SUPREME COURT.

Wellington Independent, Volume XVI, Issue 1616, 10 September 1861, Page 5

SUPREME COURT.

crtminal sittings, [Before His Honor Judge Johnston.]

Tuesday, 3rd September. His Honor took his seat on the bench at ten o'clock.

The prisoners having been severally arraigned plended •' Not Guilty," witb the exception of Robinson Coupe, indicled for perjury, — in whose case tbe indictment was held to be invalid, and the case was postponed on the application of prisonei's counsel, until the next sitting of the Court in December.

Tbe prisoner was remitted to Wanganui, His Honor declining to admit the prisoner to bail, observing that the Resident Magistrate at Wanganui was the proper authority to whom lo apply. Burglary. Regina v. Richard Smith. Tbe prisoner was charged with having on tbe 4th day of November, 1860, feloniously stolen a watch, money and divers articles the property of one Thomas Dixon, in the house of James Swinbourne. The prisoner was undefended. The Crown Prosecutor stated the case to the Jury, and cblled the following witnesses: — Thomas Dixon examined : — I am a master mariner residing in Wellington ; I was at Swinhourne's Steam Packet Hotel in November last; I there lost a watch and chain and thirteen sovereigns; this (produced) is the watch I then lost under the following circumstances *. — I stopped at the Steam Packet Hotel two nights; tbe last night I had the pioperty about me at ten o'clock, when blankets were brought down to me and I went lo sleep on the sofa in ibe parlour, on the ground floor; tbe watch was then in my waistcoat pocket, and the money | in my trousers pocket, both of which I had on', having only taken off my coat; I missed the watch about two o'clock the following morning; when I woke up I found my waistcoat had been opened ; I slept soundly, having just come from sea, and having experienced heavy weather on the coast ; the window of the parlour looked out into the front street ; it was a front window ; wben I went lo sleep the curtains were drawn and tlie blind down ; I did not see whether the window was fastened before I lay down ; Mrs. Swinbourne fastened the door; when I awoke 1 found the curtains aside and the blind rose.

To the Court.- When I cxamired the window the night before it was closed, but the asp was not closed -, it was a balance sash window.

Joseph Pudney examined. — I am a labourer residing in Wellington ; I know tbe prisonei • I bought a watch ot him lately; this (produced) is the watch I bought of him on the 21st November last; I gave him £b for it.

To ihe Prisoner. — I bought the watch of you ; there was no one piesent; you offered lo sell me a good watch for £10 and I would only give you £5 ; you would not sell il me in the presence of auy one; I.bought the watch, sup posing it was Dixon's, iv order that he might get it again.

* Thos. Dixon recalled. The value of the* watch is £20. I

The Prisoner in defence stated, that he never gold the watch to Piulney. By the Court to T. Dixon (recalled,— l have seen tbe prisoner about the Steam Packet Hotel ; he used to clean boots, &c. Prisoner.— lf Pudney bought the watch supposing.it to be Dixon's, he would have brought some one with him. It was very easy for Pudney to say it was me, knowing that I don't bear a very good character, and bad been apprehended on the charge. His Honor then briefly told ihe Jury that the charge of burglary had broken down, but that if they were satisfied with the evidence thpy could find the prisoner guilty of Larceny,

stealing, in a dwelling house goods to the value of £b.

The foreman asked the Court if the receipt which Pudney had .produced were in the prisoner's handwriting.

J. Pudney recalled and examined by the Couit.— -I received the paper (produced) from Corporal Finnucane ; the receipt on being examined proved to be a receipt for the goods received hy the police from Pud ney, supposed to be the property ofT. Dixon.

Micaiah Reid, Warden of the Gaol, Examined, — The prisoner's present sentence is six years penal servitude, a previous conviction having been proved against him, and that offence having been committed while wailing for his trial on this charge; his conduct in gaol has been very good.

His Honor iv passing sentence on the prisoner observed, it would be hopeless to expect that any material addition to the term of his imprisonment would have any effect in reforming his character or protecting the public, but to mark the magnitude of the offence he should sentence him. to six years penal servitude, to go on concurrently with the former senteuce, the effect of which would be to add three months to his present sentence.

