SUPREME COURT

Wellington Independent, Volume XVII, Issue 1731, 6 June 1862, Page 3

SUPREME COURT

CRIMINAL SITTINGS

Monday, June 2, ISG2. (Before His Honor Mr. Justice Johnston.) The usual quarterly sittings of the Supreme Court were held yesterday morning, in the Government Buildings, for the despatch of criminal business. His Honor took his seat upon the Bench at 10 o'clock precisely. The following gentlemen were empannelled for the Grand Jury, viz:— C. D. Barraud, A.Beetham, G. Hunter, T. Kebble, N. Levin, T. Mason, G. Moore, C. J. Pharazyn, W. B. Rhodes, D. Uiddiford, James Smith, W. Spinks, A. P. Stuurt, w. W. Taylor, Esquires, R. Stokes, Esq., Foreman. Messrs. G. v. Carlyon, George Hart, John Jackson, William Lyon, and Charles William SchulUe were excused. His Honor then delivered the following charge to the Grand Jury. Mr. Foreman and Gentlemen, of the Grand Jury for the Middle District of New Zealand.

lam sorry to find that among the cases to bo submitted for your consideration to-day, there are two in which, as far as I can ascertain, "for the first time in this part of the colony any aboriginal native lias been charged with the offence of rape upon a European woman, or any European has been charged with an attempt to commit such an offence upon a Maori woman; and this fact, if we may safely infer from it that no such offence has actually been committed, certainly appears very creditable to the inhabitants of the Colony both European and aboriginal. As far as I find from tha depositions, the fact of two such charges being made within a short time of each other, is a mere coincidence, the one case seeming to have no kind of relation to, or connection with the other. Moreover there does not seem to be the slightest ground for a suggestion that the difference of race of the perpetrators of these offences and the sufferers has anything to do with the commission of the offences It is now your duty and the duty of this tribunal to deal with these accusations without any prejudice in respect of origin for or against the accused, and I feel very Bure that whatever maybe the result of these investigations, all our intelligent and observing fellow, subjects, both European and Maori, will see and acknowledge that equal justice is done to all accused parties, without respect of person, condition or race.,

But it is well that attention should be specially called to the difference between the offence charged against the two Maori prisoners, as committed on a European, and that which is charged against a European prisoner as committed on a Maori.

In the former case it is alleged that the full offence of rape — which as you know consists in forcibly having connexion with a woman against . her will — has been committed ; and that too undej circumstances of aggravation, two men having taken part in the violence and each having assisted the other to perpetrate the offence. In point of law, I may remark, that each of the persons under such circumstances, is guilty as a principal of each act, and you need not trouble yourselves with any doubt which might suggest itself to your minds in that respect., on reading the Bill ofindictment. Theother offence, charged against a European, is not the full charge of rape but an assault with intent to commit a rape, and that means an assault for the purpose of having connexion with a woman by force and against her ■will. Now, although in point of immorality the latter sort of offence may be as bad as the former in the eye of the law it is not nearly so grave, inasmuch as the injury inflicted upon" the woman and the consequent mischief done to society is not by any means bo serious as when the full offence is perpetrated. W hile, therefore, the law treats rape as a felonious crime next in gravity to murder, an assault with intent to commit that crime is only a misdemeanour, though one of a very grave kind, I daresay gentlemen, it is quite unnecessary for me to make these observations to you, but I am desirous, by calling attention to these points publicly, to prevent false impressions respecting them from becoming current ainonoEuropeans or Maories.

Neither of these cases will, I believe, present to you any considerable difficulties, as it is no part of your duty to balance conflicting testimony if there should be any, or to do more than see that there are fair grounds for putting the accused on their trial. Still the cases are of a kind which require more caution and circumspection than almost any others, it being common experience, from old times down to the present, that there are no charges so easy to invent and none more difficult to refute. You will therefore take care to see that the testimony given by the women in either case is not manifestly inconsistent with itself and entirely untrustworthy; and if you find, as you probably will in both cases, evidence that the women made immediate complaint, or bore marks of violence aud suffering, those circuinBtances will go far towards supporting the charges. Fortunately I need not trouble you with any details.

There is a charge against a person named Williams for an attempt to shoot at another, which is one of a very important kind, and deserves the fullest and most scrupulously careful investigation, regard being had to the circumstances of the Colony.

The act seems to have been done hy the accused in resisting officers of justice and others who were employed in driving away sheep, and the evidence in the depositions seems to contain suggestions, first, that the accused when he attempted to shcot was aiming at a dog or dogs which were driving his sheep, and second, that he was acting in the defence of possession of his freehold.

If you should be clearly of opinion on the evidence brought before you that the intention of the accused was to shoot or shoot at.a dog and not at a human being, you would ignore the bill. But if you should not be of that opinion, you would proceed to enquire whether, to use the words of the Statute — the accused did ' by drawing a trigger, or in any other manner attempt to discharge any kind of loaded arms at any person," and if so, whether he did so attempt with the intent or any of the intents laid in the indictment, which will probably be to maim, disfigure, disable, or do some grievous bodily harm to that person. About the intent if so laid in the indictment, you would have little doubt, if you thought that the person attempted to fire a loaded gun at a person, within such a distance as such a gun so loaded would probably carry its charge, for men must always be presumed to intend what is the necessary or probable consequence of their acts.

