SUPREME COURT.—CRIMINAL BUSINESS.

Otago Witness, Issue 568, 18 October 1862, Page 3

SUPREME COURT.— CRIMINAL BUSINESS.

(Hef.T-e M-, Hoi.or Ju' ! i.a CfCvson.) r i'ui;=.DVV. lint O^ionrn. Air Jti3tieo (-jre^M) i too I*,1 *, his s.- it at L".i o'clexlc. caAitert; of kiicmving stolen oooas.

Wolf Kiaes (on bail) was indicted for having on the 7th June, r.tolen 90 Crimean shirts, th» property of J[e-sr a I'erKitis ai.J C->. ; c >2-oud c.u.t ch:«,^ni^ him with ru .'> n .' '.he g> o is veil knowing theui to have b> ! en sto'en.

Mr ifavt iii aiid ?lr V.'anl defended the priso".'r, Ir appealed that on t'K- 7:!i J'lae, Detccthe Tuuv•well frcjivcei inform if ion tii ,t the p o^ecai sis' picmises hid hcen "-.ibbed, ami li" nbtiined -i de..cv piion cf the 9joo Is «tolen. Ou t.ie 23' h July, he obtained a search variant, aid w>~:itto a shop in the Aictde, kept by the piisoncv Tnekwf-1! was i'ccompauicd by Messrs .Tohu nml Wiliii.u 11. Pei ain^, a-.d when he said tha* he had a be.toli-w..ua.it, the pn&o'.ur replied, "Allrfrht, Mr. Tuekwell." lie &.aivlnd. End found the Cii'ui-an shirts pro-lnccd ; and loth theprose/utnr* i.lonliti'd two — a. black nr. lid oiu, damaee-J on the lixi.t br a-t, and a brown one naunt,' a sjjjt on the left breast— .is having been s'oion from them. The other shins were IxM.-jvcl by tlie prosecutors to be their p'.'op"rty, because they cone=ponded in make a:.d paMei.i, and, bcciuie, on the nocks, where there should lia\e been private marks, oely stitches were left, sug-e^ns; tli3 purposed tearing o.t of the small t«Vket«. The pre.secutoi'S had ■! 'scribed tic two damaged shirts before to the prKoner'b premise, and Tuckwell was the first to notice them. The two shirts ha/1 bton brought with others fiom a country s^ore, nnd place 1 in Jlcys, i'dkiiiN 1-*1 -* cellar; an. examination of thetn bcinr afterwards made, those that were considered fairly paleab!" b"inc; removed to the shop. Two fhops belon'xins to the accused were searcliel, and Tuukw^ii he'ie\o.d that the iuentineJ whirls were found in th» lower shop. Tlie prisoner's acconnt from the first was lhat he bought the goods in Daniels' saie room here, or at some phec in Melbourne In cro:ss-cviTu;uP.t ; o.', Mr J- K. Perkins doided thst he had ever to .Mr Abraham Solomon •' V.'c have been robbed cf n quantity of ?t^ek, but unfoiiunately we cannot identify any of it," and iMr Win. Perkins slid tliat to the best of his recollection and knowleda-e he never made any such remark, M> Ra ton. in addiee^'n^ the je.ry for the prisoner, contended that the alleged str.in laarks v.eie u^e ofor pnrpoMsof identification, becau-e a wh.i'e i-iece of inai^rial wr.s frequonta given ou(. fo oiw pcivja to h n rnide np. thc-e boiiig an acjidetna! staia tino'.i^h all the folds to the central board. Tne idenUie I snirts were of th.j mpst ordinary mikes, the witm sscs beina; forced to ;e!niit th.t flirts pruluced to then, and which they t'id not el.vm, were of exactly tae same construction. Air John Daniels ?aH that ia June last, he sold Crimean shirts by auction, they were soiit by Aiew-, Dalpety, Rattray and Co., and were sold in Jot-,. Some of them were exactly similar in pattern to the red and black one produced, and the priso er was a purchaser. Tiie