SUPREME COURT.

Poverty Bay Herald, Volume XIV, Issue 4900, 28 June 1887, Page 2

SUPREME COURT.

• CRIMINAL SITTINGS. THE RAPE CASE. This case waa continued yesterday. All the evideuce taken was that of the little her sister, father and mother, and Dr Innes. The father and mother were cross-questioned aa to the state of feeling between them and the prisoner, due to other causes, it being attempted to be shown there were motives for vindictiveness on their part. No witnesses were called for the defence, and the Crown Prosecutor did not address the jury. Prisoner's counsel addressed the jury briefly, contending that the case was a very weak one, and that it had been brought from malicious motives. His Honor shortly summed tip, and the jury retired at 4.30. At 5.30 they had not agreed, and the Court was adjourned till 7. They had not agreed then, and it was stated there was no chance of their agreeing. His Honor said there was s doubt whether, in New Zealand, if it was intended to have a new trial a jury could bo discharged under 12 hours. He asked Mr Nolan what course he intended to take. Mr Nolan was not prepared to say, but would prefer the jury being left for a time to see if they could agree. His Honor said if Mr Nolan told him he would not ask for a new trial he would dismiss them at once. There was some further discussion, but Mr Nolan taking no course the jury were ordered back again and the Court ad* journed till ten. At ten the jury had not agreed, and, Mr Nolan stating nothing, the jury were locked up for the night,and the Court adjourned. On the Court opening at ten this morning the foreman reported they were wholly unable to agree, and there was no prospect of their doing: so. His Honor : Thon I will discharge you. It would be very unreasonable to ask you to act again to-day after being up all night, and therefore you are relieved from attendance to-day. Do you make any application, Mr Nolan ? Mr Nolan : What order would the Court make under section 158 'I His Honor : What order do you aak for? Mr Nolan : I do not ask for any order. His Honor : Then I can make no order. Mr Nolan : Very well, your Honor. His Honor : Let us have no misunderstanding' about this. You have the conduct of the case, and if you make no application the Court makes no order. Mr Nolan : I make no application. Mr Brassoy : I apply for the discharge of the prisoner, the jury not having agreed. His Honor : I will not deal with thai now. You can make your application at the end of the day, and in the meantime we will go on with the murder case. Ido not wish to express any opinion, Mr Nolan, but unless you intended to apply for a new trial I think it is extremely hard to have kept the jury locked up all night after what I said last night. Mr Nolan : If I have any application to make I will state it before the Court rises to-day. Mr Brassey : Supposing even an application is made this afternoon for a new trial I should urge very strong grounds why the trial should not bo granted. The matter then dropped, the jury leaving, ana the prisoner being removed in custody. Just before the luncheon adjournment the case was again brought up. Mr Brassey said he must apply for the prisoner's discharge. His Honor made some remarks on a second trial involving putting the little girl going through the painful ordeal she endured yesterday. After some little discussion Mr Nolan said he would not take the case any further, and the prisoner was thon discharged. MURDER. Aporo, Te Hau, Te Uri, three natives, and a native woman named Lina, were arraigned for the murder of two Maoris, Nuku and his wife. The facts of this case aro fresh in public recollection. M Ree3 and Mr Nolan for the Crown. Messrs Brassey and Ward for the prisoners pleaded not guilty. Mr F. Jones interpreted. The following jury was sworn : — W. Morice (foreman), R. Atkins, E. P. Cohen, A. J. Cooper, S. Phillip, J. Parsons, G. Rice, A. Gregg, F. Tietjen, H. J. Reed, E. Clements, W. McClive, J. East. Mr Rees opened the case for the prose cution at some length, and detailed the case he would make out which would be ample to secure the conviction of the prisoners. He had a large diagram of the scene of the murder. A number of witnesses were then called who deposed to substantially the same facts a3 were brought out in the lower Court. The following witnesses had been examined when we went to press : — Dr Pollen, H. Teesdale, Wikiriwhi Whenuku, and Te Peka Puata. Mr Teesdale gave evidence of the correctness of the plans of the scene, and the others repeated the evidence given in the R.M. Court. (Left sitting.)