LAW AND POLICE.

New Zealand Herald, Volume XIX, Issue 6289, 13 January 1882, Page 3

LAW AND POLICE.

SUPREME COURT.—Cikccit .Sm-i %•««.. Thursday, 12th Jaxuauy. [Before Mr. Justice Gillies.] His Honor took his seat on the Bench at 10 o'cloek. Ma.nslaugjiteu at (b.FOKD : Indictment Quashed.— Mikaere Te Papa was arraigned upon an iudic'ment charging him with this offence, on the 2Gth of December, at Oxford, by stabbing another native, Hone Te Kere, with a penknife. Mr. Hudson Williamson and Air. K. Hesketh appeared for tile prosecution ; Mr. Bi-ou-uing, Mr. John Sheehan,and Mr. F. A. Whitaker, appeared for the defence.—Mr. Williamson said : I have to make a statement before the case is called on. The prisoner is before the Court under the following cirenmstances ;—On Boxing Bay, at some races held at Oxford, a township in the Waikato, there was considerable fighting among the natives. It was discovered, after the lighting, that one of them had been killed. A coroner's inquisition was taked in the usual way. The prisoner having been charged with murder, the coroner's jury found that the deceased man had been murdered, and an indictment for murder was sent before the Grand ■Jury. The Grand Jury returned the indictment, with an endorsement, having ignored the indictment for murder, and intimating verbally to the Court tlieir intention to fin J a "true bill for manslaughter." This was the form of the endorsement. They did not make the necessary alteration in the language of the indictment which would give effect to their intention. Under these circumstances their is no indictment before the Court to which the prisoner may be called on to plead, or of which the Court can take cognisance. There still, however, remains the coroner's inquisition, which was duly returned and tiled in this Court. The inquisition, if in proper form, would be good, and equivalent to an indictment upon which the Court could proceed. But it is informal. It is not on parchment, and not indented as it should be, I have looked through several of the authorities, and find them to be very clear on this subject. Giles, "On Coroners," says that the finding of coroner's jury or inquisition must be in strict legal form and precibion, the same as an indictment. In Downing and Lowndes the law is given to the same effect. It is a matter of regret that any such difficulty shonld have arisen. But I may, at the same time, state that this result will not involve any miscarriage of justice. Information has been laid before a magistrate, and the prisoner will be taken before a magistrate, who shall make the preliminary inquiry. The proceedings will go on at once, so that the prisoner may bo dealt with as soon as possible according to law.—Mr. Browning : I should apply that the costs of the defence, under these circumstances, should be paid by the Crown. This is an applicatin, I presume, to quash the indictment and to discharge the prisoner.—His Honor : I have no power to order the costs of the defence in such a case, but seeing that what has happened occurred through no fault of the prisoner, but it was rather the fault of the magistrate, I do not think the Government will find any difficulty in acceding to such an application if made to thorn.—Air. Browning : Will your Honor express an opinion to .hateffect?- llislloiior : Th.it is my opinion. I think the mutter is quite clear. It w;is brought to lny notice before the Crown Prosecutor mentioned it, and I also have carefully looked through the authorities on tlie subject. The proper course for the 'Grand Jury was to have struck out the words " m.iiice aforethought," and the word "murder." iS'o such alteration having been made in the indictment, the mere endorsement upon this bill is no finding. The indictment is simply void, and requires no dealing with. In re.aid to the coroner's inquisition the authorities arc also very clear. It is clearly kid down that in cases of murder or maus'uughter the inquisition must be on parchment and indented. But, although this difficulty has arisen, there need be no miscarriage of justice. It may eventually lend to the whole matter being more fully and carefully investigated. There is no indictment, and thu prisoner is discharged.—The prisoner was discharged, but immediately afterwards arrested upon the charge of murder.—This concluded the trial of cases in the calendar, and the Court adjourned to Monday, the 10th instant, when the civil causes will bo taken.

