SUPREME COURT.—CRIMINAL SITTINGS.

New Zealand Times, Volume XXIX, Issue 4226, 6 October 1874, Page 2

SUPREME COURT.—CRIMINAL SITTINGS.

Monday, October 5. (Before His Honor Mr. Justice Johnston). GRAND JURORS. The following gentlemen were ballotted for as Grand Jurors :—Messrs. T. Buchanan (foreman), G. Thomas, A. E. Eowden, F. A. Krai), J. E. Tolhurst, B. Smith, D. Stewart, H. Wilcox, G. H. Vennell, C. J. Harrison, 3. Billing, J. W. Stevenson, T. Kebbell, W. B. Jackson, J. Martin, G. Beetham, J. Henderson, E. W. Mills, E. S. Ledger, J. E. Nathar, W. L. Hirst, G. S. Sellars, and M. K. Sainueb-. His Honor, in addressing the foreman and gentlemen of the Grand Jury, said that there were very few matters of public interest connected with the administration of justice which he need refer to upon that occasion. During the recent session of the Parliament of the Colony only two Acts had been passed which could be said to have any effect upon the administration of justice. One of thesa gives the right of exemption or excuse to volunteers serving on fire brigades, who have obtained certificates of efficiency, from serving on juries ; and he thought the Act would have a good effect in encouraging persons in the performance of what was a most useful public service. The other Act referred to was one amending the existing Offences Against the Persons Acts of 1867 and 18CS, and it seemed very wisely to provide for increased severity of punishment in such cases of assaults of an indecent character as called for severer treatment than was previously provided for. He thought it was scarcely necessary that he should allude to any other of the Acts passed during the past session. He was happy to say that the cases with which they would have to deal were not numerous, though some of them were of a most unpleasant character. He was sorry also to add that, as usual, what he might call the great Colonial offence—that of dealing with forged and worthless cheques—was illustrated on this occasion, as on almost every occasion upon which he presided at that Court. His Honor, before proceeding to refer to the three cases of indecent assault, ordered the Court to be cleared of all boys and females ; and for the same reason which induced Hi* Honor to clear the Court, any reference to the details of those cases is here omitted. The other cases were so simple in character that His Honor anticipated no difficulty on the part of the Grand Jury in dealing with them, and therefore referred to their salient points in tha briefest manner. The Grand Jury found true bill* against all the prisoners for trial; but against the prisoners Arneh and Bradley the bills for a graver offence, on a second count, were thrown out. Mr. Izard, Crown Prosecutor, conducted the cases for the prosecution. EORGERY AND OTTERING. Alexander Gibney was charged that lie did, on the 21st day of September, 1874, felonioasly forge an order for the payment of money, and did afterwards utter the same, knowing it to be forged, to one Alexander McMillan, of the Army and Navy Hotel, Wellington.

Prisoner, who was undefended, pleaded not guilty to the charge of forgery, and guilty to The prisoner, when asked if he had anything to say why sentence should not be passed for the charge to which he pleaded guilty, merely stated that when he passed the cheque he hoped to have money to take it up before it went out of Mr. McMillan's hands. His Honor said that the statement offered jio extenuation, and sentenced the prisoner to two years' imprisonment with hard labour.

HORSE STEALING. John Albert Halbretter was charged that he did, on the 2Sth day of January, 1874, feloniously steal, take, and ride away one horse, the property of William Hobson. Prisoner pleaded " Guilty." The facts of the case have already been reported fully in our columns, on the occasion of the committal at the Kesident Magistrates Court.

