SATURDAY, OCTOBER 4,

Te Aroha News, Volume II, Issue 71, 11 October 1884, Page 3

SATURDAY, OCTOBER 4,

Sentence. — The young man, James, came up for sentence. His Honor referred to the serious nature of the offences committed by the prisoner, and looking at all the circumstances, he felt that a light sentence would be of no use to him. The sentence of the Court would be, for two charges of forging and uttering, three years' ponal servitude for each oflence, sentences to run concurrently, and for the larceny of photographs, six months' imprisonment. Stealing from the Person. — ToKowhia, Te Awatawa, Te Eanginoora, Petera, Pokeno, Peweka, Te Ohewaru, and To Wharekiri were arraigned upon an indictment charging them with stealing the sum of LIG9 from the person of Reupena, a native. — The prisoners pleaded not guilty. — Mr Brown interpreted between the Court and the prisoners. — The Crown Solicitor opened the cage, and briefly stated particular?. —Mr Moss, of Tauranga, appeared for the prosecution, and Mr Hosketh appeared in defonce. — Witnesses were ordered out of Court. — Reupena, a native, deposed that in the month of June there was a sale of land at Ohinemutu. The sum L 213 2s 6d was received from the Government for the land He saw the money paid on the day of the sale. Te Kov hia, one of the prisoner, 1 ? was present. A committee meeting was held and it was arranged to divide the money among 50 interested persons, who were to receive £4 each. At a second meeting 10 additional persons were admitted as partowners, and L4O set apart for division among them. He retained the balance of L 169 in his possession. He wrapt it up tight, and secured it about his clothing. He had an interest in the money. Some of the prisoners (named) wanted to get the balance, which was to have been apportioned at Waiteti. Finding he was likely to be overpowered, he escaped, and was pursued swiftly by the prisoners. He took the path by a steeam, and when his pursuer? were olose upon him he threw the money to the women across the stream. The prisoners then knocked him down, treated him roughly, and one kicked him.— Cross-examined by Mr Hesketh.— Rotohikau Haupapa, Nativo Assessor, and one of the Commissioners of Rotorua Township, gave evidence of a generally corroborative character. — In consequence of an expression of opinion from His Honor to the effect that the evidence had only established a civil dispute, the proseoution decided to call no further witnesses. — His Honor then directed the jury to find the prisoners not guilty. Unless they had acted with an ammifurandi—a design of stealing— they could not be found guilty of the larceny, and in this case it had been shown that they committed the action complained of as an assertion of right.— The jury accordingly found a verdict of "Not Guilty."— ln discharging the prisoners, His Honor impressed upon their minds tho fact that although they had not committed a criminal offence, they had done a civil wrong, and that being dissatisfied with the distribution which had taken place, their proper remedy was by civil process.— They were then discharged. The Court adjourned till Monday at 10 a.m.

MONDAY, OCTOBER 6. Infanticide.— Rosina Emily Smith, otherwise Wilson, was arrainged upon an indictment charging her with having feloniously, unlawfully, and wilfully, on the 6th of August, murdered her infant child, Emily Wilson, and to which the prisoner pleaded not guilty. The jury were then empanelled, and Mr W. Gorrie chosen foreman.— Mr Hudson Williamson, Crown Solicitor, opened the case for the prosecution, and recounted the main pointsof the evidence in this very painful charge.— Mr Brassey appeared in defence of the accused, and at his request, His Honor ordered all witnesses to leave th© Court. The prisoner had considerably improved in health, and bore her trying position with fortitude. She was permitted to take a seat during the trial. A female attendant sat behind her in the dock.— The principal portions of the evidence has already appeared in the oolumns. — Hj9 Honor went minutely and

carefully over the evidence, pointing out to the jury every event of importance bearing upon the case, informing them that after carefully considering the evidence they minht find the prisoner guilty of wilful murder, or of manslaughter by suffocation, or not guilty on the ground of insanity.— Tho jury retired at 1 o'clock, and returned into Court at 2.40 with a verdict of "Guilty of manslaughter."— On being asked why the sentence of the Court should not be passed upon her, she replied that a great deal had been said by witnesses that she knew nothing about. She might say that Mrs Norrie, "the nurse, had treated her very badly, and had not done her duty, and there was really no quarrel between them, and as for Mrs Wakeham, she often troubled her by sprawling into her room in a state of intoxication.— His Honor reminded prisoner that these accusations would do her no good. — Mr Brassey asked His Honor to take into consideration the timo prisoner had been in prison. — His Honor dismissed the jury, and said he would take a little time to consider the sentence.

Sentence. His Honor, in delivering sentence in the infanticide case yesterday, said : Rosina Emily Smith, you have been found guilty by the verdict of the jury of the crime of manslaughter. That is, that the jury have found you did not wilfully and intentionally kill your child, but it came to its death through your means, no doudt when you were in a state^ of high excitement —if not actual insanity, approaching to insanity. Looking to thetime you have been in prison, and the peculiar circumstances of the case, which do not excuse the wrong you have done to your child, still rendering the crime of a much more wicked character than is usual in such cases, I do not think it will be necessary for the ends of justice that you receive a hard sentence. The sentence is that you be imprisoned with hard labour for six calendar months. The prisoner immediately fainted, and fell heavily upon the floor.