RESIDENT MAGISTRATES COURT. TIUMMDAY. [Before J. E. .M.icdcnuld, Ks-i., R.sr.) The weekly sitting of the Resident Magistrate's Court was held to-day for the adjustment of small debt cases. The follow ing business was disposed of :— Ju-dcments FOK Pi. ii.vnKK.-s.— Masciield v Graham : Claim, £50; costs, .Ci lUs. A. Buckland v. .). T. Boon : Claim, £10" 0s 6d ; costs, £'2 Gs. Bendigo G.M. Co. v. John Bloom : Claim, £~ 10s ; costs, £1 l"s.

Jl-dumsnt Summons.—G led hill v . W. E. Allen. Mr. George appeared Cor the judgment creditor. The amount for which "judgment was obtained was £1:5 15s 2d. Mr. George said the defendant had been a volunteer at I'arihaka, and had received £10 odd, none of which was devoted to reduce the debt. The debtor said he was out of employment, and that was all he had received for four months, and that was too little to supi ort a family of nine. His Worship adjourned the case for a month.

Dowiiu v. Fakni.ey.—The claim was for the amount of £3 10s. Mr. George appeared for the plaintiti; and Mr. Tyler for the defendant. The claim was for hire of the cutter Anna Eliza. The defendant, Stephen Farnley, deposed that on the 12th of July last year he saw Mr. Dower. He had then sonic shingles in the cutter Catherine in the stream. He saw tho phiintiil", and asked him to take a load of shingles to Tamaki. He was to load the first thing in the morning. He had also to take seme tim er. Witness agreed to pay £:5 10s. I'lair.tiiV did not come as appointed the first thing in the morning, and witness had to engage another boat, i'ho man from whom he bought said that he could not wait, and if the shingles were not removed he \> ould place them on the wharf. He knew plaintiff had to unload that night at the North Shore, and be alongside thj first thing in the morning. To Mr. Tyler: The plaiiitiil' did not come until about 3 o'clock in the afternoon, aud he did none of the work. Michael L. Ryan, master mariner, deposed that he was master of the cutter Catherine in July, on the occasion referred to, aud was in a hurry to get away. iie was not on board when Mr. Dower came alongside, but ho knew it was between ] and oVcloek. His arrangement was with the defendant that if the .shingles were taken ofTin the morning he would place them on the wharf. The plain till' was called and said the defendant asked him as a favour to come alongside at some time during the day. Mr. Farnley knew he could not be there in the morning. Ho had lost considerable time in consequence of Mr. Farnley's engagement. The case was nonsuited with costs £1 Us Gd.

Casks Aiwockxeii. — Opponhoimor v. Havener, £:2!) 4s 3d; Buchanan v. Richards, £37 17s ; Hughes v. Armstrong, £'2G 7s Oil; Crombie v. Powell. £S Is 7d; Coombns v. Jones, £13Gs4d; Bugden v. Crombie, £14 l<ss 3d; Harjes v. Kicliardson, £5 3s Gd ; Auckland Timber Co. v. Johnson,' £1U 13s Id ; Punningham and King v. Towers £3 12a ; Rere v. Williamson, £11 3elld'.

Faulder v. Brooking, £2 14s 6d; Ellison r Hay, £1 13s Gd.

Pawnbroker's License.—Louis H. Nenmegan applied for a renewal of his license as a pawnbroker. The application was granted. The Court then adjourned until ft o'clock next morning.

POLICK COURT.—TiiuKSDAr I Before n. ClcukdU, Esq., J.i , .]

OCSCE.VE Lα <:uAßE._\Villiani Biriwyc Pleaded g-a,ity to a charge preferred against public place. Fiuea 20s and cosU, or seven uays imprisonment Vagrancy. _ Laurence Tiernev was £Xrin* h - a b, ' eaC i h r° f the .ntent + g I 1 pilbhc t!l °ro»P | 'fare with Breach of the p DBUC \\. ORKS A Laurence Tieruey was charged with m hr«\«?, of the Public Works Act. &% Ob™ mg traffic on a public thoroughfarel-Tiz t f e »? r l s t , lN ? rth - l ; oai1 - Ou the application of Mr. Blaydcß, the case was renianded to Monday next.