Misdemeanour. Regina v. James 'laylor. The prisoner was charged with having- on the Blh day of July, 1861, at Wanganui, obtained money under false pretences. The prisoner was undefended. The Crown prosecutor stated the case to the Jury and called the following witnesses: — Henry Elkin examined,— l am au Hotel keeper at Manawatu, in the employ of MrCook; I know the prisoner at the bar; I saw him at my hotel on the Bth of July last, he purchased some drink, in payment he gave me a cheque (produced) for £9 4s 3d ; he gave me to understand that he had received the cheque from Mr. Taylor, of ihe firm of Taylor, Watt, & Co. ; he told me hia name was Jacob Price, the payee of the cheque , I gave him in change £8 odd; I would not have given him the money change if he had not told me the cheque was from Mr. Taylor, of the firm of Taylor & Watt. By the Prisoner. Ido not know whether you told Mr. Cook that ihe cheque was yours; you did not in my presence. William Lyon examined,— l am a bookseller and merchant residing in Wellington ; I am agent for Tax lor, VV att, & Co. ; Mr. Taylor's name is Thomas Ballardin Taylor; (cheque produced) ihat is not his cheque nor his writing.

To the Court. — Tbele is no James Taylor connected with the firm of Taylor, Watt, -5c Co. ; thatis:iiot tbe signature of any one connected with that firm ; there is no other firm of that name.

The prisoner stated that he had told Mr. Cook that the cheque was his own, and that he had some money iv the Oriental Bank and ex pected some more, and remained in Manawatu sufficiently long for Mr. Cook to bave investigated his statement.

His Honor having explained the law bearing on the case.

The Jury after a short consultation found the prisoner Guilty. The prisoner stated that he fully expected that the money would have been in the Bank. His Honor in passing sentence remarked, that there was another charge of a similar nature, but owing to some misconception of duty, oversight, or negligence, tlie proper evidence lo prove that be had no account at the Oriental Bank, had not been produced. Without regard to any other case, there was sufficient to prove that the prisoner was a very dangerous character, and his crime called for exemplary severity, in awarding bis punishment. Afler refering lo the other charge still hanging over him, which it would very much depend on his own conduct whether it was gone on wilh or not, His Honor observed that he felt it liis duty to pass upon him a sentence which he koped would be sufficient lo mark tbe gravity of the offence and deter others from committing similar crimes The sentence passed upon the prisoner was 18 months imprisonment with hard labour.

Felony. Regina v. William Williamson. The prisoner, a private in the 14th Regiment, was indicted for stealing a sovereign from the person of one James Read, in the public-house of John Sutherland, on the 12th of August last.

The prisoner was undefended. Mr. Izard stated the case to the Jury, and called the fo'lowing witnesses : James Perkins examined: — I am in the employ of Mr. Sutherland; I saw ihe prisoner on the 12th Angust, in the bar ; Read and the prisoner were driuking together ; Read was the worse for liquor, and the soldier too, I think ; Head look some money out of his pocket to pay for some glasses and put it on the counter ; I saw a sovereign aud some silver ; I told him to put his mouey in his pocket ; the prisoner said he would put it in for him ; prisoner did so, and whilst doing so, I thought I saw some thing in the corner of prisoner's hand when he withdrew bis bnnd from Read's pocket ; I asked Read to let me see . what money he had ; I could not see but 18s. Gd. in silver ; I^sked the soldier to let me search him ; he said "yes," and took off his coat and I found nothir.g ; I asked bim to let me look in his boots ; he took bis boots off and took the sovereign out of one of bis boots ; I asked him to let me look at what he had in his hand ; he tried to throw the sovereign into his mouth, when it dropped on to the floor ; Mr. Watts picked itup from off ihe floor and handed it to Mr. Sutherland; prisoner put bis whole hand into Read's pocket. William Watt examined : — I reside on Thorndon Pint, and am a laborer; I saw tbe prisoner and Head at Sutherland's on the llth or 12th of last month ; I went into Sutherland's to get a glass of beer, and found a dispute about some money that had been lost ; one of Uie soldier'sdesired that they should be searched. To the C'-wt. — Both the prisoner and Read were drunk ; Read very drunk, prisoner not so drunk.

