thames Hospital. The proof of the commission of the horrible outrage was bb complete by the medical testimony of Dr. Kilgour as by tho evidence of the little girl herself. The jury found the prisoner guilty.—His Honor, before passing sentence, inquired of the governor of Mount Eden gaol upon what authority j the prisoner's age was set down as 79. —Captain Eyre said that was the age given by the prisoner hinißelf. He informed the Court, however, that tho prisoner had undergone a previous short sentence for some trifling offence, and he then stated his age to be soma fivo or six years younger. — His Honor said the prisoner had been convicted upon the clearest possible testimony. Had there been any precocity shown to exist in the child ho Bhould have felt bound to put that circumstance strongly to the jury. Looking at all the facts, and at the character of the child, the judge would be unjust if he were to allow an imputation to re£t upon her or any other person that the illness described had been communicated by any other person than the prisoner, who had taken advantage of this child'b innocence not only to debauch her body, but to corrupt her mind, so that it would require extreme core so thafc the evil conae-

quences shouldnot accompany her through life. The prisoner would receive some consideration, inasmuch as no proof was offered that any violence was offered to the child which would surround the offence with a peculiar atrocity. It would appear as if the prisoner had exaggerated his age for a purpose that must be obvious - . The Court would give the prisoner some consideration upon account of his advanced age. Still the sentence he must receive would cover the greater part of his remaining life. The sentence of the Court was, that the prisoner be kept in penal servitude for five years. Hoese Stealing.— P.wi, an aboriginal native, was arraigned upon an indictment charging him with stealing a horse, the property of Thomas Saunders, at Tauranga.—The prosecutor said he missed the horse as long ago as 1871. The last timo he Baw it was at the Police Court at Tauranga. When he lost the horse it was branded with a T on the near shoulder. There was this peculiarity in the brand, that the T was placed downwards, the cross of the letter being perpendicular, and the stem horizontally. When the prosecutor last saw the horse he was branded with a double H on the near shoulder, and HA on the off shoulder. The middle stroke of the double H was common to both letters. It was observed that an ; unfinished brand, representing the foot of the ■I letter A reversed, appeared above the double jH. This led to further examination, and it I was subsequently discovered that the brand : was- a composite one, and made by applying ; the letter H of the HA brand to the old T. |Part of the letter A had not cooled, and so I left a mark, which led to the identity of the ! animal. It appeared from the evidence of > Himone, one of the Native Contingent, that jhe bought the horse from the prisoner for i £3.—Other native witnesses proved the possession of the horse by the prisoner for a i considerable time past. He had it for [more than a year.—George Young, a black- : I smith, identified a brand HA which he had |!made for the prisoner. It corresponded with i the fresh brand over the old T brand.—Two native witnesses were called, who corroborated : generally the testimony given by Himone. : —The prisoner, in his defence, set up a charge of dishonesty against the natives, and said !they were unworthy of belief. He urged the jury to believe that the wholo story was conicocted, and the prosecution a conspiracy got ■ up for the purpose or sending him to prison. He further charged Himone with having ; stolen a horse from a person named William ' Butt.—Himone was again placed in the witness box, and being examined as to the statements of the prisoner respecting himself, said : they were wholly untrue.—His Honor having summed up, tha jury retired and returned ; into Court with a verdict of guilty.—His Hanoi' said the practice of horse-stealing had become so constant in the neighbourhood of Tauranga that the Court must visit the offence with severity. The prisoner had shown great cunning in the manner of com- ! mitting the offence. The sentence of the Court was that the prisoner be kept in confinement and to bard labour for eighteen calendar months.