SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume X, Issue 2797, 15 January 1873, Page 3

SUPREME COURT.—Criminal Sittings.

TUESDAY, JANUARY 14. [Before Hie Honor Sir O-. A. Arney, Knight, Chief Justice.] His Honob toot bis seat on the Bench at 10 o'clock. Killing a Hohse. — William Odium was placed at the bar charged with maliciously and feloniously killing a horse, tho property of Juraes JlacCormick. —Sir. Richmond applied for a postponement of tho trial,, upon'the ground that a material witness named Middlebrook could not attend, having mot with a severe accident. —Affidavits were read, alleging that it would be dangerous to remove the witness.- —After some discussion, his Honor said it was inconvenient that there was no moans of examining a witness in such circumstances in presence of tho prisoner. The case was one almost wholly dependent upon circumstantial evidence, and it waa of the greatest importance that the evidence of the lad Middlobrook should be tested in the usual way, and in presence of the person accused. Stealing Qpicksilvke ; a Mtxed Inquire.—James Anderson was arraigned upon an indictment charging him with stealing 128 lbs. of quicksilver, the proporty of tho Puriri Qunrtz Crushing Company. — Mr. Albert Beetham waa tho first witness called, and upon taking the book, Mr. Rees objected to the witness being sworn, upon tho ground that the witucßs did not believe in the doctrine of rewards and punishments.—Mr. Brookfield said it was sufficient if the witness believed in the existence of a God and accepted the obligation of an oath, to speak the truth in answer to questions put by the Court. —The.witnesa said he believed in tho existence of a Divine Power which enjoined truth and was offended by falsehood, but he knew nothing of rewards or punishments. There was not evidence sufficient to enable him to form any conviction upon- that subject. He had been baptised -and was a professing Christian; his family were also Christians.—His Honor: Do you believe that you are comraiinded by Gfod not " to bear false witness, &j." —Witness : I believe I am commanded—l believe that I am bound—to speak the truth. My family go regularly to religious worship. I do not iuterfore with their opinions.—Hie Honor : You do not disbelieve the doctrine of rewards and punishments. —Witness : I do not disbelieve it. I have no evidence of it, and, therefore, do not know anything about it.—Mr. Rees cited a judgment of Chief Justice Willes's, to the effect that a person who did nut believe in rewurds und punishments could not be sworn, for the plain reason that there was nothing to bind him to the expression of the truth.—Mr. Brookfield said it was quite possible Mr. Beetham might hove speculative opinions upon the subject. It had ulso been held that a witness, having avowed himself a Christian, could not be asked any further questions. In reply to tho Court, witness said he professed Christianity.—His Honor said the question might bo a proper one to be tuken before the Court of Appeal. He would admit the evidence, and reserve the point.—Mr. llees desired it to be argued before the Court of Appeal.—The witness was sworn, and deposed that he was managing director of the Puriri Quartz Crushing Company, and had full control over the property ; indeed, he held twothirds of the property himself. The Puriri Company had passed into the hands of the Emily Company. Had instructed John Allen to deposit under the floor of the battery this quicksilver. A portion of it was in iron bottles, a portion in lemonade bottle*, and a portion in a common black glass bottle. The price of quicksilver varied very much. He lim-w it to be as low as 3s a pound, and as high a» 5s 6d, in Coromnndel. The value of this quicksilver was about 4s 6d a pound. Hud heard this was sold at Is Gd, or one-third the valuo.— Tho witness was cross-eiaininod with great minuteness as to his feeling towards the prisoner. Hβ said he had never any ill-feeling ugainat the man. Never saw him until this affiiir. Never used violent threats to Mr. Joseph Cochrane, the Clerk of the Court at Coromandel, because he came up to give evidence in favour of the prisoner. Never said to Mr. Cochrane, " By Gr —d, Cochrane, if I iee your face in Court to-morrow I will do all I can against you. I will do my bust to get you out of your billet." Did say to Mr. Cochrane, " If I see you in Court to-morrow I will expose what you have already said to mo and the way you have, as a clerk to the Ooromandel Court, behaved." The behaviour referred to was that on the evening I he prisoner was committed for trial, Mr. Cochrane came to witness's hotel and spent a whole hour in trying to get witnees to abandon the prosecution; on the plea that the prisoner was an innocent man, and on the further plea that upon a previous occasion Anderson had saved tho company upwards of £100. Witness said he would expose Cochrane for such conduct as this. —John Allen, battery-manager to the Puriri Company, de- ' posed to having collected all the quicksilver and "planted" it under the planking of the battery. The witness described the manner in which the quicksilver was secured. Some time after, when the witness was passing the battery to tho Emily tCompany, he found that " the plant had been sprung" and the quicksilver taken away. —A witness named Edward Adolphus Adams was called, and said he saw a quantity of quicksilver in the house of a man named Barclay. It was in a metal bucket. Barclay was at present awaiting his trial, charged with receiving this quicksilver, knowing it to have been stolen. The prisoner, came into the house when he wns there on a previous occasion, and told Barclay that he had found a good leader. In reply to a question, he said it was not gold but quick-

silver. Witness took the quicksilver to Grahamstown, to see what he could do with it.—ln cross-examination, the witness said he believed that something was wrong. He had heard that a quantity of quicksilver bnd been stolen. Witness wrote a letter to Barclay, demanding one-tbird of the proceeds. The letter was in the following terms: —" November 4,1872. Dear Sir,—l saw Anderson the other day, and asked for the ' third' in that little business, and he «aid I was to look to you. Now, lam not to be bluffed. I intend having a third, or you know the consequences. An early answer will oblige,—Tours truly, K. A. Adams."—Witness gave information to the police.—Sergeant Egau said he asked the prisoner about the quicksilver. The prisoner said ho had found it not far from the battery. He had been trying the ground with his pick, and struck upon the bottles. The prisoner said he was not aware he was committing an offence.—Mr. Eeos, in defending the prisoner, said the evidence of the witness Adams was not to be relied upon. The only positive testimony in the case was that of Adurns, who had admitted that the first statement was a falsehood.—His Honor having summed up the evidence, the jury found the prisoner "not guilty." The Court then adjourned.