PRESENTMENT.

Southland Times, Volume I, Issue 20, 16 July 1864, Page 7

PRESENTMENT.

The following presentment was read by the foreman (Mr. Theopliilus Heale) to His Honor Mr. Justice Chapman, on the conclusion of the business brought before them : — " The Grand Jury of the district of Southland beg leave to express the liigh satisfaction with ■which they welcome the first visit to the Province of a Judge, specially and permanently appointed to this portion of the Colony, and their happiness that a gentleman of such high standing at the bar, and on the Bench, and one so eminently known for long attacliment and early services to j this Colony as your Honor, should have been j found to fill that high office. The Grand Jury learned with pleasure froni your Honor's charge that it is your Honor's intention, in future, to hold Quarterly Sessions in Invercargill ; and in this intention, winch cannot but involve some personal inconvenience, they thankfully recognise an earnest desire on the part of your Honor to afford to the Province the largest measure of judicial advantages possible under existing arrangements. Still this liberal and considerate course, on the part of the judge, can do but little to qualify the regret and resentment with which the Grand Jury, in common with the great majority of the population of Southland, view the arrangement by which, while Dunedin alone, of all places in New Zealand, has two Judges of the Supreme Court, Southland has been deprived of the great advantage of a Resident Judge. This arrangement wa3 not intimated to the Legislature when the " Civil list Amendment Act " was passed. It was believed to be contrary to the understanding come to in the House of Representatives,, and it is the more grievous to the people of- this Province, as they cannot but view it as a sequel to, and a consequence of, other wrongs done to them, by which this Province lias been practically excluded from any voice in the Legislature, and its interests have been subordinate to those of another Province. The Grand Jury look with confidence to your Honor to alleviate," as far as! lies in your power, the inconveniencies which necessarily flow from the distance of the source of law and justice. Foremost amongst these is the want of a local depository of the powers exercisable, under the " Debtor and Creditors' Act."—" In times of great depression there are many persons who are temporarily embarrassed by debts, often of small amount, and who, if they could be procteeted from arrest, would remain with their families, and hi many instances could soon retrieve then" affairs, but who were compelled by the fear of imprisonment to abscond. -The frequeniy of this leads to a most mischevious eagreness on the part of creditors, to use their, powers of arrest, and the results have been most destructive to property, and injurious to i the public morality. The Grand Jury are well aware that the " Debtor and Creditors' -Act " has been found in practice... Jtp . be so defective that its early apbeal or amendment is probable, but the evils continually, arising from the want of some local means to give effect to its provisions, However imperfect they may be, are so great; and so. pressing that the Grand Jury earnestly hope that your Honor will lose no time in at least mitigating them by exercising, the powers of delegation conferred in the forfcy-cighth and forty -ninth clauses .of that Act." ; . (Signed) .Theophiitts Heaxe, Foreman., ! His Honoe addressedtheforeman arid gentlemen of the : Grand Jury at considerable length, butwe have only space to notice the principal heads, of his reply. He had to offer his thanks for ; the. welcome, they had accorded Mm on his first ■ visit to; Southland, and for their expression of approval of his conduct. The ; Quarterly Sessions referred to will place the Province- in a similar position to its 'neighbor, Qtago. ; His Hqnor then commented on the^jjipressions jmployecl^, irr the presentment. lje*took exception tothe i strong expressions used. He 'did nofi himiclf object to strong language •generally, as he might himself have been guilty' of having; at some, time \ised similar terms ,-' but' as

