SUPREME COURT—Criminal Sittings.

Taranaki Herald, Volume XXXIX, Issue 8755, 17 April 1890, Page 2

SUPREME COURT— Criminal Sittings.

this i>j\rs<r. Thursday, April 17. — Before His Honor Mr Justice Gonolly. The half-yearly sittings of the Supreme Court were opened at 11 o'clock, wbcallis Honor took his seat. ' GRAND JURY. The followiug Grand Jury was empanelled : — H. Brown (foreman), C. 15. Gabb, W. Bayly, W. Sole, W. Wright, J. ! W. Footc, Harris Ford, D. Berry, W. F. Brooking, F. H. Arden, A. Gold water, J. Kelly, C. King, J. C. Davies, A. Bayly, T. Brash, T. K. Skinner, N. King, J. B. Connett, A. 11. Donham. ins honor's chakoe. His Honor charged the Grand Jury as follows : — Mr foreman and gentleman of the Grand Jury, — It will not bo uecesbary for me to trouble you with many remarks on this occasion. The eases that will be brought before you arc not very numerous, and many of them do not contain much matter that can be cmiimonted upon. On account of the unhappy circumstance that had occurred within the last few days, lie could not congratulate them on the district being free from crimes of violence. This was of course a case that would not be placed before them for consideration. Whatever evidence was forthcoming against any person in connection with this murder, would be a subject to be enquired into some future time. In the cases before them there was not one of violence. There were three charges of sheep stealing, all against natives. Two of them were one charge, and should have been included in the same indictment, but for some reason the parties were prosecuted separately in the lower court ; and hence separate indictments would bo placed before them. As far as he could gather from the depositions the accused had admitted sullicient to place them on their trial. The other charge of stealing 1G lambs, was of a peculiar nature He gathered from the depositions that accused admitted taking possession of the lambs, shearing them, and -altering the marks. The accused made out that this was done by him Avith the prosecutor's consent ; that ho had actually purchased 9 out of the IG, and that he had proposed or had agreed to buy the balance at the same price. This may be denied by the prosecutor, and so if a true bill were returned the matter could be heard in open court, and the charge of felonious intent gauged. This same peculiarity applied also to a charge of stealing a watch from i the person as the accused in the case stated I that the prosecutor had given him the watch, which as in the other case was denied. This was another case which would be better heard as to felonious intent in open court. With regard to the balance of the cases His Honor said they needed no observations from him, and he then requested the Grand Jury to retire to consider the bills. Tbue BiLLb. — The Grand Jury returned true bills in the cases of Smith, alias Philpot, robbevy from the person ; Whakaneke, sheep stealing ; Ramu, sheep stealing ; Whelan, forgery ; Ninkcy, alias Linkey, breaking and entering ; Tutangi, sheep stealing. STEALING A WATCJI. William Henry Smith, alias Frederick Philpot, alias Frank Philpot, was charged with stealing a silver watch and chain from James Savage on November 9, 1889. Prisoner pleaded not guilty. In answer to His Honor prisoner said he had no counsel. The following jury was empanelled :—: — D. Power, E. T. Petty, J. R. West, J. Curd, W. J. Perm, W. H. Wood, W. Smart, 0. Arnoldt, A. King, sen., W. Hdi-knett, J. Ahem, W. Bocock. Mr King was chosen foreman. Mr Standish, Crown Prosecutor, called the prosecutor, James Savage, who said he resided at Climie Road, near Ngaire. He had been to Hawera on November 9 with his wife. They returned from Hawera by the even ing train, and got out at Ngaire. He began to walk home when lie got bad on the road. He suffered from heart disease. His wife went home, and said she would send their son back with the horse to bring him home. He had had a couple of glasses of beer that day but was not drunk. When his wifo left ho dozed, and when he woke prisoner was brushing his clothes, and his son was there with the horse. He got on the horse, a spirited oae, while his, son held the horse's head. He was not assisted on. His son went on to Ngaire, and he rode home ; prisoner accompanying him. Prisoner told him to join the Salvation Army and turn teetotaller. Prisoner talked up to his gate but he did not know what prisoner was talking about. Witness said to prisoner " let me go and in and have a sleep," and made an appointment with prisoner to meet him at his home at half-past 7 o'clock. Prisoner did not come back. He missed his watch when he laid down on the bank. . He remembered having the watch when his wife lci!i him on the road. He bought t ! ie watch from Pritchard of Hawera, and 'got the receipt (produced). This receipt specified the watch. • [Witness here gave a description of the watch which he could swear to.] He was positive he did not give prisoner his watch. He informed the police the following day. By accused : He did not know why prisoner suggested that ho, should join the Blue Ribbon Army if he were not duink. James Savage, jun., stated that he saw Philpot brushing his father's clothes. His father got on his horse by himself, witness holding the horse's head. His father and Philpot then went alo lg the road homewards, and he went to Ngaire. Philpot was wearing a chain in his waistcoat when he saw him, but he could not tell what kind of chain it was. By His Honor : His father was lying down on the road. He could not tell the kind of chain Philpot had. Sergeant Duffin said he found Philpot at Nowland's boarding house on November 11 Philpot was having a game of cards with a man, and he called him aside int ) another room. When he liixt went in he asked Philpot if he had a watch on him, and Philpot replied no. With that he pulled Philpot'h coat aside, and saw a chain hanging down from his waistcoat. He pulled a watch out of Philpot's pocket, and said, " Whit is this ?" Philpot said that was the watch a drunken man hid given him the other side of Stratford. The number of the watch correspon led with the number in the telegram. Ho took charge of the watch, and arrested the prisoner. The watc'.i produced is the same, He told Phil jot he was suspected of stealing the watch and compared the numbers in his presence. Philpot told him that he intended to return the watch to tho drunken nuin whom he had advised to knock off drink, and join the Salvation Army. A Mohometan named Mihomet Hara was here put in the box to swear that Korbonari, a Hindoo witness in this case, had left the colony in order that thelatter's depositions taken in the lower court could be read. Ali could not be sworn as no copy of the Koran could be had. It was decided to let tho witness stand down in order to Bee if n copy o€ the Kofan could bo obtained, ProHcrriiior was hgre n'tfiilled at thy l&qtnuqj pf th'j jury, In phrwov to the

foreman, witness said he had no previous acquaintance with the accused, lie just remembered Philpot at tho time of the Stratford lire. The Court here adjourned to 2 o'clock. , In the Supreme Court this afternoon Whstkancke and Eanui were sentenced to 12 months each for sheep stc.diug ; Linkay, eighteen months for breaking and entering ; and Whelan two years for forging. All pleaded guilty. The jury in Philpcl's case had not agreed when we went to press.