THE Wellinton Independent. Tuesday, June 18, 1861.
n flM H eOTii_4_a___*_--_4^^ my learned T^have aooepted from the Representative of .the, Crqwu in t th£ Clloiy,<£toaUf which » tWe 'object » to' settle any disputes whic|i,msy arise among persons formerly anArmS; a^tyst} tb^Grown, who-, may appeal 'io its clemency i'or the return of tbeir forfeited-. lajifls^j'Jtpve taken ,oare, and shiitake the ' duties thus/, undertake vshall- in no. way. intcrferfl:.?^th'.ihexSHting-f*'.PT/!*« t h;the/.conrer nipnpjB < 9f{t^q,suitnrs,.oi;,.the,Supifime.eojJTfr.< ••,;,'. .jia^^giadtbatthereare.but fe.w< aud those not > very* important j cases: foryoup, consideration io* • (ky.'ni vr; t H.'v ■*! ••! >■'■'"' ••' , " ; ' , '' ,, I '"' I l '" 1 ' : ;,: " Mflherei^'a.chitrgei agtlinst'd -person named Ja'ok^n'fo-r'irlttlicio'rfsly' killing a : b(»w7 irf which , t!i^ r Wvicl'eri<j'e"'Sfe'era^ - ti)T>'e'^iiti.'eiy clrouijcjsikp'tikl.j and it may be not very couclUsi've; But' you" will find that a cow was kj.ll-ed, tjijit theacc^pd., v&VseEh with his ( tucket near the place Where the cow wasvafterwar-ds found \deajL that a shot wAM v tb P&oft frO^th^Vairectipn.and thivLaj-XL.day_ the musket appearedas if it had been recently ifiredf dnd a-iuuiid of the prisoner's amifa'UWitipn: was "missing/ '<'••' -cf ftryofaifind that theevidfence tends to prov^the pffe.vee a£ ! a'gkinst tlie accused, and 1 thit there' i. tifprtml) faoi. c_ise foi" him toi ari-swer, you ought ty find a true bill. tbe case of a person named Noonan a cliarge ,'of bur&^y is preferred ; and burglary, as, "you know, consists . of unlawfully breaking and entering a dwelling house between 9 o'clock at night and 6 in the morning with an intent to commit a felony, therein. The felony whioh it isalleged that the accused intended to. commit in this case, was a rape upon the wife of a man named Kelly, a Serjeant in the 14th Regiment, in which regiment the prisoner was a private. You will possibly find abundant evidence of a breaking aiid entry of the house after the hour of 9 at night, and the only question for you ..wiil.be whether or not there be any evidence tending to sheWthat in committing that act of violence, the prisoner did it with the intent assigned, or with the intent of committing aty other felony. If his language and conduct were sucli" as in your opinion to manifest such an ji\te.it, you will find a true bill ; but if you can, : reason for considering that his intent was other'than to commit a felony— either rape or any other— you will ignore the bill. , In a case against Burgess and Heslop for : stealing goods in. a British, ship at sea, or a? it is sometimes. called broaching cargo, you will cotisidet whether .there be not some evidence agri-list; both persons, and if you think there is, you will find a true bill, or true bills. I must rem i rid you, however, tbat statements made by a party accused to witnesses cannot be taken as evidence' tigainst other" parties accused, if they, were jmade in the absence of. the.latter. A-,case against a prisoner named Smith seems to indicate ah absence of very strict surveillance over, the convicts in the prison oi this Province but about that topic I refrain, in the meantime from making such reflections as the facts obvious" ly 6Uggest to us. It would appear that one of the hard labour prisoners, a man named Flieger, on his why from work, picked up a bundle of papers which turned out to be Bank notes, in the middle of tbe street, and in the presence of the overseer. This bundle he appears to have been allowed to retain in his possession till the next mornjng, Vv'hen heput it away in a box on a shelf, on jgoihg put tb work. On his return at noon, he, missed. the. bundle; and notes, whicb you. will probably believe were the same which formed the.b.undle, were afterwards found on the* person of Smith. A stockman from the country beihgin town on the day in question, had lost six Ba.rik notes rolled up iri a bundle, and you will probably think that these were the notes which" be had lost; '•"■•. •.Qn-thatievidence/ifyou think there is a case against. Smith for stealing the notes, you will fiiavtvuefoii: , ■ Want of space compels us to omit our report ofthe '.trials, till our next.
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Bibliographic details
Wellington Independent, Volume XVI, Issue 1592, 18 June 1861, Page 2
Word Count
688THE Wellinton Independent. Tuesday, June 18, 1861. Wellington Independent, Volume XVI, Issue 1592, 18 June 1861, Page 2
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