s^o'jiU were tho cieuin^ out of a store at Oa^niru, aud the probability was that the; were damaeed. By the (Jrown Prosecutor : The sale was about the middle or end of June. It was an adveitued sr.le, and he fould, by reference to his books give tlio ex ict date. The stock -was a general assortment from a country store He could pioduce his iast ructions .md his book^ if necessary, but he did not know upon what pohts ho was t> he exxmined. nor iial he beeu subpoenaed to produce the Imoks. lie ■would swear that he never told Tuckwell that tiie /T?/ T?r t ::.7."r\?Hd~ not Dou.'tit Chiinnrtr- :'<>■> l~l ~ - c J>i; ""DVi"did he ever to Taokwcll or anybody el-c sny that he knew nothins: of the piisoner. He had had many dealings •with the prisoner. By the Judge : He Jiii not carefu'ly examine all tlie shirts, hut he could swear to the exact siiniiaii'y in appearance bet.veen some of those he sold and the red and black one on the table. He could not swear that any of them were stained, bat he repented that from not bcintr iicw stcck, the probability wa* iiu.t they •were da aer.°l. Mr It. M. Marks said, that in June and July 1-nt, he •was carrying on bu r -ino^? with the prisoner, at ][) r.nd 25, In the Arc.rle, and had been so froui January la-.t. Previously he was in business as a clothier in Swan-ston-street, ilel bourne. He knew that prisoner bought an assortment of poo-Is in Melbourne, itieludinp; ti quantity of shirts like those produced. When purchases of ftouk were made, he (the witness) en tore I them up, and there v,-eie ia court invoici s for all the stock in both .shops- The. invoices handed to him ■were tlio-c of'tho purchases from iJanuh. The date was the llOc'i June, but the toods were deliveied ou the 27th or 28tl . Theie were frty-n'ni'j (Jan.can Bliirt3 in<'l-ided. They had had stained .-hirfs in both their shops. Just behre the prk-oner was arrested, the roofs of hot.i shops were wy leaky, aud he (the witne«) com])l.iined to Mr Fai "ley's sisiM.t, binwiij/ him stock that had ! cen damaged by tlie leakr^'.. When Tuck^' cli and Perkins had s^trchut the shops, Tuckwell c°.!'ed liisiinto a birk room and said, ' "You know I d-in't like to see Mr Ij-caes riiiii&l. You had het^r t<-ll iue where he bouiiht tho--e sliiit-3." He replied, "'lf „t hiui <-i >I<-ji liiro, I mt'-t have known it as v.c Lave b in^ht at auction or m the regular wnv from j 1 - silo liou^c. " By tho C'-owi' I'rcseejV'r : Some of tlse sl.irta produced for the rrisoner vere Imi '^ht i>i Danedi.i, -pecirdly for thi- cf-.o ; and otheis were obtained from Mr Go'.ien, e-f MJboume — a ■«ui!uown aucnue r. The object \iuj to shov.'th'it th^ f-i.i. '.s, pnid to har.' ' been Btoieu, liilcht h.^e been bought in either place — tiiot tliey woe co;ni;.onK s^old. Mr Alboit TucKor said lie wn3 a mmufajiurer, < chiefly of Ciim'-an =h:rts. He w,is m.v tr.ivl.inir for ' Messrs Crcoley, of Jl ilb.nirnc ; and l.a-l Jiad f,eve;-.d traus'iclitm-- tin ]>rir, mei iv Mi'lloutiiP. Tlie : Crimean tliirto wjremaloby tlie posier class of ■ neeiUewom.ii Swai -ti-ac-i ih.i mitfrial wf.s iri'.en Out cut, at other- a v. ln c piece «.i; civen out to a •worker. lw lud fieq.imt'lv w:s n ] if.-.c; of the stutf stained when h• v spie ci fl.