THE OXFORD MURDER CASE. Mr. J. E. Macdo.vald, R.M., held a sitting of the Police Court yesterday afternoon, to hear the charge of murder against Mikacri I te Papa, an aboriginal native, who was arraigned on a charge of having wilfully, aad of malice aforethought, killed and murder"" -, Hoaui to Keie, ou the 126 th of December . \Vaikato. Another native named R,-- ' v Korc was also in the dock r, n t\.- ■•»••■■■■ charge, but the prisoners were oliarced separately. The first-named native had teen committed for trial from Waikato but as will be seen from a report of the proceedings of the Supreme Court Criminal Sitting in another column, he was discharged on account of a flaw in the indictment. He was at once re-arrested, and the proceedings commenced de novo. Mr. P. A. Whitaker, withMr Browning, appeared for the prisoner, and Mr! Williamson, Crown prosecutor, with Mr. E Brassey, appeared for the Crown. Mr JB Hesketh was also engaged for the Crown. Mr. Whitaker, when the case was called applied that the case should be remanded to Cambridge, to be heard before the R.M. there. He hoped there would be no opposition to the application, either by the Crown prosecutor or anyone else. It was the least thateonld be asked, when a man was charged with an ofi'ence of this eharacer, that he should have every opportunity to defend himself. The native witnesses who were now here were at great expense, and there were others up there whom the defence would have to call.

Mr. Williamson said he would have to oppose the application. The case had been set out for hearing at the Supreme Court that day. All the witnesses for the prosecution were here, and the defence, having had due notice, had also their witnesses no doubt present. His Worship said the defenco might perhaps have known that tiie case would fall through.

Mr. Williamson said there was another reason for opposing the adjournment. Messrs. E. Hesketh and Brassey were retained with him for the nroseeution, and Mr. Hesketh could not appear next week so they would bs deprived of his services! As to the question of witnesses' expenses, His Honor had stated that morning that he was of opinion the costs of witnesses for the defence should he paid by Hie Crown. Besides, the case eouM bo better heard here, away from the turmoil and excitement of the place where the occurrence took place and where the body was still kept above ground.

Mr. Whitaker said in regard to the statement made by Mr. Williamson that the expenses of witnesses for the defence would !>c paid by the Crown, ho was informed that application had already been mads bv telegraph tothe Native Minister, but Mr. "BryJc had refused to recognise the claim. Mr. Brassey was about to address the Court in support of Mr. Williamson, but Mr. Whitaker objected, aud Mr. Brassey then suggested that the.two prisoners be cuar-'ed conjointly.

His Worship said that his view was this : The applieantion v.-as made by Crown Prosesecutor to liavc tlie case heard here away from the venue of the place where the crime was committed. Now, sonic of the witnesses may be here, but others were away at Cambridge or elsewhere. Then , the application being made by the Crown prosecutor, and having his assurance that the expenses of witnesses would be paid, he would consent to go on with the ease. He thought the defence should have every facility for bringing their witnesses down.

Mr. Williamson said the Crown could not he responsible for the expenses of a whole countryside whom the defence n:ight wish to call. The Bench misunderstood him. He would not guarantee the expenses of innumerable witnesses.

His Worship said that few or :::Miy. if the Crown reijuired that the case should lie heard here, the prisoner had a right to demand that he should have his witnesses here if they were neeesaa-y to his case. If the Crown gave a guarantee for their expenses:, he would go on with the case. He adjourned the proceedings till next day to enable Mr. Williamson to communicate with the authorities, and ascertain whether the necessary guarantee would be given. Reina te Kere was then charged wi'h r, similar offence. Mr. Browning made an application similar to that marie by Mr. Whitaker, to have the hearing of tiu charge remanded to Cambridge. ° Mr. Brassey resisted the application, and asked that the case might be gone on with now. He -was prepared now with his witnesses. Mi , . J. Sheohau, who also appeared for the prosecution in this case, said it was all absurd about the excitement in Waikato. No such thing existed. His Worship said ho took 1:0 interest in this, whether there was excitement or whether there was not. He would not take this ease until the other was heard, and it stood remanded until next day.