SUPREME COURT—CRIMINAL SITTINGS.

Wanganui Chronicle, Volume 10, Issue 619, 16 June 1866, Page 3

SUPREME COURT—CRIMINAL SITTINGS.

Monday, June 11, 1856.

-(Before His Honor Mr.. Justice Johnston.) His Honor Mr. Justice Johnston opened the Criminal Sittings of the Supreme Court, on Monday morning, at' ten o’clock. . His Honor, having addressed the brand Jury, the following, among the cases, were proceeded with : —; FELONY. Amos Sutton was charged with having broken into ajhouse at Turakina, and stolen some goods and money therefrom.' He was also charged on a second count, namely, that of selling fire-arms without a license. „ Prisoner pleaded not guilty to-the first, and guilty to the second count in the indictment. . , . His Honor cautioned the prisoner that by pleading guilty to the second count, he left himself open to be sentenced to three years’ penal servitude. . _ , Prisoner then withdrew his plea, atm pleaded “ Not Guilty” on each indictment. . ~ A petty jury having been sworn m, the following evidence was taken for the prosecution, on the first housebreaking : . Mr. Baker acted as interpreter. Honi Waitera sworn—l- live at Te Kopero, in Turakina ; liknow the prisoner ; on the 11th of April last he entered into my service, as my wife had engaged him as servant at 10s. ajweek ; he slept that night in my house ; on the 19th, my wife, prisoner, and myself all went to a meeting ; I locked the house with a padlock ; prisoner did not remain with me at the meeting, he went away without my seeiug him; I had last seen him about noon ; when I got back to mv whare one of the boards of the entrance door was broken, and a box inside. was broken open ; I missed a purse containing £ls, a cap, and a watch. The purse and watch had been in a box in the house ; the cap I missed had been left hanging m the kitchen. (Purse produced). This is my purse ; it had £ls in it when I lost it ; there were ten £1 pound notes, and one £5 note ; the watch I lost was a silver lever. (Watch produced). The watch and chain produced are mine, but the chain has been broken since I lost it. (Cap produced). The cap produced is mine. Cross-examined by prisoner—l swear the cap is mine ; this cap was given to me when I served as a policeman ; the red part is at home ; I know the purse is mine, although I did not put any markon it ; I have had it for twelve months; Ido not know the numbers of the nbtes ; ,1 got the notes m payment for my cattle; 1 got some of them from Mr. Chapman. Alfred Bird, constable, sworn—From -information I received, I arrested the. prisoner at Mr. Gleesori’s Hotel, Turakina ; I told him’that t arrested him on suspicion of robbery from Waitera, and he said ho had been robbing nobody ; I searched him, and found the purse produced ; the purse was in a handkerchief rolled up in hand when I arrested him .; he had the cap produced on his head ; prisoner claimed the purse as his property. ' , ~ Sergeant Kinsella, sworn, deposed—On the 4th May, 1 found the watch produced under the seat of the Turakina Lock-up, where the prisoner had been confined ; it was wrapped up in paper. This concluded the. case for the prosecu- ' After the jury had been absent about half an hour, they returned a verdict of “ Guilty.” „ Judgment was deferred until the other ' charge of Breach of Arms Act, had been tried and decided. It was as follows : Amos Sutton was then brought up, charged with having feloniously committed a -breach of the Arms Act, by selling a revolver to a native. . Fredk. Atcheson, Inspector of Police, sworn, deposed—l am appointed to lay informations, under the Arms Act, from the Governor (authority produced.) : l laid the information under the authority produced. Rewiti Pokaru deposed—l reside at Turakina, where I saw the prisoner, on the 18th April last he asked me to buy his revolver j I asked what the price was ;he said £5 ; I said, “ I have not sufficient money to buy it I went away and he followed me, and said “Let us go to the Pawhen we reached my house I gave him a £1 note ; he gave me the pistol, and then went away to Honi; Waitera’s place ; I hung the pistol up in my house after I received it; the sergeant came and took the pistol out of my house ; the revolver produced is the one sold me by the prisoner. -Thos. Kinsella sworn —I am sergeant of Police, at Wanganui ; on the 25tli April I went into a Maori whare, and I made a search round and I found a revolver hanging up there (revolver produced) ; this i 3 the revolver I found. Prisoner pleaded ignorance of the law. Sergeant Kinsella being called on to speak of prisoner’s character, said he was a deserter from the 50th Regiment, having broken out of the Stockade at Wanganui. Prisoner was then sentenced to two years’ imprisonment, with hard labour, for the offence of housebreaking, and to three years’ peual servitude for the breach of Arms Act, the second sentence to commence at the expiration of the first. HOUSEBREAKING.

James Kelly was indicted for housebreaking. The prisoner pleaded- “ Not Guilty.” Charles Chalklin, deposed—l am sergeant major of tlie Wanganui Militia. I have known the prisoner for some time. I live at Wanganui, and take cliargo of Government property, such as arms, accoutrements. and stores of various kinds. On the 28th May last, I left the premises about four o’clock in the afternoon. The windows were all fastened, and: the door was locked. I returned about eight o’clock, and, on coming to ; the house, I found • that the bottom sash of the window was forced back. A pane of glass was broken ,in the upper portion of the window. The .“catch” was forced back. The bottom part of the ■window was about three feet from the ground. I unlocked the door," and found the bed clothes strewed about the floor. I missed a box which contained, in a till, two £lO notes on the Bank of New Zealand, passes, books, a suit of black clothes, &c. I last saw my money safe thatjnoming. The prisoner had frequently been in my bedroom. He had frecpiently seen me open the box and take money out of it. . Prisoner ' was not in the militia at the.time. [£lo note produced and identified.]^ Quintin Muir stated that on the 28th May last, he received, in the-way of business, a £lO note from the prisoner, in a store, at Wanganui. The, person by whom he was employed afterwards" gave the cheque to Constable Purcell, in his presence.

Mrs Aikmad, Wanganui, deposed to having sold the prisoner a shirt, for which she was tendered in payment a £lO note. Constable Purcell deposed to having found two £5 notes, eight £1 notes, and 10s 4d in silver in the prisoner’s possession when he arrested him.

This being the case for the prosecution, His Honor summed up the evidence, and the jury returned a verdict of ‘ 1 Guilty. ” The prisoner was sentenced to 12 calendar months’ imprisonment, with hard labor. This concluded the business of the Session, and the Court .adjourned.