he vras to be tho medium r of forwarding the request of the' Grand Jury to' head-quarters, he did not desire to be identified with, or to be considered as meddling . in , . such an affair >as this. His position as a Judge rendered : " it desirable .that he shoidd not interfere, bui it would be his duty to forward the request to the proper authorities. His Honor then' referedito the advantages confereed on tho Province by the appointment of a District Judge. He referred to the amount of civil husinesspm^tho, Dmiedin Court. At Jast .Sessions, ' there had" been fifty cases, which had been the accumulation of three months. For, , the six months here 1 there "are eight oh the list. The state of Supreme Court business in Invercargill compared very favorably with other Provinces. In quarterly asszes he did riot the businoss would exceed — say twelve criminal cases, and five or six civil cases. With, reference ,to tho " Debtors and Creditors' Act," His Honor was of opinion that it could not stand long. It does not work out even the intentions of the legislators, who would'appear, when framing it, hot to have been quite clear on the subject. His Honor was of opinion that the Act must be repealed, and give place to an Insolvency Act, which could bo in operation ' on the spot. Understanding ' froni .Mr: M. Price that it was a pressing evil at the present time, His Honor further stated that he had written to Judge Richmond at Dunedin on the subject, and declared liimself willing at all times to promote the welfare of the Provhiee. He then thanked the Grand Jury for their attendance, and dismissed them. Thubsdat, 14th July, 1864. (Before Mr. Justice Chapman.) His Honor took his seat on the bench punctually at 10 o'clock. LAECEXT. . John Davies, on the above charge, was placed in the dock, and the Judge intimated to him that the Crown Prosecutor had withdrawn the charge. He was accordingly discharged. STEALING BEET?. Charles Dickson was indicted with the crime of having, on 10th June, unlawfully and feloniously slaughtered one bull, the property of Christina Niven, and of having stolen two fore- quarters and one hind-quarter. The prisoner pleaded " Not Guilty." Mr. M'Donald conducted the case for tho Crown. The evidence in this case was very inconclusive, and beyond'the fact q£ the prisoner having sold beef, regarding which he gave various versions of how he came into possession of it, there was no evidence that it had been part of the animal missed by the prosecutrix. His Honor advised the jury to acquit tho prisoner. The Jury accordingly returned a verdict of " Not Guilty," and Dicksou was accordingly discharged. XAItCENY. -James Murphy was charged with having, on the 21st January last, stolen three silver watches, the property of Thomas Griffin. The prisonor pleaded Not Guilty. Mr. Button conducted the prosecution. Thomas Griffin deposed as follows. — Was in company with prisoner on 21st January. Am not a partner with him. Went with him to a watchmaker's in Tay-street (Eerrick's). Before going in ho, the prisoner, asked me to buy four watches, and I woidd get my cheque cashed, as I wa3 too drunk to go to tho bank for that purpose. I bought the watches, and put three in my jacket pocket, and tho other in my trousers pocket. Went to the Newmarket Hotel. Gave one to the servant girl, Mary Quinn, to keep for me. The rest wore left in my jacket pocket. Took off my jacket and threw it aside, as I intended to fight prisoner. On a policeman coming hi, I went off. I came back afterwards for my jacket. Found it, but the watches were gone. Asked prisoner if he had taken them. He said he had not. He was challenged with having taken them. He at first denied this, but afterwards said he had, and that he left them at some place in town. When Mr. Connell heard prisoner say this, he gave him in charge. Prisoner had a bundle of watches, but I could not identify mine. I could not swear to the watches I bought. Thomas Connell deposed that he heard prisoner and Griffin having words about partnership in buying watches. On hearing him accused of taking tho watches, I told liim that he had better give them up. Prisoner said at length that he had left them at a watchmaker's shop, between the Club Hotel and Mr. Routes shop, in Dee-street. Went there with him, and got throe watches. On going to this shop prisoner said ho had a lot more watches in a store. On going to the store (Ekensteen's) opposite, he asked for the parcel he left. I took it and three watches to the Newmarket. They were all shown to Griffin, and he said lie could not identify his watches. I believe the prosecutor was so chunk that he did