Caroline Stonnell examined: I live at Mr. Sutherland's; lam servant there; I know the prisoner and James Read; I saw them at the hotel. On Monday night, 12ih August, I was going into the bar for something, when I saw Read place some money on the counter ; I saw some gold ami silver; I don't know how much ; Perkins told him lo put his money in his pocket, when prisoner said be would put it into his pocket; he did so ; but kept something in his hand ; there was some suspicion as to the soldier's having the money; the prisoner was searched, afler the others, and on pulling off bis boot, something dropped on the floor, and prisoner complained of losing half a sovereign which he at first said was his month's pay. The prisoner in his defence said, 1 believe that 1 was drinking at the public house with Head ; we were both the worse of liquor ; Read was throwing bis money about, and afler some time theie was a dispute about some tbat bad been lo.sl ; I had v shilling and a pipe in my hand, and while I was being searched the shilling dropped ; I picked it up and placed it on the couuler aud then the sovereigu was

I picked up, but it must have been lost when Read was throwing the money about. I Caroline Sxonnell recalled— l did not see I what it was that dropped, until Watt's placed I the sovereign on the counter ; there was nothing ( else picked up. ' William Watts recalled — I cannot say whether it was a sovereign that dropped or not, as I did not see it until I put it on the counter ; I saw something drop and picked up a sovereign from where the prisoner was standing. His Honor having reviewed the evidence, the Jury after a short deliberation returned a verdict of" Guilty." The prisoner was remanded for sentence until some of the non-commissioned officers of the prisoner's regiment had spoken as to his general character. . The Court then adjourned for half an hour.

Felony,

Regina v. TJiomas Higgie, Sen., and Thomas

Higgie, Jun. The prisoners surrendered to answer an indictment charging them wilh having on or about 6th August, 1861, at Wanganni, attempted to drown one John McGregor with intent feloniously to murder the said John McGregor.

The prisoners pleaded *■ Not Guilty" and were defended by Mr. Borlase. Mr* Izaud prosecuted and having stated the case to the Jury, aud called the following wit-

n esses

John McGkegou examined— l am a farmer residing at Wauganui ; I was going to Wanganui iv August last ; I saw the prisoners at the ferry, ou my way there ; Higgie ihe elder spoke to me ; he asked me if I had seen a bullock of his ou my run ; I said no ; he said you have killed my bullock and sold it to the sawyers for £6 ; I said it was false, and a great many very angry words ensued between us ; he called me an hermaphrodite, and pdiuting to his sou, said I could not show anything like that; a great deal more was said ou both sides, after that I made a motion to go up the hill, and he struck rae a severe blow with a horse shoe, on the lower jaw which cut to the bone and bled very much.

To the Court. — He did not say what it was for, when he struck me the blow on the jaw with the horse shoe ; he seemed as if he wauted to quarrel with me. Examination resumed. — I then put out my left band to defend myself, and was going to strike with my right, when I was pinned by the son behind ; the elder Higgie then struck me on the temple with the hoise shoe, which •stupified me ; Mr. Lockhart the ferryman came to my assistance and I got away, shaking the younger Higgie over the bank; I saw a piece of wood on the shore, which I ran and picked np to defend myself with ; Lockhart called out to me to lay the piece of wood down and not strike Higgie; I did so; I was very much stunned with the blow, and did not exactly know what took place ; I recollect that they knocked me down in the water and nearly suffocated me ; the ferryman came aud took them off, after I was very nearly drowned ; they had bruised my spine while under water ; my lace was much bruised.

To the Conrt. — Tbe water was above my knees ; this was in still water, near the landing

place,

Examination resumed.— l had had no quarrel with Higgie for a long time, there was a dispute just then about some sheep; I was going to the Court-house, to prosecute Mr. Higgie for having scabby sheep on my rnn. Cross examined by Mr. Borlase. — I was at the ferry first ; Luckhart was not with me; I was waiting for the boat, when Mr. Higgie first came up; Lockhart was about 4 yards from me; I remember that there was a well near, the place where I first met Higgie ; I did not try lo throw Higgie into the well ; I did not seize hold of Higgic's shirt, as I passed to go up the bank ; Mr. Lockhart is my brother-in-law ; I saw no horse with Higgie ; it might have been a part of an oar tbat I took up, on tbe shove to defend myself with. To the Court. — It was about 6 feel long, and about as thick as I could grasp ; I will not swear that Higgie the younger struck me ; I do not remember his saying anything to me ; I did not hear him say, " I will have none of tbis lighting;" they had not said anything about the bullock.

Cross examination resumed. — I am not a Scab Inspector; his name is Gregor McGregor; I have been bound to keep the peace; I can't say bow often, perhaps a dozen times. I have been bound over to keep the peace, as towards one Patterson, peihaps 18 months ago ; I have been bound over to keep the peace, as towards one Deighton, and also, as towards my wife ; I can't tell any others ; I knew that the prisoner had been iv bad health, or else I would have had the first blow at bim.

