SUPREME COURT.

Colonist, Issue 1165, 4 December 1868, Page 2

SUPREME COURT.

CRIMINAL SITTINGS.

[Before His Honor Mr. Justice Richmond.]

The November sittings of this Court were opened in the Provincil Hall, Nelson, on Monday, 16th November. The following are names of the Grand Jurors :— Henry Baly, J. W. Barnicoat, John Beit, Henry Beitt, George Bennett, A. S. Braithwaite, H. E. Curtis, Oswald Curtis, Edward Davidson, H. Davis, James.Bentley, F. Huddleston, Hugh Martin, Jun., Charles Muntz, George Smith, H. H. Stafford, W. M. Stanton, W. H. Turner, James Watkins, C. B. Wither. His Honor the Superintendent, Mr. O. Curtis, was Foreman of the Jury.

His Honor the Judge then addressed the Grand Jury as follows: —

Me. Fobeman, and Gentlemen ov the Geand Juet,

In the business of the present criminal sittings of the Court there is nothing which calls upon me to exceed the very narrow limits to which I am accustomed to confine myself when addressing you. The calendar is a light one, the cases being few and generally simple, so that you are nob likely to require much of my assistance in the performance of your duty. There is one case which ia rather peculiar. It is a charge of maliciously killing cattle, and it appears from the depositions that the prisoner sprinkled some poisonous powder on the grass in his own ground adjoining the paddock in which the animals were pasturing, and to which grass they could gain access. It was also deposed that he had conveyed some grass from his own ground to the same spot, and on the grass the same poisonous matter was also sprinkled. If it is proved that the prisoner placed clover, or other tempting herbage so poisoned to the fence, you will do well to find a true bill ; that is to say find that the case should go to trial before the Petty Jury. There are questions of law and fact which may arise on the case; but with these you have nothing to do ; they will be considered by the petty jury, if you obtain sufficient evidence to warrant the finding of a true bill. There is one other charge, that of a criminal assault on a young girl, an offence which, I am sorry to say, is too common in this Colony, and one regarding which you, last session, forwarded a recommendation to the Government that severer measures should be employed to persons guilty of this kind of crime, and suggesting, if I remember rightly, the infliction of corporal punishment. The suggestion was acted upon by the Government, and they prepared a bill which was passed by the legislature carrying that suggestion into effect; but it does not affect this case, as the act did not become law until a few days after the committal of the offence, sp that its provisions are not applicable to the present ca&e, which will be tried under the old law. The new'additions to the Statute Book are ponderous, the legi9latlve-work of the year having been voluminous. Many acts have been passed of good practical utility, some making amendments on former acts. A new Jury Act is among those passed, but it is not yet in operation, and partly comes into operation on Ist January aext, so that while it will affect Juries after that date, it calls for no present consideration by you. There are other acts, some of them affecting the duties and proceedings of Magistrates, which, no doubt, you will study for yourselves, as most of you are on the Commission of the Ppace. There are other acts on which I do not dwell as I have only lately received the last portion of the acts ; and, moreover, there are other things in the present circumstances of tbe Colony which must be present to the minds of oil of us, that would render it more than usually tedious if I were to go over the legislation of, the session. Besides, I fee! that it would be impossible for us to congratulate ourselves on the fact that we had adopted the most recent improvements in modern jurisprudence for the well being of the country, while at tho same time deeds are being done which so deeply affect the mind, and while the lives of our children and the honor of our women are imperilled by their perpetrators. Nelson as a Province has always distinguished itself for its readiness of sympathy. There is no district, of the Colony which lias, more readily displayed substantial sympathy ; there is no district of tho Colony so truly colonial. The people of this Province aro placed as it were in the centre of the Colony, and therefore feel deeply for both tho North and South. The people of Nelson know what the native difficulty is ; they have had the experience of tho early days, and can sympathise fully with those residing in the districts which are now suffering ; and I am sure at the proper time and place they will evinco that sympathy. Meanwhile our duty is narrower; we have now to deal with the proceedings of this Court, but at the same time, I cannot have the heart to felicitate the Colony on the progress we are making in minor matters, when I see that life is not safe in the country, and hear of the deeds that have been done. Gentlemen, I shall not detain you longer ; and you can now retire and enter on your duties. The Grand Jury then retired, and after a short absence returned with a true bill against William Mackay for ASSAULT. William Mackay was charged with assaulting George Jones on board p.s. Charles Edward, on the 3rd July. Ho pleaded Not Guilty. The Jury, after a short absence, returned a verdict of Guilty, and the Judge, after pointing out the duty of tho prisoner to make some kind of provision for the injured man, sentenced prisoner to three months' imprisonment. THEFT. John Johnson, formerly boatman between Motueka and Nelson, was accused of stealing £25 13s. 10d., in two orders, belonging to Mr. S. Buchholz, of Motueka. Prisoner pleaded Not Guilty. The Jury returned a verdict of Guilty, and prisoner | was sentenced to twelve months' imprisonment with hard labor. IKDECENT ASSAULT. Daniel O'Connor, a farm servant in tho employ of Mr. Williams, Stoke, was accused of, on two indictments, indecent assault on the persons of two of his employer's children ; but tho evidence consisted only of that of a servant girl who saw the assault attempted in one case, but did not inform her mistress until a week after, and there was no medical testimony, and as one of the children was only a little over five years, and the other only seven, the Judge declined to put either of them on her oath; and therefore their evidence was not taken.

The Jury returned a verdict of acquittal in both cases, and the prisoner was discharged. It ought to be mentioned that the Judge strongly censured the servant girl, who, having as she deponed, seen the conduct of the prisoner, yet failed to inform her mistress.