SUPREME COURT, HOKITIKA.

Westport Times, Volume III, Issue 504, 15 May 1869, Page 2

SUPREME COURT, HOKITIKA.

THE OBEENSTONE MOT. On the 11th, John Wheelan, who was convicted previously, on an indictment charging him with assaulting, at the Greenstone, two police constables, with intent to inflict grievous bodily harm, was brought up for sentence. His Honor pointed out that the indictment did not raise thequestion as to whether the police were assaulted and obstructed in the execution of their duty. The prisoner was, therefore, remanded for sentence, the Crown Prosecutor having determined to prefer a fresh bill against him for the assault on Cashon, in which a count would be added charging him with also obstructing the police in the execution of their duty. Later in the day, the jury returned into court with a true bill against "Wheelan for the assault on Cashon, and for obstructing the police in the execution of their duty, and the prisoner, after trial, was sentenced to three years' imprisonment. Mr Justice Richmond took occasion to remark during the trial upon the unmanly style of conflict which would seem to prevail at the Greenstone. Jt was sworn by one of the constables that earlier in the night, when the row took place which was the cause of the trial, he had seen two men beating one man in the street. His Honor said, if men would fight, let them do so in a manly, British style—man to man; not on the cowardly principle of two to one. RAPE. James Thomas Purnell was indicted that he did, on the 27th day of January last, commit a rape on Hanna Smith, a girl under ten years of age ; and Anne Smith, the mother of the child, was indicted for having aided and abetted in the commission of the offence. The female prisoner, who had an infant in her arms, was allowed a chair on the floor of the Court. Before the child gave her evidence, His Honor examined her as to her knowledge of the nature of an oath, and was so far satisfied as to allow her to be sworn. Before giving her evidence she cried bitterly, and the Crown Prosecutor, with very great difficulty, elicited her evidence, and exhibited a large amount of patience in doing so. Though very indistinctly given it went to prove that the offence had been committed. The evidence of Dr Beswick and Dr J. Rutherford Ryley, SurgeonSuperintendent of the Hospital, proved that the offence had been partially committed. After two other witnesses had been heard, the little girl was brought forward to be cross-examined. The mother also cross-examined her, but did not in any way benefit her case. In defence Purnell denied that he had committed the act imputed to him. Anne Smith vehemently denied that she had beea a party to the dishonor ot her child, and pointed out that the prisoner Purnell was a poor working man, who had nothing to bribe her with to do such a thing. If the child had done such a wrong outside, it was not her fault. The jury retired for a very short time, and on returning into Court, found both prisoners Guilty of the second count. His Honor, in passing sentence on Purnell, said that the prisoners had been found guilty of an offence so heinous and unnatural that it was impossible to enlarge upon it, and, for the sake of common humanity it was as well to get it out of sight as soon as possible, The sentence of the Court was, that the prisoners be imprisoned and kept to hard labor in one of her Majesty's gaols of New Zealand for a period of ten years.