SUPREME COURT.

Poverty Bay Herald, Volume XIII, Issue 4739, 13 December 1886, Page 2

SUPREME COURT.

« The half-yearly sitting of the Gisborne bupreme Court was opened in McFarlane's Hall this morning before His Honor the Ohiof Justice, Sir James Prendergast Ihe following Grand Jury was empanelled .-—Messrs G. Bruce, F. J. Oxley J. Thomson, J. H. Stubbs, P. H. Bourke. R. Houlden, J. H. Aislabie, J. A. Hardwig, C. D. Pitt, K. Colebrook, H C. • ilynn M. G. Nasmith, W. E. Akroyd, F. J. Shelton, G. J. Winter, C. D. Bennet, C. P. Davies, F. A. Hardy, J. W. Sunderland, J. W. Witty, J. Si^ley, W* Maude, and H. J. Walker. Mr°Bennett was chosen as foreman. His Honor said his address to the Grand Jury would be very brief. There were seven prisoners whose names were on the criminal calender, and there were three involving wounding. From two it would appear as if the persons charged had made attempts to murder. Supposing they had some doubt whether the charges could be called wounding with intent to murder, yet if there was anything in the indictment stating that the prisoner intended to do grievous bodily harm or maim or injure, it would be advisable to find a bill against him. Even supposing the petty jury came to the conclusion that there was no ground for rinding according to the indictment, they might find the person guilty of unlawfully wounding. Then there was the charge of false pretences. To prove the charge there must be shown to be pretences of an existing fact. Now, as he understood from the deposition, a good deal of statements made by the person against whom the charge was brought seemed to be mostly of this kind : That Wi Pere (a Maori) said he would give a promissory note for the money. If that were so it would not be pretence of existing fact. If what substantially took place was that Wi Pere sent another person it would alter the matter. If Wi Pere had not sent, the fact did not exist ; if he did send, the fact did exist. With these observations he asked them to retire to their room and try the bills. TRUE BILLS. True biJJa were found against Hori Takitaki, assault, causing grievous bodily harm ; Hetera Paora, forgery (five charges), and also for escaping from custody ; Ruka Tiroto, forgery ; Rawiri Karaha, false pretences ; Jacob Tamshack, attempted murder ; Ambrose Wickins, attempted murder. ASSAULT. Hori Takitaki was charged with assaulting a native at Tologa Bay, causing him grievous bodily harm. Prisoner pleaded guilty. In answer to His Honor the Crown Prosecutor said there was nothing known about the prisoner, and he had been in custody three months and a half. Mr Beattie (Probation Officer) said he had made no report as to the prosecutor's character, but since ho had been in custody ho had been well behaved. One of the native witnesses stated that a dispute arose from playing cards, and one word leading to another, the prisoner took off his boot to strike Penehameno, with whom he was having the dispute. The quarrel led to a struggle, and the prisoner went out after Penehamene and struck him with a stick. The prisoner did not bear a good character, as he had acted in a similar manner before. The prisoner was fined £20, or three months' imprisonment, without hard labor. FORGERY. Hetera Paora (alias James Paul) a native, aged about 21, was charged with forging a request for the delivery of goods. Prisoner pleaded guilty to the five charges against him. Hiperata Kahuatia, was called to "ive evidence as to the character of the prisoner, but amid say nothing to his benefit. The prisoner was sentenced to nine months' imprisonment with hard labor. On the second charge the prisoner asked to be allowed to go out under the Probation Act. His Honor said he had considered that Inline he had passed sentence, and he did not think it could be done as Riperata had stated the oftence had occurred before, and also he did not think any satisfactory mrangementcould be arrived at for looking after him. * A similar sentence (to run concurrently) was passed on the prisoner, as also the sen. tencesin theother three charges of forgery. On the charge of breaking out of gaol prisoner pleaded guilty.

The prisoner said a person could not be expected to keep in when the door was left open. The gaoler said the door was not open. The fence was nine feet high. His Honor miid from his own personal knowledge it was not very difficult to esc.ipo. On the whole he did not think the charge required any severe additional sentence, but some further sentence was necessary to show thut persons %yhen in Je^al custody could not escape. Tho sentences would bo two month-' imprisonment wiih hard labor in addition to the nine months already imposed. Fokgeky. Ruka Tirito was charged with forging tho name of S. McLennan to a cheque for £2 10s Id. ' As the prisoner was deaf his answer to the indictment hud to bo taken in writing. Ho pleaded not guilty. The following jurors were sworn : — J. Warren (foreman), M Kirk, T. Usher, A. Somerville, T. Haache, P. O. Bull, J. Martin, G.Bull, G. A. Smith, Thompson. (Left sitting.)