^in i.'o bjlieved tliat the niar\ on the le 1 u:\tl bhuk Jiiit cam? from damage in tlie pW'e-piobah!) before jnLntir.tr. He had Been plenty i,f sliirts with s: ur tbjls, similar to that in the ied and i/.ack shirt prod ic'j.L lie knew tint Mi- Crooley had made thoaounds oi bhi.-t-. of this, pafffin. Michael Pollok, ITsnry Jonc:, und V. S. Harrison gave u.iiaijiO'tnii, c. idwice. Henry rmith, a hoa^e caipent^r. said that ha kr.ew the pii-o-ier some time in i\lelL'airne : ani they camo to i)autdin tufvJtiier. tJJ-fore Manincr he paci-.ed some goods fj" t'i.j p-j^ire.. There wcro red and block slsii t--. a:id also g:ij one?, like thone produced, among the Jlr Jami- Unld-milt, manacrer for Me3«i-? Rin#, Ilftrri", and Ci.. siid tint *t!u> pii>oner had ha I dea'in^.s with tlat friu. The shins produced were, in nil respects, o:dina:j obc-^. Mr Dr.vid Weir, a^'eiit fi" 7\fr 11. Farley, corroborate! th". stauti.e-nt of A[ail^', as to & inplaims beinj; made in May of a li\.k in tlu wot ol the shop. Marks «liowe ! lii'n ;i brown shirt, which was spotted while in '!r- wii clow. Mr. L rtii Sampson, merchant, «ai I ho had known the pii-.Liier and had dealin.s w.th hiui, for .^e-ven or eight >t.irs. He c*!isiderc;l ih» pii^oiier a very rr&pectabls iv.n. and he wttild not mind trusthi'"'- him £500 to u.i,5 t-nv. Mr Alnauani S> loiaon, clothier and outfitter, staled that t'iree or tliu- montlis ago Mr \V. Torkins told him th >.(■ tli';y had lf-t a u'.uid de d of 'ty;k by a robbery, buf they coul I not recover it,l:ecau*-c they could not i lunlify iu.y pa-t of it, nwiti^ t > it-> being regular slop -.tuck. Mr. J. H. Pukins was pj^unt during the con\ersat.on. By tlie Ciown Fros^eutor: He ha I been in trouble nt Waiip.'mna.. Hn <.nM ab ut '200 ounoes of l;ihI to the Bank of New /'.oi'.a-id, and w.i-, piid in postdated not- s. The. p'>.be t!i j re, not knowin« oi fie exM-'nce (»f tho Bank, supposed tn n notes to be fo,' goii'P ; ai.d one very energetic oHie-tv arre=iod him and tork him U Tuap ka. There tiie ma^Utratc at once dismissed him. He had also been in '-trouble at Raudhmst, A s-afe was broken oven and a coi.biderable f-um of nion-y was stolen." It lioloiiTcd to nmi"c'f, but a party connecte'l with him in bi^mcs tri"d to provj that lie bto'e it. Some proceedings were Couvnr-nc«d, but the Attcmey-General stopped tl:eui. He (the witness.) wu<; pevf-j'itly innocent. Tho JuJcru : Jiut very unfortuu.itJ it must be admitted. (L'uichter). The tlrown Pi o-wntor having replied on the ense, TLe learned Jud^j smnmed up very carefully leading the whole of the evidence and coninn.-ntin2 on it us he proceeded. After a few absence, the iury returned mbh a ye diet of Not Gui'ty. " The Court rose at ten minutes after six o'clock. Wewxi:si>ay, Octodf.r lorn. Hl3 Honor took his teit on the bench precisely at ten o'clock. CHiUiJE OP rERJUUY AT TCAPEKA.. Jnme* Harris was indicted for liaving, at Tuapeki on the loth Apiii, beon guilty of v»ilful and corruut perjury. iMr Birton and Mr Ward appcareil for the defence The Crown Prosecutor stated the case, of which the following arc the HJjort facts :— 'lh» prisoner and the proiecutor,Ger r heh 'c Bimmoab, were foruu rly in paitne'--ship at Itichmoiid, near Melbourne, as owners of a billiard room. Tho prisoner came to