not know what he was doing. Prisoner had been drinking, but was not so far gone as prosecutor. I cannot swear positively to the watches. M.;:y Q.uinn deposed to theprisonei-'s leaving one of the watches with her in safety for him. James Russell and Bernard Ekensteen gave corroborative evidence. Lewin Berrick deposed to selling four watches to Griilln on 21st January. Prisoner was with him. Neither of them was drunk at the time. I can swear to one of the watches produced as being one of those Griffin bought of me. Another I believe to be also one. I could not swear to it. Witness, on referring to his day book, stated positively that two wore amissing. F. W. Chapman, sergeant-major of police, deposed to receiving thirteen watches along with the prisoner in custodj 7 -. The prisoner made no defence. His Honor, in summing up, charged the jury that the only question to be considered was the intention. There could be no doubt that the prisoner had taken them, but whether with a felonious intent or not, was another element to be considered. The jury retired, and after an absence of forty ■minutes, returned with a verdict of " Not Guilty." The prisoner was then discharged. HIG-HWAY BOBBERY. Charles M'Devitt. and W. Connolly were indicted with the above offence, on 17th March last, on the person of one Thomas Fox, whereby he lost the sum of £9. The prisoners pleaded " Not Gkiilty." Mr. M'Donald conducted the prosecution, and Mr. S. M. South appeared for the defence of the prisoner Connolly. ■ ■ - Thomas Fox, the prosecutor, deposed to having been working on the railway works at the Mackarewa. Had been hi a shanty drinking. On leaving, was followed, and attacked by the prisoners. I was afraid and dropped down, but did not "sing out." M'Devitt attacked me. I threw him off. . On getting up, Connolly caught me from behind. I then " sung out" " Murder" and " Robbery." Both then tried to choke me. When I felt myself about choked, I threw my arms out to allow them to take my money as best they chose. I knew I could not prevent them, and wished to escape as easily as possible. When -I felt in my right hand pocket, I found my money was, gone, and M'Devitt said "I have got it." The prisoners ran away after that. I then went t<? my tent. I was not well able to work for nine days afterwards. ] By the Prisoner. — I had some words with some one outside the shanty on the night in question. Fega'n /was the man's name. There must have been sorrie misunderstanding with him. ' Prisoner Connolly requested, at this stage, tho depositions of Fox, at the Resident Magistrate's Court, to bo read, which was done. . His Honor .—Arc you sure M'Devitt .was the person who put his hand in your pocket? ; Witness.— -It was. . - , : Cross-exainined by. Mr. South. I had not been drinking. I 'could not say exactly when I left the shanty. To the best of my belief Connolly was present at the time 'I was robbed. I did not charge Connolly' with being concerned till I saw him{ M the custody of the police; I knew the mondylyras in my pocket when I left the shanty. -i ; j Thomas Wall deposed to being, in compauyJiTith ; Fox and tho two prisoners-on-the evening of the 17th March last. We left the shanty together. 1

- left prisoners with Fox betwixt them. I am 1 quite sure the ' prisoners tire the men. I know 1 Connolly before, but -I saw M'Devitt for the first time that night. „ . . j 9 By M'Devitt;— Fox had his coat off when ho 3 was lighting that night. > . . . By Mr. South.— l lighted Fox put of the shanty, s it being a dark night. ' f His Honor. — I suppose such a custom is usually f observed to such gentlemen I t ■„ > Cross-examination continued. — I advised Fox 1 to go homo. I did not hear any cries, After I 3 returned to the shanty^ about six, minutes, } Connolly returned. That is the time, so far as I 1 caii guess. The prisoner and Fox were drinking. His Honor. — : The presumption is that the witl ness had been drinking also. ; * "Witness. — Yes, I was, a little, your Honor. ) ■ „ ;His Honor.— -Were you in full possession of, your 3 faculties when you lighted the prisoners out of s the shanty ? Witness. — Yes, quite, your Honor. ): : By a Juryman.