FOKGEIVY AND UTTERING. The same prisoner was then charged that he did, on the 23ndday of August, forge a cheque for the sum of £45 Bs., and that he d l d afterwards utter the same, knowing it to be forged. Prisoner pleaded "Guilty," but offered no statement. , The police, on being referred to, gave the man a bad character. The evidence in this charge alsohas been fully published. . . His Honor then sentenced prisoner to three years' imprisonment on the horse-stealing charge, and two years' for the forgery and littering—the sentences to be cumulative. STEALING FROM THE PERSON. Catherine Palmer was charged that she did, on the 13th day of September, 1874, feloniously steal, take, and carry away from the person of Tapa te Whata, a Maori chief, the sum of £Bl. Prisoner, who was undefended, pleaded " Not Guilty." The Crown challenged two jurymen. The Crown Prosecutor, in opening the case, reviewed the particulars briefly, and called the following evidence : William Firth, sworn, stated : I am an express driver. On the night of the 13th September I was at the New Zealander Hotel and saw the prisoner there. I also saw the prosecutor there at the bar. I remained some time. The prisoner was accompanied by another female. The Maori was getting drunk. I saw him pull out a handkerchief of light color from his breast pocket, which I believe contained Bank notes. He then put the parcel on the counter. The prisoner s»w it. He then put it back in his pocket. I left before the Maori and the prisoner, about half-past nine. Tapa te Whata, sworn, stated, through the Interpreter : I was at the New Zealander Hotel on the night of the 13th of September, and saw the prisoner there. I had £BO in £1 notes in my left inside breast .coat pocket, wrapped in a pocket handkerchief. I had other money in another pocket. I left the hotel with several Europeans, and went towards the Te Aro Pa. When I got to the lane leading to the pa the prisoner came up to me and put her arm round me, and felt me about the breast. I went three or four yards, and some man canght hold of her. I heard them talking together. I heard the man say " Money, Maori." I then put my hand in my pocket and found that the handkerchief containing the money was gone. lam quite sure the money was in my pocket when I left the hotel. To Prisoner : I did not find your hand m my pocket, but you were feeling me about. I did not offer you two sovereigns and a ring to go to the pa with me. I did not say you had got a brooch of mine. Philip John Murtagh, sworn, stated : I recollect the 13th September, when I was at the New Zealander Hotel, where I saw the prisoner and the Maori ; the latter had been drinking. I saw him pull out a. handkerchief containing notes from his left inside breast coat pocket. He took out a note, and put the bundle back in the same pocket. I left soon after and went over towards the Te Aro Pa and waited near the Royal Oak Hotel. I then saw the Maori come along with a European towards the pa. The Maori wa3 bareheaded. They then went on, the European leading the Maori. I saw the man trying to put his hand in the Maori's left breast pocket. The prisoner then came up, and the European man turned to her and said, "Go on, Maggie, I can't manage it." She went up to the Maori and put her arm round him, asking him to take her to the pa. I saw her put her left hand into his left breast pocket, and take out the bundle. She then put it behind her, and the European stepped up to take it. I rushed up and checked him, at the same time calling to the Maori that he was robbed. When I checked the man he fell, and I fell over him. The woman then jumped on my shoulders to keep me down. As we got up the man ran away, and I took hold of the woman, and said I arrested her for robbing the Maori. The latter put his hand in liis pocket and said his £BO was gone. A sailor then came up, from whom I asked assistance, but instead of rendering it he tried to rescue the prisoner, and broke my hold of her and struck me. I turned round and knocked him down. Then she struck. I then knocked her on top of him, and went for the police. I did not see what became of the parcel. To prisoner : I did not ask you in the evenin" if you were going to rob the chief. I never Baw you in my life until at the publichouse that night. This closed the case for the Crown. The prisoner then addressed herself to the jury, saying that she did not have the chief's money, and did not put her hand in his pocket. She also made other remarks, which amounted to a denial of the charge. After His Honor had reviewed the evidence, the jury retired, and returned in an hour with a verdict of " Guilty."

