LAW AND POLICE.

New Zealand Herald, Volume XVI, Issue 5350, 9 January 1879, Page 3

LAW AND POLICE.

SUPREME COURT. —Criminal Sittings. Wednesday, January 8. rßefore Mr. Justice Gillies and Common Juries.] The Crown sittings ©f the Circuit Court were resumed this morning. His Honor took his seat on the Bench at 10 o'clock. Larceny fuom a Vessel.—Hcrbtrt Blackburn, described as cook and steward of the brig "Vision, on her voyage from tha Marshall Group, was arraigned upon an indictment charging him with stealing, from that vessel, 2 pieces blue dungaree, 2 pieces of brown holland, 3 pieces of calico, 3 pieces of dress goods, 1 revolver, 2 sheets, 4 pair of pants, 2 dust coats, 5 shirts, 2 tomahawks, 1 pack of cards, 1 handkerchief, 1 pair of scissors, the property of George Cousens. Mr. Brookfield conducted the prosecution ; Mr. Tyler defended the prisoner. The defence was that the prisoner had bought these goods, and that they were not the property of the prosecutor.—The prosecutor said he was supercargo of the brig Vision, on her last voyage to and from the Islands, for the purpose of trading. Called at Majro, where ho had charge of a trading station, ,£and the goods which prisoner was charged with stealing were a part of the stock. Witness took an inventory of the stock, locked the store, and went on to the Caroline Group, for the purpose of trading. Witness had missed a quantity of goods. [Goods produced.] He identified the dust coats, the tomahawks, and the revolver, because they had frequently passed through his hands. He could not speak positively to the shirts. He would not speak positively to any of the goods beyond this, that they were the same in quality, character, and mark as ho had in his stock. He saw them next after he missed them at Archard's Britomart Hotel, Custom-house-street. They were in a room which the prisoner had there. He went with Sergeant Gamble to execute a search warrant.— He had 18 revolvers, and the one produced he identified. Witness and prosecutor were not friendly upon the return voyage.—A witness, •named Arthur Elliot Duke, deposed that the prisoner asked him to take a large bag from the Vision to Archard's Hotel.—The witnesses were examined as to whether there was any concealment, but they had observed none.—Con stable Strathern deposed to the circumstances under which he arrested the prisoner, and Sergeant Gamble deposed to the execution of the search warrant, and finding the goods at Archard's Hecel.—Mr. Tyler, in opening the defence te the jury, said he would call evidence to shew that (1) these shirtings which the pro* secutor had identified were not part of his stock; (2) that the prisouer had purchased a large parcel of goods ; (3) that the revolver was not part of the stolen property, because a witness would swear that there were only 17, and not 18, revolvers in the case. The learned counsel put it to the jury to say whether the evidence was sufficient to shew that any goods had been stolen, for certainly a considerable portion of those produced were purchased by the prisoner.—Edward James Byron, lately mate of the brig Vision, deposed that he went to the Marshall Group in her on her last voyage. He remembered Mr. Cousens taking stock. Cousens said that Cole had made a mess, as he was short of one revolver and about £100 worth of trade. Witness was in charge of the station for about 12 months, and was generally acquainted with the class of goods there. Was iu charge from March, 1876, to March, 1877. The trade at the station was brought on board the brig. There were no shirts in the station like those produced; thero wore no pants like those produced, there wero similar axes, but they were of a different brand; the articles wero very common throughout the trade. Witness wen* on shore the Sunday and returned on the Monday morning. He brought back with hira a quantity of drapery. There was a Mr. Haggerty, who kept a store on another island. He said he had been there, and that he had purchased the parcel he brought. There was a blue piece, like the check produced, sticking out of the parcel, aud also some material like the brown holland produced. He poiuted out that he paid for them less than Cousens sold them at. He was comparing tho prices with those which Cousens asked. The captain of the vessel, upon hearing what Blackburn said, observed, "No wonder we cannot sell anything when the other traders are selling at so much less." He only saw 17 pistols, as one was said to have been lost. —Cross-examined: The witness said he was not present at the stock-taking by Cousens. He could not say positively as to the actual goods produced. There were none in store similar, so far as he could remember. He icmembered the trade being taken on hoard the brig.—By the Court : The prisoner, as cook of the vessel, was not allowed to trade. Could not say why he should have bought so large a quantity of goods on the island. He could hardly have bought thorn so cheaply there as he could in Auckland if he wanted them.— John Milli.s said that the prisouer on tho Monday morning referred to by last witness, brought on board two large parcels with him. Witness did not know the contents at the time. But he afterwards saw them. The contents were something like the striped shirting in quality, hut not liko otherwise. Somo bluc-striped cloth was amongst them, but different from that produced, and some calico. These things the prisoner said he had bought. Prisoner said the reason he had bought the goods was that he had got them extremely cheap.—Victor Barrier ard another witness wero called upon their recognizances, and did not answer. The Court ordered their recognizances to be estreated. — His Honor summed up the evidence, and the jury, after an hour's deliberation, found a verdict of not guilty. The prisoner was discharged. Wounding with Inient, kc. —William Marwood EnylUh was arraigned upon an indictment charging him with wounding with intent to do grievous bodily harm to an aboriginal native, named Te Toko, with a bill-hook, at Ohiwa, Bay of Plenty, on the 16th of December last.— 1 Mr. Brookfield appeared for the prosecution, Mr. Hesketh defended the prisoner.—The defence was that the blow which inflicted the wound way struck in self-defence. —Mr. Brown, of the Native Office, acted as interpreter.— This was a general Maori brawl, which occurred outside of a store and public-house at Ohiwa, of which prisoner had charge. The inquiry, during its progress, took a somewhat unusual turn. The witnesses for the prosecution were all natives, and their statements wore in many particulars irrelevent. But the facts are as follow Reihana, a native, had somo quarrel with the prisoner about setting some bottles of beer, which another woman hail given to his wife. The prisoner refused to give him the beer. The lGth of December was Sunday. The consequence of the altercation was that Rei* haua was knocked down. Tc Toko saw the other native on the ground, and went to his assistance, and several other natives also came up, and there was :i general brawl, but Mr. Penny, who ovvns the store and public-bouse, came out and took English in-door.s. But English came out immediately and struck TcToko with a bill-hook across the left side of the face, inflicting a deep incised wound. — Dr. Alfred Ginders, a medical practitioner, described the wound as 3J inches long, and rather deep in the ceutrc. —The contention, which made the case somewhat remarkable, arose out of the defence sot up. Mr. Elesketh said lie wa=? instructed that the alFiir was a continuous fight from beginning to end. — His Honor : Now, the law appears to inc very clear in tho case : that when Mr. Penny took the prisoner into tho house—when the prisoner was in the house safe, and the fighting was practically at an end —if he chooses to arm himself with a bill-hook to go out again and strike the man (as in this case) with the weapon, he (the prisoner) cannot take any benefit from the previous quarrel.— Constable Macabc deposed to going to Ohiwa to inako inquiry into the case. Tho prisoner brought him the billhook (produced) and made a statement. —Mr. Hesketh applied that the statement of the prisoner on giving up the weapon should be received. Tlis Honor said the statement was inadmissible, but took a note of the application. —Henry Watson Penny, the proprietor of the store, said he sav English (the prisoner) pushing one of the natives out of the door. A general row ensued. The natives closed round English, who cried out, "Two to one, you scoundrels. I will use my knife !" Witness interfered. English was knocked down, several of them on top of him. Witness struck several of tiie natives, and got English on his legs. Asked Hoheroa, a native, to keep the other fellows quiet. There were eight or nine natives there. The witness could not say whether he shut the door when he dragged English in. Two natives followed English into • the house ; they were all down together.—Mr. Hesketh cross-examined with great minuteness i upon this point, with a view to shew that tho fight was continuous. The witness could not i swear positively whether he opened or shut the door.—Counsel having been heard for the p prosecution and defence. His Honor summed up the evidence. Ho charged the jury that there could bo no justification of the prisoner's . act, unless his life was in danger. The jury [ would consider the question of intent, having 1 that principle in view. It was remarkable that r there was no evidence that even a single blow ; was struok by tho Maoris. Thsre was a row, i they crowded round the man English ; there 5 was hustling, struggling, and wrestling on their part. Tho jury would consider whether the : circumstances were such as to have reduced 1 the character of the offence from 41 wound--1 ing with intent " to "unlawfully wounding." 1 There was another view to be taken of the position of Europeans in remote and isolated Maori districts. It was their bounden duty to conduct thmselves with discretion and judgment. It was often wonderful tho forbearance even of natives in circumstances whore they had power to do so much mischief.—Tho jury retired to consider their verdict at a-quartor to 7 o'clock, and after a few miuutes' deliberation returned their verdict : "Guilty of unlawfully wounding."—Thcjnisoner'a counsel handed in anumber of testimonials to the geod character of the prisoner.—Ono of these, from a large number of settlers, expressed i sympathy with prisoner, and approval of his i conduct in that matter. —His Honor : I canaot accept such a testimonial as that. It is not i creditable to those who send it. It does them no credit, and ia of no advantage to the prisoner. I regret that there should be persons holding such opinions. It only shewed there were persons who required to be taught