New- Zealand and took out a uu«ne«s license on the gold lielris • and having returned to Mell.oarne in December heproposed to .Simmons that there FhouM be another purttieiMiipforcariylwtjo), the billiard babiue^s in New Zealand. Tlie prisoner diew up two copies of an " agreement for partnership," which were Mjmc<i and exchanged. He and tLe prc&ccutor bought a Table for £50, from ?dr Theynas, and ear:!) paid £25. The prisoner bou(?ht a tent, for the billiard room, inui on producing the bill. Sinimor.s paid half of that amount. Hkittle" and quoits were jjiirdiTJed in thp same wnv', and tho parties started together from Melbourne with nil their apparatus. Here, a drayman named Abel Norton, was hired to convey the table, &c, to Tuapeka for £15, but on the way the dray was upset and the table somewhat ii'jurcJ. An 10 (J was given for the £15, and Norton suing upon that document, the parties appeared before Major Croker at the Gabriel's police Court, and the prisoner repeatedly stated that

he and Simmons were partners. Since then he had rxp'ained that he meant there was a pnrineisliip in the matter of the cartage only, which (siiltl c (.'ro'.n Pic<«cc:i:oAv.,n a iliiiu -ul c^n-.y ph^nvlMe. Ai\<>? awhile i.ic- prhrouc r willed to '('is pj c of lim inti'ie-t in tiie oirein, Int Siniino'i, h d r.of money onoaa-'i to buy hi.n out. aii'i cuM notuive seeui iiy. Tne pi Loin r eite.ed to .weept Lod, eve.i in 1 j weddy Jn-t'diiianti, Only the n?mo of tiie piKonenlialatany ti>ne appealed over the door of th^ tent, ; foi- ho had siuirisuiJ to Si nsno'is that if it wa^i known 1 | bjthweie conij' iiud two lii'Cii-e-. wend! be lv.piiiel — which an )\U tiii ci^ I—iad1 — iad 1 1; it itwoiild I) ' i c tor w I's^lu. naiiti 1 <),dy, Li-. ]>"jri)Ufly o'lni'iod ll eiiio ■ nil having <_\jiir -1. i : in Hug Unit he could neiL stll his Mnrf\ t'uc pii^onei" anu-uuic^d a sale b'-' auction '■ o* the tible. tent, all futi'i;- ; bu f as SiniMions ' attPiidel, and read a incttsfc tli.it ho was a p .rtnu-, no sile was nr> le. Tlie prisoner th*n made some auwisonti'nt ,uth Frank l J e!linij, a vaiier, and vhen 1 Si;ma-)i«; r.'ta.-af 1 to the to->l i-l \ho aftfliomi, he nmnl t'ledooi-ioJio'l. Bjli"vin,' tli it lie Ha> j-<a-fifd, Siin'nonb cut tlio canvas at tho back, and rook from the trnt "otiio cloUirs, t>vo biltl n s of cor-lial, and iialfa b -x of eu.u^. Pelling u.iv a him into eiisioa.s for b.-e dci!.^ a-i I i-tjaliui; ; and tha prisoner swore di'tiiietly, and more than once, tlr.t th^ tent aad table \ t-re his sols; pro; e.-ly, -uid that nothing liko a partneHiiw dot>l exiite.l. " Th(> uiasr'strafe, knowin">'.hn,l had \)\ s:'i in tl.e t-uit ot'.N'o ton, nMua'ule i Hi'timon-a on Irid, that ha i;n^!it send for the doi-u-m^nt sirracd by tlie pn-oncr.'tnd which he (Suninons) had left -with Ins >vif.> i-\ Meibcurno. When the document w.%-> vi '••i\t i d, the ma^istratpdi-i'lvirgo I Simmons, and committed the prisoner for ))»i!ury. Tlip n rown P'wcu'or hiving clnod h'n statjmevt, Mr 15,irfon complaiicd tliat s-omii impirtaut dooum.nts ii t''e hau,is cf the police, and as to which, au or.ler w\s mo lo a (c'\ r days ago, \,c:o not in Court. Sub-ln-;i f ctov WoMnu ■'ml that ho had never iie^n applied 10 on the subject, altliough he La 1 been eoa-sta-itU in Comfc. Tne Ju'ljjt ■ -niii th \t th^ ordpr v as that the p: i-oner's so ! ic'i,j'.' tiioaliJ ha-e acc<.s> i. .tad be nllow.'d i.i i<\a.