SUPREME COURT.

Otago Daily Times, Issue 7538, 15 April 1886, Page 4

SUPREME COURT.

ORIBIINAL SESSIONS. Wednesday, April 14.

(Before his Honor Mr Justice Williams and a

Common Jury.) CHARGE OF SHEEP-STEALING.

John Heenan was charged with having, on the sth of February last, stolen one sheep, the property of Robert Robinson.

Mr Haggitt conducted the case for the Crown, and Messrs Macdonald and D. M. Stuart appeared for the accused.

The hearing of this case was resumed at 10 a.m.

The following witnesses gave evidence for the defence: —Daniel Heenan, Alexander Bathgate, W. A. Sim, John Vezey, Thomas Caradus, Henry Bl'Donald, James Heenan, Gilbert M'Dermid, Joseph Baxter, and the Rev. Dr'Stuart. The two last-named witnesses were called to give evidence regarding the character of the accused, and both spoke favourably regarding him. The Rev. Dr Stuart said he had known John Heenan for 26 years, and regarded him as a very impulsive maa, but one who was of a kindly disposition and honest.

Mr Macdonald addressed the jury on behalf of the prisoner, and Mr Haggitt for the Crown. His Honor in summing up directed the jury that it was first of all necessary they should be satisfied that the sheep had been clearly identified as belonging to Mr Robinson; and if they were satisfied upon that point, then they had to consider whether it was taken with felonious intent. That it was taken by the accused was admitted; but if the jury came to the conclusion that he took it honafide believing he had a right to take it, then he was not guilty of stealing it. If the conduct of an accused person were reasonably capable of two constructions—an innocent one and a guilty one—nud the jury wanted to find out his intention from his conduct, then evidence of the previous good character of the accused was worthy of consideration. The Jury retired at 1.55 p.m., and an hour afterwards returned with a verdict of "Not guilty."

The Crown Prosecutor: There is a second indictment against the prisoner, your Honor, but I think that practically the prisoner has been tried on that indictment.

His Honor: Quite so. The case under this indictment is stronger than the case under the other.

The Crown Prosecutor: The other case is Reid's sheep. I don't think that I ought to prosecute on that indictment.

His Honor; No, I think not. The Crown Prosecutor : Then, if your Honor pleases, I will offer no evidence on "that indictment.

His Honor (to the jury): The Crown on this indictment offer no evidence, gentlemen, so you will find a formal verdict of " Not guilty." It is just a formal matter to get rid of the thing. The Jury returned a verdict of " Not guilty," and prisoner was discharged. This concluded the criminal sittings.