SUPREME COURT.

Wellington Independent, Volume XV, Issue 1328, 2 March 1859, Page 3

SUPREME COURT.

(Before His Honor Mr. Justice Johnston.)

Cbijiinal Sittings.

Yesterday, the usual quarterly sittings of the Supreme Court was held, at the Provincial Council Chambers, Wellington, for the despatch of Criminal business. The Court was opened at 10 o'clock precisely, with the usual formalities, Mr. Justice Johnston presiding on the bench. The following are the names of the gentlemen empannelled for the Grand Jury. vV. M. Bannatyne, Esq., (foreman); A. Burnes, W. Bishop, S. Braithwaite, J. C. Crawford Captain Carlyon', \V. LyoD, George Mooie,' W.B. Ithodeb, B. Stokes, W.W.Taylor, J. Varnham, and J H. Wallace, Esquires. After these gentlemen had been duly sworn, His Honor delivered the following charge :— "Gentlemen of the Geand Juby—

"I do not propose on the present occasion to occupy your attention for many minutes with any observations of a general character.

"I have reason to beiiere that steps hare been taken for the purpose of regulating the discipline of the prison of this Province, and for removing some nf the anomalies existing in that establishment to which, on a former occasion, I deemed it my duty to call the attention of the Grand Jury. " I sincerely trust that the result will be the establishment of a system of classification, dietary, labour and instruction which will prevent the gaol from becoming or continuing to be a nursery of crime, and render the sentence of this Court effectual,—as a terror to evil doers frtm the certainty and vigour with which they are carried out.

" But to one mutter connected with the gaol, I feel bound to call your attention—namely, its insecurity; and the temptation which it is constantly offering to prisoners incarcerated in it to make their escape.

" According to my view of the matter, after serious consideration, I am constrained to state that the moral responsibility for the escapes and prison breaches which have so frequently occurred in this place, does not rest exclusively —if it does at all—upon the imprisoned. "I think it is the unquestionable duty of those whom the State entrusts with the arrangement of persons to make them so secure as to leave to the imprisoned no reasonable hope of escape; nor can I think that .suoh authorities have any right to look to fresh indictments, convictions, and sentences in this Court as trie means of keeping offenders within the walls of their prison.

"If a man's hjuse were plundered and his children murdered, and after great laliour and perils the man traced out and apprehended the murderer, and on his way to deposit him in prison he stopped and tied the felon to a tree with a packthread, while he sought for some refreshment for himself, need he be surprised upon his return if he found the thread broken and the prisoner gone. What would the world say of his wisdom ? Sα when the law and all its machinery has been put into operation to convict—and has succeeded in convictiug a felon—and a heavy doom has been awarded to him, calculated lo strike terror into him, and all probable offenders—he is incarcerated in a prison from which he knows on his entrance that he can at almost auy time esciipe with the utmost ease. Is it to be wondered at that he makes the attempt ? On whom does the moral responsibility lie ? .. . "It is clear enough that the fear of such conviction has not in fact the effect of inducing men to abstain from attempting to make tkei escape. , r

"A Bill will bo presented to you against three men for breach of prison. Two of them were but last year tried—but a few mouths before sentenced—for the same offence.

"Proper physical appliances, or sufficient personal surveillance will be infinitely more valuable than convictions for prison breach. Still,- the notion must not be allowed to go abroad that such acts will remain unpunished. Offenders may feel very sure that ultimate escape is uext to impossible in this country,

under its: present circumstances, ar.d that by these attempts they are only aggravating and prolonging the inconveniences and evils from which they an; trying to escape." The Grand Jury then retired, and during the forenoon, found true Hills against the undermentioned prisoners : — flegiua v Eustace, prison breach " " Nahona, pejjiiry " " Hori, perjury " " Seymour, assault " " Love, arson " " Pepper, larceny " " Pepper, cheating " " D.irley, prison breach " " Stringer, prison breach "' " Shield alias Weston prison breach " " Regan, felony . Charles Swyer, Charles Birch, and Thomas Hopwood were also indicted for felony, bin in consequence of the committing magistrate at Ahuiiri having neglected to forward the depositions, and there being no evidence, the Grand Jury was compelled to return tbe Bills to the Court.

The petit jury having been sworu, the following cases were called on.

Regina v. Nahon-a. . Nahono Tv Ilanuka, an aboriginal native, was indicted for perjury. Prisoner pleaded not guilty.

, Mr. Brandon conducted tlie prosecution, and Messrs. King and Hart appeared for the defence.