\3 is>pic<! of t.,e di,cuia. l un. If he had not applies I foi aircos*. if hid no orrn'm 1 ot fv.ujili'int. 7.1 1- U'arJ stated th'U he iuid applied at tiie Police Oflic:, an 1 Leon told tliat t'io doeuni"nts wruld not be liaiu'el to him until lift 'lbtiii'scd n Judg''.soidor. The .l\v)>^ said that such ml order v.-a-j not ?i j > r> li• d I for. Thy - hiiplf four-. ■ tli it n-:ib op >n lnd not been lakpn, and to urge complaint: now u-ls a i-lieu* w.i=te of tlr.ic. Mr Ihiton cont-fu'od l at it wp-s pssential thnt the ju>-y should kno.v tho nwk .-in! position in wlneli (lio pii-oner bill bj°u place 1, through the documents, not l.aviiij; lircn pro'iuru 1. The Ju ic;e : Mr urn Lin, once for .ill— once for all. I &ny -if jou do not b.'h'ive in ajllifercnt, maniiti 1 , if you keep inteir.iiiciuK the (Jourt in this v,n\ and wa^fiii" tii'ie, I wi'l ni'.ke an order to canuiut you. Mr Barton : Very well, your iionov, I mu-.t «o my outy. '1 ho piwcutor w in initially e-:an.ined, anl t'mn— Richard Eiiwini FiilJ, c!o. !; t > tlie un-;i>trntp at Tuapeka, was call^.l. lio s\id that he clcailyre- I inein'iered the : j¥w! m v .SV//J ■»'»/..* nnrf llnri ii. Tiie privor."r tfiou sfa'e-d oa oitli, tiiat v-,u a. pi.rtnr.- in tiie table. Tiie wit»e--< produced thu depositions taken in the cas. 1 ;u:siiu«t Simmons, wbon o'l.ir^l by Pulling w.th lnu-c'ireaking a, id vobiiuiy. PoitiO'inof the piiso.iev's e^iilcnc \> - ere as follow: — "' T'no billiard table and tent were mine, but arc now Mr Polling's. I s.ild tic placet) him on the Ht'i or 1jl!i Ai>rii, tho day lor wiiioh tho public bile was crdle I. I saeai thu I have no partner in the billiard Üblo, or the pboo. I never aokuowle lued _iou ;i? a jiavt ut of iniue. I positively swear that t'u>ro ii r.o dtcti of partncvnl.i.i hi-tv.oeu you and m^ You qi.l n , * [i i/--»')'ie liali. of tho aut'iunt iuf t'ur i tible. I oauio.i >ou LuO V> yo awa/'j.'u>ai i'>r ; . -c. j I i.iay Imo toi 1 some one t'n-t J omved you i^m iii i jour share. It may bf worth LTviorL'SO lOLefiid ' ofn man." '' 1 -vva"- called upon to^ive fviiionco m my defpnc: on the 'inmuons of Norton, and 1 was i|U''b- ■ tion"d ns to the owlii .ship oc the table. I don't think | I wasa-ski'd "i.hose proport) if wa->. I doa t rorol'ect . s.yeuin.; that the biiiiinl Hole was Ih j suit \ rop.'ity of Siinmons and niy.^e'f ; I swore that, lie iaj a partner in the tar. .nation a> to the c ir f n,'i i . 1 bvi ar i!. :t there was pi pirtneisliip in the Übiu oxi ting at the I : tiiiu 1 of that trir.l." i The pr.-s^cuior was reenlk-1, ana lip corroboratil the opeiiiupr s-Mit'-maut lie added tbat < when ho v,m~ eicpvca-.j tiu- aniviil of the partnership d^cd fiom Mt'lb-'ui.K\ the piisoner in the pr^sotv.'e of one FWi"r, ottered him JAO if lie would not produce the <;e ci 'l in C >urt. _ [D'iriii" the ex.sm'nition in cliicf, Mr Bartnn Landed i:i several written objections, more espr ciallj aiiaiusi t'>e a'imiision of evidenno rcpictim, tht c.v; of : Norlon v Simmons and Harris, ou the c-ronnd th it the summoi's and tlie receud list of decibions ou»ht to 1 1 rive bocii produced.] _ I'y Ivlr