what their duty was in Buch circumstances. There was another petition from the natives in the locality praying for a lenient sentence, as it was the first time the prisoner had harmed them in any way. He would give the fullest effect to such a petition. —Mr. Hesketh said the former occupier allowed the natives the full run of the place.—His Honor: That should have made the prisoner more careful. When that man used a lethal weapon, the natives could have pleaded justification, had they taken his life. Natives mutt be treated as Europeans should be treated. The sentence must be a warning to others.— The prisoner said the circumstances were worse than appeared in evidence, as Mr. Penny was not present during the first part of the affair.— Sentenced to nine months 1 imprisonment with hard labour. This concluded the Criminal Session. There are no Civil cases set down for hearing. The Court adjourned at 7.30 p.m. sine die, POLICE COURT.—Wednesday. TRefore A. Beetham an<l G. P. Pierce, Esq*., Jus" tices.] Drunkekness.—Oue woman was discharged on payment of costs, and two men were each iiued 5a and costs, or (in default) 24 hours' imprisonment with hard labour. Larceny.—John Hill and Samuel Taylor were charged with stealing a fork, worth 6s Gd, and a garden rake, worth 9a, the property of Timothy Hayes, of Panmure, on the 29ch of December. They pleaded not guilty. On the application of Sergt.-Major Mason, the case was remanded until Friday next. ONEHUNGAR.M. COURT.—'Wednesday. [Before R. C. Barstow, Esq , 11.M.] Dronk.—One man was fined 5s and costs. Vagrant.—James Hogan, of Panmure, pleaded ignorance of a charge of using obscene language. The case being a bad one, His Worship imposed a fine of £'5, or one months' imprisonment. Alleged Larceny.—John Donelly, Owen Donelly, JohnMclnnerny, Thomas Mclnnerny, and William Frost were charged with stealing four hives of bees, value £3, the property of William Styak. Defendants pleaded not guilty, and, on the application of Constable Graham, were remanded to Ofcahuhu, the 23th January, finding bail. Larceny.—Patrick Fennell was charged with stealing £36, the property of J. I. Allen. Remanded for a week.