...Mr. Brandon read tie indictment, and stated the case to the Jury. Mr. King took several objections to the .Indictment The Indictment called the defendant an aboriginal native, but according to the Arms and Spirits Ordinance, it should have styledhim an aboriginal nativenf New Zealand. ;.It also described David Stark Durie as a Justice of the Peace, whereas lift should have been called Resident Magistrate. ~ His Honor orerruled the objections. The r following witness was then examined.

~ Riciiabd Watson Woox, being sworn, stated—l am Government Interpreter, and attached to the Resident Magistrate's Court at Wanganui; I was attached to tbat Court in September last. I know the prisoncrat the bar I remember his being in Court in September last. On being shewn the depositions, witness stated that, he bad seen the whole of those pieces of paper before; I saw them at Wanganui; I was present when the information was taken; it is in my hand writing; there is a magistrate's signature attached, it is that of tbe Resident Magistrate of Wanganui. Cross-examined by ilfr. King- -The '.information was translated by myself to the prisoner in the aboriginal language of New Zealand. I was acting as clerk and interpreter to the Court at the time. The depositions were then put in and read.

By the Court —R. M, means Resident Magistrate.

Mr. King said that there was a fatal objection —as the Indictment did not agree with the information in several particulars. Mr. Brandon admitted that a variance did exist, but considered that it was not material to the case

An argument then ensued, various authorities being cited on both sides, w hen the Court was ultimately adjourned, at half-past one o'clock, for half-an hour.

On the Court resuming its sitting at 2 o'clock, one of the Jurors, named Brooks was absent, and was fined ] os. for keeping the Court'waiting a quarter of an hour. The argument was then resumed ; at the close of which, His Honor directed a verdict of acquittal to be recorded; , Regina v. Horn. His Honor informed the Jury, tliat this was a similar case to the former one, and requested them to be good enoug-h to record a verdict of acquittal. A verdict was recorded accordingly. His Honor then addressed the prisoners, Mr. W. L. Buller acting as luterpretor to the Court. His Honor said that the crime of false swearing before a Judge was a most heinous one. Whether they had done su had not been proved or disproved that day. They were to be discharged in consequence of a faultin one of those forms which the law required. They would not be further molested with regard to this case, but if natives wsre ever found guilty of this serious offence, they would be severely dealt with. The Court did not say whether they were guilty or not, it left it to their own consciences. The prisoners were then discharged. REGINA t>. SWYEES A.KTJ OtHEKS.

Charles Swyer, Thomas Hopwood, and Charles Birch, were indicted for Felony. The following witnesses were examined. Jonathan Jackson, being duly sworn, stated, lam a Constable, at Ahuriri. The prisoners Hopwood, Birch, and Swyer, came here in my custody. Swyer was apprehended at Ahuriri, about 10 weeks ago, on a charge of Felony. I do not always attend the police Court. There is no other constable than myself with the prisoners. The Magistrates have not entrusted me with any papers for this Court, nor any one else that lam aware of. There is a person named Halpeu at Ahuriri, who is at large. The depositions were taken by Mr. Harris the Clerk and interpreter to the Court, Mr. Harris, is' not here.

J. Kennedy Newton, being sworn, stated.—l am the person bound over to prosecute the prisoners ;against whom the Grand Jury has ignored the Bill to-day. It was in June last .that'the prisoners were taken up for robbing my store.

His Honor addressed the prisoners at so me length and told them the Grand Jury had thrown out the Bill, but upon what ground he could not tell. One of them had also been discharged at the last assizes, not because he was proved innocent, but solely from the gross neglect of the Witnesses who were nut in attendance, and whose recognisances bo had not been able to estreat in consequence of the culpable negligence of the persons who omitted to forward them. After severely reprimanding the prisoners aiid cautioning; them as to their future conduct they were discharged. ItEQtNA v. William Weston. _, -William Weston aftas William Shield, was indicted for prison Breach. Prisoner had been convicted twice before, (or forgery and horsesteflling, and was sentenced to 4 years imprisonment for each offence; making it term 8 years. Prisoner pleaded guilty to the charge.

BuuiNA. v. WILIJ&M DIIIT.EY. : William Darley .was indicted for a prison Breach, and pleaded guilty to the charge. Prisoner was convicted of felony at kst March assizes, and sentenced to two year's iiupii«onmeut and hard labour. At the following Jjne sessions he was convicted of prison Breach, and sentenced to an additional 12 months imprisonment and hard labour.