To the Court. — For his abusive language to me, and calling me filthy names.

Examination resumed. — I do not recollect biting Higgie's hand, during the scuffle ;. Ido not remember the younger Higgie at any time during the scuffle, striking me.

Re-examined. — The well referred to, was a little one, alongside the pathway ; theie might be two.

To the Court.— lt was not deep enough to drown a man ; not even a cat unless kept down with one's foot.

James Lockhabt examined.— l am ferry*' man at Wanganui ; I remember McGregor coming down to the ferry in August last ; I cannot say the exact day; Mr. Higpie, sen. and jun. came after bim, I heard a coversation ; Mr. Higgie appeared very much put about.

To the Court. — He appeared angry. Examination resumed. — I noticed him as he was coming down to the ferry boat ; he came to McGregor, and called him a d d thief, and said," when are you going to pay me for that bullock you killed, and sold to the sawyers, for £(i " , McGregor said he knew nothing about a bullock; Higgie said, you know nothing about a bullock, and called him a *.v r and a Mahometan ;' McGregor asked him if he wished to insult him ; Higgie replied, insult you, wbo are you, and immediately with his clenched fist stiuck him on the ear, and then struck him witb the horseshoe on the lower jaw ; McGregor then took bold of him by the shirt and tore it; young Higgie then went to his father's assistance, and got McGregor pinioned ; I had been beside them, and as I thought itwas going too far, I went to Higgie sen. who seemed quite exhausted, with wrestling and fighting; I told him that I thought he was doing very wrong; he replied, d — in him, I'll give him more ; young Higgie had hold of McGregor all this time, Mc Gregor threw him off down the bank; McGregor seemed stupefied, and ran down towards the river, and took hold of a broken piece of an oar ; I went down and told McGregor to let it go, whereupon young Higgie wrenched it but of his hand ; McGregor then went closer to tbe river, ihe two Higgies following bim ; tbe younger one knocked bim down, and as be was railing, the elder Higgie struck bim on tbe temple wilh the horse shoe; they got atop of him and tried to keep him down ;

McGregor tried to wrench the horseshoe out oj their hauds but could not; McGregor was bleeding very much at this time; Higgie the elder, threw the horse shoe into the river, saying, I have done for the b r now ; McGre gor then got up and ran into the river; the two Higgies went in after him, and got atop of bim in the river, aud held his head under water ; I went in, and the water came up to my hips ; I heard Higgie say, while McGregor's head was underwater, he'fl have my hand off, he's biting. I'o the Court. — They kept him undei- water about the space of a minute. Examination resumed. — I assisted McGregor out of the water ; he was bleeding very much, and appeared stupefied ; I sent for Dr. Gibson, who came and dressed the wound ; I saw the prisoners again in the afternoon ; the affray took place about 11 in the morning; as I was taking him (the elder Higgie) across in the boat, be said Lockhart, I had the, best of it in the water; I replied it was a cruel piece of work, and I thought you meant to drown him ; yes, he said, I meant to see the last of him. Cross-examined by Mr. Boblase. We have two boats; they were both on the other side of the river.

To the Court. My partner had taken the boat across.

Cross-examination resumed. It was about a quarter of an hour before Higgie came up ; McGregor is my brother-in-law ; lie married my sister; he did not marry two ; I cauuot divulge that secret.

To the Court. He married my second eldest sister about twenty five year's ago ; they could not agree and parted, and then another sister went aud lived with him.

Examination resumed. I was near the parties all the time the row was going on; it was near a. side cutting ; Higgie struck Mc Gregor with the horse shoe over the temple, near the water; it was about half an hour before the doctor came ; McGregor was taken to tbe ferry house ; I was no distance from tbe parties while they where fighting ; there was a boy named Scott well up the bank ; I can't say whether any one else was present.

Re-examined. The boy Scott was well up the hill behind Higgie.

Mr. Boklase addressed the jury for the defence and called

Thomas Scott, who stated, I am a laborer in the employ of Mr. Higgie ; I was at the ferry at Wanganui, one morning about tliree weeks ago, about eleven o'clock ; McGregor was there when I airived ; McGregor and the ll iggies were there; I came up behind the Higgies; the first tbing I noticed was Mc Gregor drawing towards Higgie the elder, and threatening to put his head into a well; this was on the cuttiug ; McGregor siid to the elder Higgie several times, " Strike me, strike me ;" Higgie said "You are not worth striking ;" McGregor then caught hold ot him by the shirt, and made a blow at hiua, but missed him over the head; tjie younger Higgie went to part them ; he^ put his hands on McGregor's shoulder and told them to drop it ; McGregor let go the old one and threw the younger over the bank ; McGregor then went down and took hold, of an oar 4or 5 feet long and told Higgie to come on, which he did, when McGregor dropt the oar ; they caught hold of one another and went scrambling into the water together ; Higgie gave McGregor a couple of dips ; Mc Gregor came out of tbe water, pulled off his coat, and wanted to fight.

