SUPREME COURT.—CRIMINAL BUSINESS.

Otago Witness, Issue 570, 1 November 1862, Page 2

SUPREME CO URT.— CRIMINAL BUSINESS.

(Before Hirs Honor l\h- Justice Gressou.) Saturuay, Oci'oiiiiß 23.

Air Ju&tice Gr<->on sit a 1 two o'clock for ihe puriM.^e of passim; sentence upjn bonie prisoner*, and of hearing any applications.

I'ERJIiRY AT TUAPEKA.

Jame* HnriN (i">) t'jii.id s,n ny »f pcj'iiy at Tuwpekd, t-as lir-t plac "1 iv the dock. lie declared that he u,>^ iu.wt.ent of t\w cimi"

The Jud'^e t-aid that the prisoner was found guilty, upon tho clearest evidence, not, oniy of imprecating the vengeance of God upo.i his so d, .f lie w<,icspe.iki'i» i.alsel^ wbo'i bo ic:ill} wi* '•o speaking, but of out r,iL'ini}thelaw->'onii-, country. Hut the object of the law wib oniy to deter fiom eiune bj 1110 piinNhmuit of offenders, not lo take ven-^.tnee upon them; and yii'Miiio to that inerci'ul spiiit of the law, he should sentence the pikoncr to two years' imprisonment with hard labor, computed horn the Kith May. The Prisoner: Well, your Honor, I consider \ou'ie veiy severe. That's sill I've got to say.

VOJiUfIIV

Henry Cooiube (:JG) had p ended auilly to a charge of forcing a cheque for LoO upon Metsis. Comber and Douglas, of the Msniiatoc* Plaiu. The piisuner said he had, in extenuation of hi» crime, to urge that he had been for s x cr seven yeais in Canterbury and Otago, nnd had always hitherto borne an unimpeachable character. He was vvellkwmn to many gentlemen in the Canterbury settlement, lie had .sjived in the Ea&t Indies, and had received two medals and three clasps for the Sutley and FeroiXfch.Ui campaigns He led a company at Chidianwallnh and Uoozerai, ; and his commissions were in the hand^ of Detective Tuckwell. lie had two children depjndent upon him for support, and he had been in confinement since the oils August He hope 1 that His Hwhor would take these things into consideiation. The Judge siid thai it, was I-imenta'ue indeed to see tht pii-onerin his present position, if hib statement weie true as to his pa-jb services to his country. He had admitted that he was guiit> of the si-nous ami degrading eiiin" of forger y : one for which, not very Ion" a_:o, his lii'e would h.ive been for Lit, which in .a coiumerciol country struuU at the very root of society, and it' committed with impunity would prevent commercial intereoiuse fiom being carried on. lie (the judge) had attended to the pi i->o.,ei'h appeal, aud because of it he would deal more leniently with the prisoner than wns his habit with roigeix The .^entenee Wabthal the prisoner be impi lsoned for eighteen months, from the sth August, and that he be kept at haul labor.

Tirrf Tuvrr.KA rait, cask

Pnfrick Kiiiuary (>)3), when plac.-d in the dock, said that until this case he never stood before a judge or jury. The Judge stud thai the prisoner had been found guilty of a most :ii:ginv ite.d assault, upon a man who had given him neil^c pio>ocnuo<i mi oiu nee. Had thai man died of the wounds .-o !>i'n,i!!y inflicted, (here could be little or no doubt tliat the piisoner would have ended hi-j lif'j upon ascaflbld, for he miuht ju.-tly have been found jruilty of murder. In addition to this assault, nnd following consequent upon it, he brutally assaulted Maiy Ann Smith, an unoftendinc; wom.ui, aiud aided another peivn, as cowardly as himself, to commit upon that woman a vile and outiageous offence. The Crown hnd dealt meicifully wiih the prisoner, in notofleiing cvidenep on a charge that he was himself a principal in another uape, cf which there could be no doubt v. h if ever that he was guilty ; and this cffence would not be at all considered in pasMiiQ sentence. That .sontnne, 5 was, that for the assault upon Vatiick Thwiias Monk, tlw prisoner suffer seven yeais' peal sdvitu'le within tho eolui^. to be coiiiputed fiom the '-Of h of October; and that for aiding in the commission of the rap v , he buffer a further term of s.ix yi .11V penal servitude, commencing fiom the expiration of tin- fir^t period. flic Piivmr: I am sure either you or me won't be alivr> at the en'i of 'hsittiinc.

