SUPREME COURT.—Criminal Sittings.

New Zealand Herald, Volume XI, Issue 4026, 7 October 1874, Page 3

SUPREME COURT.—Criminal Sittings.

TI'IMIIAY, OCTOISER 0, [Before 11 is Honor Sir A. Arnev, Kniqht, Chief Justice, urnl :i Common Jury.] His Honor took his scut on the bench at ten o'clock. WoiWinNi; with Inti:xt.—/omr-i Farrcll, aged GO, was arraigiiL-d upon an indictment charging him with unlawfully wounding George .locclyn with intent to do him grievous bodily harm on the mi'ruing of tile HOtll of July last. — Mr. lirookiicld conducted the prosecution for the < 'rown ; Mr. Laishlcy deiended the prisoner. — In this ease both the prosecutor and the surgeon who originally attended him anil dressed his wounds had gone to lOngiand. 'I'lu: ease illustrated the loose kind of life that some persons are eontent to lead. The particulars of the ease have been already published, and :i narrative of the leading features of it will lie sullieient to give an outline of the conduct of the parties. The recognizances of the prosecutor, who had gone to in the ship Queen of JSations, were estreated. There was a .second count in the indictment charging prisoner with unlawfully wounding only*—Catherine Golding, who saw the whole transaction, gave the following account of it. She and Jocelyu and the prisoner met in Queen-street on the night of the L'oth of July. Slie was one of the immigrants by the ship Miltiades, and Jocelyu had been a sailor on board that vessel. The prisoner appeared to have had charge of a brig named the Syren, then lying in the stream. A'l three went on board the latter vessel. Some brandy passed between the three. The woman sat by the side of one of the bunks, and Jocelyu turned into it and was asleep for some time, in consequence, as she said, of the prisoner attempting improperly to interfere with her, she called Jocelyu up to protect her. Jocelyn. got up and Karrell ordered him to leave the vessel, but J oct ly n refused to go. The prisoner struck Jocelyn, and Jocelyn struck Farrcll again. Afterwards the latter struck Jocelyu with a tomahawk across the lugs.—All-. Laishlcy, in his cross-examination, elicited from the witness the facts that Jocelyu heat Karrell very .severely before the latter struck him. Farrell had to cry out for "mercy"— " that Jocelyn would not kill him." She saw Karrell bleeding after Jocelyn had maltreated him. lioth men were more or less drunk. — iJetecfcive Ternahan deposed to apprehending the, prisoner.—Dr. Cioldsboro' described the wounds, which he said were below the knee-joint, and entirely of a superficial character. They were incised wounds. They wore not dangerous. A man might go to work with such wounds, but he would suffer a certain amount of pain.—Mr. Laisliley addressed the Court in a very ingenious speech to the effect that there was really nothing to go to the jury. — 11 in Honor said if the case rested ahm npmi the woman's evidence he would say that there Mas not. —Mr.

Laisliley addressed the jury, contending, on behalf of the prisoner, that the evidence went to shew that the prisoner was in charge of the vessel. There was no evidence to shew that Jocelyn was lawfully there. That the prisoner had a perfect right to ordiy him off, and to use sufficient force to remove him. The evidence went further to shew that Jocelyn committed a savage assault upon the prisoner, and that it was uot until after he was in danger of his life, as shewn by calling out for mercy, that he took up the tomahawk ; and that he was not actuated by an intention tc do grievous bodily harm, was plain from the superlicial character of the wounds themselves.—The jury found the prisoner guilty of the minor offence of "unlawfully wounding. '--His Honor sentenced the prisoner to six months' imprisonment, irith hard labour.

Steaunc; from a Dwelling.—Uobcrl Conway was arraigned upon an indictment, charging him with stealing £5 (in money) from the dwelling of Catherine McCarthy, at Grahamstown, on the sth of July.—Mr. Tirookfield conducted the prosecution, and Mr. ltces defended the prisoner.—Catherine McCarthy said she was landlady of the European Hotel, Grahamstown. Her sister, a barmaid, and an old man named Jerry, resided in the house on the sth of July last. The prisoner came to the hotel on the 4th of July, and slept there that night, remaining until five or six o'clock next (Sunday) evening. Witness left her purse on the washhand-stand in her bedroom, the purse containing ,C sin notes, and about half-a-sovereign in silver. Saw the purse there at three o'clock on the washliand stand. The money was there at that time. The door which was immediately opposite was closed, but not loeked at that time. The prisoner was in the room opening off the bar. Her sister, the barmaid, and tho old man Jerry were in the frontjroom, and went out for a short time. The prisoner could get to her bed-room by going through the kitchen without witness hearing him. She had occasion to go into her bedroom. She found the nurse where she left it, but the notes were gone. She asked several of those in the house about the notes, but none of them knew. The prisoner insisted that it was the old man .lerry, but when close questioned the. prisoner looked down and seemed confused. The prisoner left the house and returned. He remained till about nine o'clock that night, and then went away. Witness, before the money was missing, heard a conversation between the prisoner and a man named Barrett. The prisoner said he did not know what to do for money, as ho owed money to Mrs. Doihl, and money to Baker, but lie had none to pay them. He said he had been working iu the of Beauty mine ; that he was to have got his wages on the Saturday, but he did not call for them. The prisoner came into the hotel on Monday morning, and also in the afternoon. He said to witness, "You half blame me for your money." Witness replied, " Yes, I am certain 1 blame the right one. Where did you get the three notes you paid Mrs. Dodd." (He had paid CStoMrs. Dodd.) The prisoner said, " What business is it of yours ? Can you swear to the number of the notes?" Witness replied, "No." Then, the prisoner said, " Yon can't do the harm of that (cracking his lingers), you may do your best." —Mary Glenn, barmaid at the European Hotel, remembered the Sunday when the prosecutrix told her of the notes being stolen. Witness went to the purse that day. Put half a sovereign into it, and took out 10s in silver. She had authority to go to the purse when she wanted change. She did not notice whether the notes were then ill the other compartment of tile purse. She was asked about the notes, and she told the prosecutrix that she had not noticed them. She remembered her mistress taxing the prisoner with the blame of the notes being taken. The prisoner calm; to the hotel tlie previous .Niumlay iligut oelore. He stood drinks to several person.-, but did not pay for them. There was about 15s or lCs worth of drinks. The prisoner said he would pay on Monday. He said he was working at the < v )uccn of Beauty mine, and ought to have gone for his wages at 12 o'clock, but that be had not gone, until four o'clock, ami, therefore, had not been paid. That was on the Saturday night, the night before tho notes were stolen. The witness corroborated the statement of the prosecutrix as to the conversation between her and the prisoner. Prisoner said that he did not care that (cracking his fingers) about her, as she did not know the number of the notes.— Mrs. Dodd, a lodging-house keeper, of Grahamstown, said the prisoner paid of a sum which he owed her >»n the Monday.— Constable Grace deposed to the fact of his apprehending the prisoner. A\ hen the prisoner first saw him he went down a side wav. When he saw witness following lie rail awav, and jumped over iour fences or yards into" another street. When witness asked him what he had done with the money, tho prisoner answered, " i-ind nut. — Ibis closed the. ease for the prosecution.—Mr. Rees addressed the jury for the defence.— His Honor, having summed up the cviilcncc, the jury, without leaving the box, acquitted the prisoner. The Court rose at a quarter to C o'clock. The sitting will be resumed to-morrow (this) morning. '1 lie first ease called will be that of Dyer, upon a charge of wilful murder.