At this stage of the proceedings, at the suggestion of His Honor, tbe indictment for attempted murder was abandoned.

Tbe Jury, by direction of the Court, brought iv a verdict of" Not Guilty."

The Court theu adjourned for five minutes. Regina v. W. Williamson. Whilst the preceding case was going on Sergeant Hopkins of the 14th Regt., appeared to speak as to the character of the prisoner Williamson, who had been convicted of stealing a sovereigu from James Read, and having been duly sworn, stated, that tbe prisoner belonged to his company, aud had hitherto borne an excellent character. He had never seen him drunk, in fact, he looked upou him as one of the best soldiers in his company, and could not believe it when he was told of his having stolen a sovereign. He considered tbat he must have been so stupified with liquor as not to know what he was about.

His Honor in passing sentence upon the prisoner said tbat he should be very sorry to see the prisoner associated with the prisoners in tbe gaol after the very excellent character, to kindly given him by Sergeant Hopkins. He hoped that the position in wbich he was then placed would be a warning to him and that he would profit by the leniency accorded him by the Court. He should merely pass a nominal sentence upon him, namely, that ke be imprisoned for two days and as his term of imprisonment was then expired, the prisoner was discharged.

Assault with Intent,

Regina v. T. Higgie, Sen., and T. Higgie, Jun.

The prisoners were then arraigned on a charge of wounding one John McGregor with intent to do bim grievous bodily harm. The prisoners, who pleaded " Not Guilty," were' defended by Mr. Borlase. Mr. Izard conducted the prosecution.

The evidence as far as it went was substantially the same as in the foi mer case against the prisoner. Thomas Scott cross-examined hy Mr. Izard. I was standing near the parties, facing Mr. McGiegor; the elder Higgie bad his back to me ; the well was about 16 or 17 inches wide at the top' and about 3 feet deep. By the Court. I have been in Higgie's service about ten months; I went before the magistrate when the case was being examined ; I gave evidence there. William John Holder examined.* lam a butcher living at Wanganui; I remember being at the ferry when the affray took place ; I was waiting for Higgie on the opposite side of the river. . To the Court. Tbe river is about 200 yards. ',

Examination resumed. I was on the bank ; I saw Lockhart, McGregor, the two Higgles, and Scott come up ; a scuffle took place after McGregor went towards Higgie. To the Court. McGregor went rather first. Examination resumed. I saw the younger Higgle g° l 0 part them. Cross-examined. I could see the scuffle plainly ; I did not hear what took place. Mr. Boiu.ase then addressed the Jury for the prisoner, contending that with regard to the younger prisoner there was not a tittle of evidence to prove tbat he had done more than filial duty required of him in protecting and assisting his father; and with regard to the elder prisoner he con tended that what he did was in self-defence ; that having the horse ahout him for a legitimate passage— that of having it replaced on his horse's foot— and being assailed by this Wanganui Hercules he bad used it in self defence. Afler reviewing at great length the discrepancies in the evidence, for the pioseculiou Mr. Borlase said that he should,

w ith great confidence, • leave the case in the hau.is of the Jury. Mr. Izard replied, observing that, though a great deal had been made of the discrepancies in the evidence, he contended that instead of weakening, they strengthened the credibility of tbe witnesses as they proved that it was uot a trumped up tale. He coutended tbat the prisoners were the assailants, dwelling at great length on Higgles' statement to the Ferrymen as showing the animus of the prisoners, which, coupled with the fact of the second blow with the horse shoe, would leave little doubt on the minds of Uie Jurors that it was the prisoners intention to do tbe prosecutor some grievous bodily injury. His Hoiior carefully and patiently summed, up, directing the Jury as to their course under every conceivable hypothesis. The Jury then retired, and after an absence of nearly an hour, returned with a verdict ot " not guilty" against each of the prisoners, who after a caution from His Honor, were discharged.

This concluded the criminal business, and at half-past six the Court was adjourned till the 9th instant, when the civil cases willbe tried.