The Judge siKi Mi*, by gujd conduct the prisoner would have the opport niitv, ii'l.e so pleased, of '•hoi ttening tin 1 trim oi\ei vitude ; and if h ; s conduct was such ps to come within the <v>inplary cla.ss, the term would no doubt be materially shortened.

The Piiscner: My clmiacter wab always gool, every pla-e Ihat I was in.

John M.doney (-56) was next placed in the dock. He said lh.it centleme'i had b-;en in attuidnncs who could gi\e him a good character for tho la&t six or seven ye.irs.

The Judge said that evidence as to character was u&fful only when theie wns 100 m for doubt as to an offence having been eonnniUed. There was none here. The prisoner had been convicted, fliht, of aiding and abetting in the brutal and cruel assault upon Monk; in" the second place, of beiim the principal in a rape upon Maiy Ami Smith ; aud in the third place, of aiding lirogau iv the commission of a. similar crime. lie iiiight lwve been indicted for a further rape ; but the down had forborne to prosecute for that offence. The sentence of the Court was— For the fir o t offence, 12 months' hard l.ibor, computed from *he 2oth August; for the second, &ix veais' penal servitude in the colony ; and for the third, a fuither period of bix yeais' penal servitude.

Michael Brngan (21), when challenged, s a iJ that he never before was in trouble oft 1 is sort, aud he was as innocent of the offence of rape as any gentleman then in the court.

The Judce said that 12 of hi* countrymen, who hrid no de>irc to t,ay that the prisoner was guilty unless foiced to that conviction by the evidence, hud returned such a verdict: and he (tlie Jud^e) felt no doubt whatever of the piKoner's gei'.t. Every rapo ■was a brutal crime ; but the crime of the prisoner w.is peculiarly brutal, from the .-eiies of outrages to winch the woman had been previously ' subjected. But he was willing to pass only such a sentence as would be likely to deter others from such a. crime, and so piotcct society from .such ruffianism. The prisoner might have been incareeiatod for life; but the sentence of the Court was that he suffer penal servitude within the colony for a period of six years, computed ironi the 21th August.

BRRVCH OF PHiyiLEGE,

Mr Ha2»ett said he hail to make an application wiih respect, to the privileges of the Ctnut. MiMichael Prendorgast, a hamster, was that morning apprehended by procss issued from the Roideiit Magistiate's Court; and the application was that his Honor would order that Air Prendrrgast be released from eiwtody, ns when arrei.ttd he was actually atterding to hi* business as a practitioner in tho Court. In his idlidavit (w hich was lead). Mr Preiideigasc described his arrest as having occurred, "on my leaving the Jwlga s Chamber for a few minutes, and b.-lore coinpletiiit,' the Jnihimss on which I had gone to the said Court ;" and he added that the arrest was by viitue of two warrants issued from the Ptesideut Ma;;ibtrates's Court, upon judgments obtained against him in that Court by one Log«ie, and one Hood. He was at the time within the precincts, and in attondanc-: on the (Joint, which was about to sit, being engage.: in a case pending. The Judge thought that Mr Prendergast was entitled to his release.

Mr Haggett presumed that, in accordance with practice, this would mean freedom from anest dining the whole time the Coiut snt.

The Judge said it was not necessary to decide the point upon the piesent application : but his opinion was that the cat.es did not go further tl.nii the eaauting of protection while actually engaged in a case, or while going and returning, being engaged in a case pending.

Mr ilagcett said he put it that Mr Piendergast was so entitled, not as au attorney, but as a barrister.

The Judge thought there was a ca<=e in which it was held that a barrister merely in Court, looking for practice, was not privilegt d from arrc&t. But for the piesent, it was enough that he thought Mr. Piuulergast was entitled to release upon this affidavit, that at the time of arrest he was actually engaged about the Court in a cube pending.

There being no other application, the Court adjourned.