The police, on being referred to by the Judge, gave the prisoner a very bad character, as did Mr. Head and other gaol officials. Hit) Honor, in passing sentence, reflected again on the very bad arrangement of the gaol accommodation, which did not admit of separation or classification of prisoners ; so that any young woman who might receive sentence for some comparatively light offence had to be placed in companionship with such persons as the prisoner before him. He wished to publicly express a hope that the authorities would find some means of placing the prisoner in some gaol where the punishment coidd be much more severe than it seemed possible to give in the Wellington gaol, and where there would be means of keeping her from other prisoners, that she might not corrupt them. Prisoner was then sentenced to three years' penal servitude. LARCENY. Jacob Hebberiy, a half-caste, was charged that he did feloniously steal, take, and carry away one spring cart, the property of Eapiha Moturoa, Prisoner pleaded "Not guilty," and conducted his own defence. The Crown Prosecutor, after opening the case, called the following witnesses : Huhana, sworn, stated, through the Interpreter : I know prisoner and Eopiha Moturoa. I recollect in July last Eopiha had a trap, which was kept at Waiwctu, where he left it when he went away. The trap was left in my charge. The prisoner lives with a woman of the same tribe as Eopiha. He did not ask my leave to use the trap. I saw him take it away. I never gave him authority to sell the trap. To prisoner : You only used the trap once, the time you took it away and sold it. To His Honor : I did not say at the Resident Magistrate's Court that prisoner and his wife used the trap whenever they wanted it. (Witness also denied knowing anything about her depositions at that Court.) To prisoner : Your wife is a grandchild of mine. Eopiha is an elder relation of mine. You have lived with your wife in Kopiha's house a long time. Another Maori witness sworn, stated : I know prisoner and Moturoa ; also know a cart the latter had. I saw it standing at a coacli builder's at Pipitea. After it left there I saw it at the residence of Ebden, a European. I spoke to tho latter about it. I afterwards saw Hebberiy, and asked him who brought Ropiha's trap here? He said, " I did." I said," Tor what reason?" He said, " I brought it there to staud there." I said, "Will you get it back again?" He said, " Yea." " When will you get it back?" I asked. He said, "To-morrow." This was

on the Cth of August. I said to him, " This European says that he bought it from Duncan?" He replied, "Yes." I asked,"Who took it there :•" He said, "I did." I said, " Why did you?" He said, "I took it to Duncan that the latter mi"it give it to Ebden to take to the coachbuflder." I told him I did not know that was the proper cour.-e. The wheel of the trap was broken. Ropiha is at Pipitea, lying ill. I have seen him to-day. He can't rise from his bed. To prisoner : I cannot swear that you told mo you brought the trap to Pipitea; but I know you.brought it there. Re-examined : I knew that prisoner brought the trap to Pipitea that it might bo repaired. Henry Duncan : I am with my brother, the auctioneer. I know the prisoner. Remember him coming to me in July last, when he brought a cart, harness, and side-saddle, and wanted them sold by auction as soon as possible. They were sold. Mr. Wm. Ebden bought the cart and harness for £6. ' Prisoner got the money, less sale charges. I gave him the money. The document produced (receipt for money) is signed by prisoner. I asked him if the trap belonged to him. He said it belonged to Plimmer, but he (prisoner) would give a receipt for it. To prisoner : It might have been a man at New Plymouth you said the cart belonged to, and not Plimmer. This closed the case for the Crown.

Prisoner then requested to re-call Huhana, who said in answer to his question : I don't know where you were going when you left the Hutt. I did not know you were going to New Plymouth to Ropiha's place. The prisoner called Henry Tepuhuni, who was not present, but Naha Tepuhuni came forward as a witness. Witness not being baptised, there was a difficulty about administerin"- the oath. However, he aflirmed his belief in God, and was duly sworn, and stated : I knew that when you went away, aud were arrested, you were going to Taranaki. Your wife is living at Ropiha's place at Taranaki. She is your wife by the Native custom. You have been living with Ropilia at Pipitea, and sometimes at Waiwetu. Your wife is a near relation to Ropiha. The prisoner, who had all through the case displayed considerable intelligence in conducting his cross examinations, then addressed the jury in his defence in a very able manner, putting his case strongly, and taking advantage of the weak point of the prosecution, which was the non-production of Ropiha Moturoa, the owner of the cart, and who, the prisoner stated, had not taken any steps against him. He also dwelt on the fact that the Crown had not proved that' Ropilia Moturoa had not given him the cart. He asserted that Moturoa, when leaving the Province, had told him that if he liked to go to the expense of having the trap repaired he might have it. He had always been in the habit of using it whenever he wished to.

His Honor in reviewing the case and charging the jury, said it was a matter for regret that Ropiha, the owner of the trap, had not been produced in evidence ; but as he was ill that was impossible ; and as the counsel for the prosecution had not applied to have the trial postponed until he could be produced, the case must be taken on the evidence as it stood. The jury after consulting for a short time, found a verdict of " Not guilty." The prisoner was then discharged. ASSAULT WITH INTENT. John Westock was charged with the above offence, and pleaded "Not guilty." After the jury had been sworn in the Crown prosecutor stated that the evidence was thought not to be sufficiently strong to secure a conviction, and therefore, the Crown would abandon the prosecution. The prisoner was consequently discharged. The Court then adjourned until 10 o'clock next morning.