SUPREME COURT.—CRIMINAL SITTING.

Otago Daily Times, 6 March 1865, Page 4

SUPREME COURT.—CRIMINAL SITTING.

SITTING.

Saturday, March 4th.^ (Before His Honor, Mr Justice Chapman ) Hia Honor took his seat at ten o'clock. BEKTBNCK. John Scott, cmivicted of manshutHr'-er-twdre i > months' imprisonment, with hard labor. A VBHY OLKAB CASE. Thomas Burns *v indicted for baring; fc lonion<jy and vinlently robbed John M'Ater. Th • Crown Prosecutor a»n>lucted tbe cue; ami Mr W. W. Wilson appeared for the prisoner. In November la*t, the prosecutor and tbe priioncr were going up country togciher. On the afternoon of the. 30th, they armed at Kileoar's Ilote), tbe Half-way Hon»e, Pig Hoot, each had three or four nohblera : and nboat 3 o'e!o"k, the prosecutor ankod to be shown to s bedroom, tiamuel B!chard Ei!cy. tbe barms". «hriwcd hfra to one, and then .went to the (tables for a few minute^. When he did i-o, he beard a smtttie'cd cry from the bedroom ; nnd going in he found the prosecutor lying on tbe bed. and tbe prisoner staoaint? over him. With his left baa'l> the priioncr was •• twitting away nt tho proJOeutor'e neckerchief," nriil with bis right hand, *' be was punching him as bard as he conld about the . faea." Biley palled the prisoner away And punbed him eat. of the room Blood wo» flowlnir from the prosecata/s none; and when Bi/ojr . anked. " Shall 1 get jon some water to wa*li youroWf 1" there wm on/y "sgtittera! noise in reply." However, Biley fetched water; and as won as the prosecutorWL sufficiently recovered from the cboafcing and fl* blows to be able to *peak, he stated that th» prisoner had robbed him of B bajr of money, ttiley nt race called three roe- to him —Daniel Adlcy, WlHSara Long, ami""MaUn—and. n —and t'*y started after the prisoner, who had then got a. quarter of » mile from the house, sad was '• gn'me, off pratty quick." Adley, the cook at the bote', ran faster than the others, nnd on comiDg up to the prbonet.he sfk'd, "Whit have you done with the man's putue 1" He caught the prisoner by tbe ttbouWew and twi*t«l him rourul; and ha w>s thus enabled to eec thtt tbe prisoner htd s teatbor bag in his bind, and was patting into it wlmi appeared to be a Bauk note. Mnyd and Matt had now come np. Adley demanded the tag. and attempted to take it; the pHeooer reruns I, bat a. smart rap on the arm with a stick which Adley carried,' mide the prisoner yield. Adlcy then took the lead, bearing the tap; and the prisoner, h-Id by Lloyd nnd M»tt, felt bound to follow to tke hotel. There Itiif-y turned out the contents of the ting, so that the prisoner might fee them ; returned them and acatetl up the bagi; and then tied the prisoner and sent him to the dining room. After ajshort time, not being very closely watched, tbe prisoner slipped the rope nnd got outside, bat not before KiJpy had discovernd what w«a pnnslnn and hart called again on Adley. who called to Cnh'u'a groom. Haeh of them cot a stick and ran to the prisoner, wbo was not flourishing a knife and using tbreaU. Adie* and the jrrooin told tb* prisoner tbat if he did not drop tlw knife, tftey would make him; to which he responded bydashing at Adlcy •' I foueht him.'1 said Adley,. in Ma evidence "for several minute*, but at Jast I slipped, and only that I rolled over on mjr ade, he would bavo caught me with tbe knife. Inrtefcd it which the groom "caught" toe prtPoner with a stick ; and he was soon captorea and neain taken to the dlninproom, where i« wa«tii!s time chained. BSley, tbe prompt, hta. before this sent off a rider to Coal Creek for* ] mounted oon«tablo; and early next morning, toe prisoner and the ,b»ff were banded over to trooMfv Cutdiffe. In Die bag. when it was brought **<* to Uiley by AJley, there wa-* b deposit receipt pr LB6, and' moneys, all of which the pntacator now Identified; and there wai also a h5 note whioh was not ia the baur when t!;e prrtmerstoie it. This was unqne<tionably the note wfcieti Adley «»w tbe prfsooer putting into the bac^a* : the prisoner's possession of it was accounted for by Kiluy, who had «übed for him a cheque for t8 odd, to enable him to pay tor two nobbters. Mr WUsod, for the defence, said that hoeouli only tell the prisoner'^ own story— iliatMtooK the nsftney meaning to preserve >k for tn» prose* eutor; and, in addition, nrga the «tr«a(fene*t« the priaooer waiting unti! ia. a public h»"«'B attempt a thine wbiob, if. a robbery, coald n»T« been attempted oil thoroad witi ten times greater chance of escape. ~' _ The JudKO simply told the Jury, "I leave the case to yon* nenfiemsn;" and they"6 once fonmd tbe prisoner ttailtj. ; The Frfeooer, on btioitchaaeflfte<l why sentence should not be paosed, raid—"Diink ii at tt« bottora of it. Up to this. I hud always trim Utzstnn ioncdt Hring. Bad bad, eueceoded." The Jtrigo asid that if iho prfawnor had n«rf » stick oir other weapon ia tha attack npoa tie prosecutor, tbe sentence would have bom one or penal unritod* for a long period:: a» it was, «*> priwDer woold b» impriwaed and kspttobaxd' labor f<jy tlirw years. Ths Judge; On Bfoadoy next, Mr JartK» Kitbmond will ait to try tfic eivJoues; mil bopa that ot Monday week tao Crown will » V7*r-m>ti to «o oa with the cano- agaiast J*rr«j. *Phe Oaart was adioaitiea.

TJien> wi »typographical error lB 'le^S^ and which wo correct a* a matter of »mp»« J££ ti« wi t'ift polj« officer* ewwenwd wl* ™* £eLt Hamfi's evidence wm that il*!*!? tbc priwner leave (he boj«l «ad btr Wm: «R p«hffljded-ao* " tea" mum**,« *« P"8 ***- i