Baiton : In tiie invoices produced his name did not occur. The invoices referred to some things b Jim lit b/orc tne ;ui cement, h\i pfterwaio^ biou;;it into the pirtnernliip, and to otl.m--. j,urchasi d .sub'equent to tho a«ie •n.entf. He would not, bwoar tliat he liad ever ,v en an iino cc in which his own nniti'; \,,is couple I v'.iih tliab of the p< lS nier. He paid Ids half cf f-vei-'tiuiia: up to th: time of Kaving Mclbounie, Lufciruiu tl'at lime 1 to th'i C'jiniiU'nci'iueut of the biiiinc ;, tie privJncr paid c\ 'rvt'iins; eve >pt hi.(Siinmoua't) pi^.'jo-moiity !■} tho A l ' in s ''., toiv:uds which I.c p;.<d L 2. There wru a "sij^tcir"' Miai,t\ i.ttnjhef to the t< r.t, and tho (nldo w;w proflfibfo 'htrinp; l! o wo ir.i.-i'li. they c-ivvlc 1 on I'iisiu.. ,--. They o »• .'n.\ took Ll3; but p..r'.np, the aveii.ge did no' .'\. <cl i-S v (lav in all. Wit'i hih slam of the prodN U" pi. lt!ic prisouer the aiucunt of his oxtia e"pf)idiiu o. Ther^ was f;>cli iii^lil ,i di\ ision ma-le of the vi.i ir-. s ie:ei\c :. llj -w >re that the divi-iun was lcsul.ulvm'uie, :m 1 up to thy o.U Amil, a 1 las sb.ue of prjfi'u v.ant in rep".ymeuU. All was then oqua'.e bet\.oen thiiu. Mr 15-rto7i, in lu-j .tLlic«s to the .Tuvv, f-aid that a iran mi^ht state upon onta a tiling \-iiic'i was fiUs, .mi 1 , not commit peijtiry ; raid there was a ca--i in the liooivs, of i. ra'iii wiu, liavinu; htated -,vlnt was nb-o-liitcly truo, was com k ted of peijury, bee m-.e nt the time hedi'l i»ot krxv\ It to bo tr.ie. ' If the piiio.icr real!." be-'ie'.p.l tint Simmons was not a partner, hi* FrtCariiii; it v.-a-, not a coiuiniltal of ])e jury, for whH t ■ a wi'ful and corrupt in.tntm to dtcuo was nejjs-5-aiy. The diilh-altj to be got o\ur was, that the pris)ijer v..^ =Mitci to liavo o, cc s.vorn tii.it hiniuwiia wr.s a partmr, ami afler»v\iids to have c wara that he wa& not. The fust oath, aa explai"eJ byta^risoner, wa>> that Si'iimo'is wa< a p.uiru'r n far ;u, iv»rlai>e j was co.-rijod. The term-, of t',o v;ivcmei,t vmvj, that etcis .should " pay an e.jinl sbaie of ever% tiling that m.iy bo eimu.'riiyil ii t'io lusri'.-,s. the wholsj ot thy expo.is^ to li^ jnid bcfor.f'iviy s'. ire of p, orils is | divided ou o:o s-ido or tlio oilier, a- the outlay imuI stand. 1 ' Aft, rhe luid paid ;U1 the exjie.i^s on'boanl I the ship, in Ijciedin, and oa the roii'l to Tuapoku, it ".•at, iiu'-l, n.iUu'rd fo." the pribouer lo conclude that £imim\s was not a partner in the table until all the exp'n^es had buen rep-ii.i. The Jud.e s;vd that tlio clause was raost common in paruiciohi,) Jcedi. Air b\iir< a mbinit'cl Put the highest autlioiitv in a pubiidi-'d wurk, laid it duwn tint " pnrLno^hip is not the lestilt of an ajrecmeut to shaie profits so loiu 1 a-, anything: r-m-'ius to be done befoi.. the right t-T-bire rtieni accrues " 'iliis was tho Ronc-ral pro-po-ition ; :u: I it v.:w ait^rward-, .slated that " the test is.to asdiitvn froui the agrumncnt it-elf, whether any ti-ue is to ehpse, or r.ny act remains to be done' byfore t!io aLTeerncut comes in foi^ ; bjPiiu^o " if there is the pait e-b will not be partner?, until such time has elapsed or &:!cli ncr has liessi poi formed." The Judge -.nked Mr Bart m if lie could find a rase in \\iiieh it lnd b-ou Irld — Ihedeul containing a pro-vi-ion tln.t profits jhoull not be divided ur.til cx-poii-es had bten paid— that the. parties wore not lej.dly p:irtner3 until sueli c\pe:i>-ei had been jriid out of p'ofifs. Mr ISnrton ?a ; .l that the pii^nT luvd clearly rctol UPflm- tl.'