Eegina v. Bus Stbwqer. Ben Stringer was indicted for prison Breach, and pleaded guilty to tlic charge, Prisoner had been convicted of a-like'offenoo to Darley, had also received 2 years imprisonment, had escaped and received an additional senteuoe of 12 months at the June assizes.

His Honor put Mr. Mills into the Witnes box :

CiiAßT.i'.s Mills, being sworn, stated.—l am Warden of the Wellington gaol; William W'eston is a prisoner under my charge. He was sentenced to 4 years imprisonment for forgery, and 4 years for another offence William Durley was also a prisoner in the gaol; he was sentenced to 2 years imprisonment for Larceny in March last, and 12 months in June for prison Breach ; Ben Stringer was likewise a prisoner, and had received similar sentences to Darley, having been convicted of the same offences: I examined the marks that were made by the prisoners after they escaped; they effected their escape by cutting the flooring board of the cell in which they were coufitie'l; the board they cut is about 1£ inches in thickness; I search the prisoners twice a-day ; I found the spoon I now produce; made into a saw; it is sufliciout to get out of the Wellington gaol; there are no outside watchers.

His Honor informed Mr. Mills that he should consider it his duty to lay an idictment against him if any moie prisoners effected their escape from the Gaol. Ffe did not impute negligence to Mr. Mills, nor did he say that he had not dune his duty ; but he thought this course necessary to prevent the recurrence of the offence.

His Honor then addressed the prisoners at some length, and admonished them. He told them that he would have inflicted heavy sentences but he was not sure that it was not the fault of others placing temptation in their way and he did not think it necessary to supplement the neglect of others, by giving hard sentences of the Court. Western, Darlsy and Stringer were then each sentenced to 6 months imprisonment, with hard labour, to be computed from the termination of previous sentences. ' William Seymour \vns indicted for making an indecent assault on one William JS'icolls. Prisoner stated that he was totally unconcious of what he had done, being inebriated at the time ; and being unable to produce witnesses for the defence, he pleaded guilty. His Honor reserved sentence until to-morrow (this day), as be was anxious there should be an uniformity in the sentences. Begina i>. Peppeb. Mary Ann Pepper, a girl of 13 years of age, was indicted for having on the 27th December, 1858, obtained some hats from Mrs. Mason under false pretences, stating that Mrs Drans field had sent her for them. Prisoner pleaded guilty to the charge. Heoixa v. The Same. Mary Ann Pepper was indicted for having feloniously stolen a dressing case, a gold Watch, and several articles of Jewelry, the property of .Mr. Grant. His Honor said that as the girl bad pleaded guilty to tbe former offence, tbe learned Crown Prosecutor thought it unnecessary to proceed with this case. He coneurredin'this mode of proceeding, as be thought the ends of Justice would be fully met, and requested the jury to give a verdict of acquittal for the second offuuee Verdict recorded accordingly. Mr. Mills, the Warden of the Gaol, was then placed in the Witness Box.

Charles Mills, being sworn, stated—l h.ave no means of providing for thepunisbmenr, improvement, or instruction oi young females at the Wellington Gaol. There is only ene room set apart for female prisoners, and that is already occupied by Rosannah Hylteu,avery abnudoned character, who has been several times in my charge. There is no prorision f, r giving females hard labour, with the exception of cleaning the gaol. The prisoner at tbe bar would have to associate with Rosannab Hylton. Sajiuel Styles, being sworn, stated—l am Serjeant Major of the Wellington Armed Police; I know the prisoner at the bar, who has pleaded guilty of obtaining goods under false pretences; I have known her from a child. The mother is in Wellington, but the father is in the Country; I have not seen tb« mother iv Court to-day; they are in very low circumstances. The girl has been living with her mother, until slie was beaten and turned out of doors. She was not living with her mother when the present offence was committed ; I can state several acts of impropriety that she has been guilty of.

His Houor stated that be was quite at a loss to know what to do with the prisoner; if he was to award her that punishment which was her due, he might possibly be the means of ruiuing her for life, as she would have to be classed with a most abandoned wornau. He regretted that the state of the goal accommodation was such as to prevent him from doing his duty with regard to the prisoner. Punishment was intended to be corrective, hut if he sentenced the girl to imprisonment there was amoral certainty that instead of its proving a preventive from future crime, it would be the very means of increasing it. He would defer the sentence so that he might reflect on the course to be pursued. The present state of the treatment of criminals—there being no system of hard labour or classification—was in his opinion penny wise and pound foolish. The Court then adjourned until 10 o'clock this moraiug.