— When did you see Fox again ? r Witness. — Nexlrday. ■Ho then told me of the I robbery. ... >. . His Honor. — Did he mention any person or t persons suspected?; . , ■• ; ■ Witness. — Hementioncdprisoners — M'Devitt — I and Connolly, whom he knew by the name of » "Billy." > Detective Officer Thompson deposed to arresting i . M'Dcvitt, about fifty or sixty miles from luvcrcargill. I told him of the charge on which I did so. ' Whon in the coaclv lie ' said he had something to say to nie. About three miles from town he said, " You want to sound me. The man you want is called : Dublin Billy. I saw it done, but had no hand in it." Ho denied having been working at Makarcwa Bush. M'Devitt said he solemnly denied having any conversation with the witness on the road to town. By Mr. South. — M'Dcvitt on the road to town said Connolly was the second man. J". Fox, re-called, stated that the scuffle coidd not have lasted longer than five minutes. ■ - By a juryman. — Did you mention Connolly's name when giving information to the police ? Witness. — (After some hesitation), said he did. This was the case for the Crown. M'Devitt made no defence. Mr. S. M. South addressed the jury on behalf of the prisoner Connolly, and dwelt on the fact that ho had been brought to town as a witness only, and not as a criminal, and that when he came to town he was first arrested on the charge of way-laying the prosecutor, and dwelt strongly on the fact that the prisoner M'Devitt now denies what he had formerly admitted, when he implicated Connolly in the affair. His Honor then summed up, and remarked that the evidence had a very different bearing on the two prisoners at the bar. The jury would require to consider whether there was sufficient evidence to convict one or both of them. His Honor then commented on the drinking of the prosecutor and prisoners on the evening in question, and on the vulgar and dangerous boast of being possessed of having money. He also took especial notice of Fox's manner in the witness box, he having shown peculiar confidence when speaking of M'Devitt, and the opposite when concerning Connolly. His Honor leit it to the jury, however, to consider whether there was that amount of completeness in the evidence against Connolly wanting which warranted this. His Honor then recounted the evidence carefully, and sent the case to the jury. The jury thereafter retired, and after an absence of fifteen minutes, returned with a verdict of Guilty as sgainst M'Dcvitt, and Not Cruilty us against Connolly. Connolly was then discharged, and M'Devitt removed for sentence. TIG STEALING. Charles Dickson was again placed in the dock, charged with pig stealing in June last. The case was a very trumpery one, and the evidence mr from conclusive. Joseph ISTewton swore to the identity of his pig's tail ! And the witness swore to a black spot on his pig's shoulder, which agreed to a similar one on the pig ho missed, llakarai Tahcke, a Maori (who was interpreted by H. 11. Fen ton, Esq., J.P.), recognised a part of his pig from the skin being white ! On His Honor inquiring if there were not another pig in the world, witness 6aid there was not another one at the Mokomoko. A variety of other evidence was adduced, which was sufficient to throw great suspicion on the prisoner, but the jury found no grounds for a verdict of " Gruilty," and he was discharged. SENTENCE. Charles M'Devitt, who had been convicted of highway robbery, was placed in the dock, and received sentence of four years' penal servitude. Then Court then rose. Feiday, 15tii July, 1864. tiie charge of conspika.ct. Joseph Silverbcrg appeared to answer the above charge, and being still in weak health, was accommodated with a chair. The Crown Prosecutor stated that the authorities expected to find the other party — Salek in Victoria, and asked for a remand. After some discussion, the Bench granted the gremand, liberating Silverbcrg on his own recognisance of £50, and two sureties of £10 each. LA.ECENT. James Davies charged with stealing an opossum skin rag, was remanded, the Crown Prosecutor being unable to bring forward a material witness. The Bench consented to accept bail, prisoner in his OAvn recognisance of £25, and two sureties of £10 aach. The prisoner pleaded hard for a mitigation, as he was a stranger in Invercargill, and did not know where to raise the money ; but there being a previous conviction against him, His Honor stated that prisoner must find the sureties or go to gaol. Alexander Cameron, for larceny, was discharged, the jury having found no bill against him. The jury were then dismissed till ten o'clock on Monday morning, and the Court adjourned.