- luti't jidc belief that until he had boon repiid w Kit he had advanced, t-rumons was not a partner, 'ihuoa-o be should submit wns tint finding when they hmded, that yimiuou.s could not nay liis share, a new arrangement was claimed by tlie prisoner and entered into in Diinedin. Th'i (Jiown i'rosuoutor jirulesied a^ain^t any such unwarrantL 1 ca->o \vA\\x even hinLc.i to the juiy. Mr Barton s-aid that he could socure his end by subiiutri'ig ;•. lupotbetieal c?. s e. 'ilv; Ciown Piosjcutor still objected ; and the Judge ruled in support ot Ike objoclion, Mr Ua;ion was ljroct-edinj.' to comment on |tl>e improbability of Siuuaona beiu^ able to contiibute money as he s-aid ho ha I done ; whon The Ciowu objected tliat the statements vero wholly unwarranted by anything in the ovidencp. Tb i Judge agreed; and Mr Barton abruptly sat clown. In humming up, his Honor paid that even had tliß ease t:iken an ordinniy c urae, he .--fiould not have been surprised at th. jn<y having some litt'e difficulty in under&taudin^ it, iroui the peculiar nature of the orime chargeJ ; but the case hud been rendered much more dithcult by the manner in which it had been cmduetod by the learned eoun&el for the defence His Honor explained the law of the case, to the samu effect a.s Mr Barton in his first two or thiee prcposilicns ; adding that altiiough the oith of two persons was not ntcebsaiy to conviction, some support of the oath of the prosecutor was essential Suppose the jury thought that there was any evidence confirmatory of fimmons, then let them consieLt 1 to what conclusion thf-y would have to come before they could conclude that he was swearing fdsely. They mint decide that the story he hail told -and which seemed lo him (the Judge) not to have been shakeu in one tittle by all the cioss- examination was a tissue of falsehood ; and that an independent witness had lent himself to bolster up those fekehocxH The jury having retired, Mr Barton asked his Honor to submit a point to tham, which hi* .Honor thoucht not nep' sniry ; and Mr liar ton then tendered a bill ot" exceptions, on the ground that the jury i should have been directed to dismiss from their niiuds . all the statements of the proceedings b foi c the Magis- : trote in the ca >c of Norton v Simmons and Harris. ' In a iew minute* the jury returned to cJurt, and i delivered a verdict of Guilty, i Sentence postponed. , Mr Barton called witnesses to character.

_ Samuel Glover said that lie had known the piisoner eight or nine years, and had always fonnd 'him an upnqhfc man.

(timh \\ rlrr.i) 1-; rl \v.\w! Mi" t>m-ot>v ab^ut 11 >vnr,. II- h 1' ) c a -i.i e'-iu-uIT dn by Vnwlitiie ot tii- 1 1 v.'

Win Heirn siil that li'> had Humn the ptiioner 10 ye iin. iL. l, f i I kut.wu hinto bo a li a-d-wuiki:,.' and indii.tii.)u,>,i;iii. botli in London and M.-ibounio and he h.id a 'rood c!i,u-n t"i- i-i 1 1 'ier i.j- 1 ivis Tie Court iv>-,e at 20 liinnit •, t-i fiv/oWock. (tor 1 1'< rnt /(•■, ,-w pn<je <J )