If this offence be also charged as committed with intent to murder the person shot at, there may be a little difficulty in point of law ; but if you think there was any one of the intents charged, I would advise you to find the whole Bill, leaving it for the Court to direct the petty jury as to the law on that point according to the evidence at the trial.

But before you go to the question of tho intent, you must be satisfied that the accused actually did attempt to fire the gun by " pulling the trigger or in some other manner." Now if you think it clear that he used the gun merely for the purpose of menace and without any intention of firing it, you ought to find no bill ; and if you think he got the gun for the purpose of discharging it, but did not do any act by which he attempted to discharge, it, you ough t to ignore the bill , for the actof getting or even of loading the gun and bringing it out for the purpose of usin«- it, would not constitute an offence under the Statute! but if the person did any act necessary or intended' for the purpose of immediately discharging the gun at any one, that would ba sufficient to bring him within thestatute ; and if you have evidence before you that he did such act as cocking the gun and putting it to his shoulder in a direction pointing towards any one, and you think that but for aome external interference, such as a person

seizing him or -the weapon, he would have discharged the gun, that would, in my opinion, be an attempt within the Statute. I assume that there will be evidence before you that the gun was loaded, which is of course an essential ingredient in the offence.

Now if you are satisfied that the attempt was made and that one of the intents charged existed, it may be suggested to you by the evidence that the accused sets up a justification of his conduct on account of a defence of the possession of his freehold. And it will be nccesary for me to say a few words upon the law respecting that species of justification. If a man's house be entered or attacked feloniously and with violence, he is justified by law in using extreme violence for his protection against the agrgessor ; but in the case of persons who are merely trespassing, although the owner in possession may justify an assault and beating of the trespassers if they will not retire after request, made to that effect, he is entitled only to use such force as is necessary for removing the trespassers, and he cannot justify the use of a deadly weapon for that purpose unless lie himself were j assaulted, and the use of the weapon became necessary for his self-defence. Whether the persons who drove away the sheep, were acting in due course of law or not, there do not seem to be any circumstances, as far I see from the depositions which would justify the accused in firing or attempting to shoot them or at them. The other cases in the calendar require no | special comment. Two of them against two | prisoners are for Burglary, which as you know consists of breaking and entering into a dwelling house after 9 o'clock at night and before 6 in the morning, with intent to commit some felony therein, or breaking out of a dwelling house between those hours, after committing a felony. The other cases are cases of larceny which require no comment. I observe that three of the prisoners accused on this occasion are soldiers ; and there is no doubt that intoxication and want of wholesome employ- ! ment for leisure time are the causes of the fre- J quency of offences among that class of Her Majesty's subjects. 1 cannot forbear from repeating my often expressed conviction that no more important efforts can bo made for the general peace of society and protection of life and property, than those which tend to diminish the temptations to indulge in intoxicating liquors, and thereby the causes of crime, by providing innocent and improving occupations for the leisure of the people .

The Grand Jury then retired, and during the morning found true Bills iti the following cases : Thomas Walsh, Felony. William Hughes, Assault with intent. Makaora and ) n Waiata, } Ea P c - John Baily Williams, Felony. Patrick R. Daily ") and [-Burglary at Hardingg. Humphrey Connor, J Patrick R. Daily ) aud [• Burglary at Kells. Humphrey Connor, J Kimble Bent, Larceny at Trayuor'a. Kimble Bent, Larceny. and ignored the Bill of Indictment against John Baily Williams, for misdemeanour ; after which, His Honor discharged them with the thanks of the Colony and the Queen for their services. The Petty Jury were then called. John Williams was excused, in consequence of residing upwards of 2o miles from the Court; and T. H. Williams in consequence of ill health. J. Wilkinson applied to tne Court to be excused from serving as a juror; but the reasons advanced were not considered sufficient by the Court. The following case was then called on. Regina v. Patrick Daily. " v. Humphrey Connor. j The prisoners were indicted for having on the night of the 6th of May, burglariously entered the dwelling house of William James Harding, at Wanganui. and stolen therefrom, one cheese, valued lGs; a velvet mantle, valued at £3 ; a dozen shirts, valued at £1 is; a box of cigars, valued at £3 ; and sundry bottles of scent and oil, valued at 12s. . Mr. Brandon conducted the prosecution. The prisoners were two privates in H. Majesty';, 57th Regiment stationed at Wanganui, and were undefended by Counsel. j Mr. Brandon shortly stated the case to the Jury, and called the following witnesses. William^ James Harding deposed — I live at VVanganui," and am a storekeeper; on the morning of the 7th May, I found my shop, which is connected with my house, had been broken into; on the previous night, at halfpast nine o'clock, I had seen that the doors and windows were bolted ; on the morning of the 7th ! I heard some one knocking, and went to see who j it was : I found that the front door had been broken open, and the drawers all pulled out ; 1 had heard uo noise previously ; I got up at daylight, as usual ; it was between 6 and 7 o'clock; there was a board I screwed on the window of the door, which I found rent off, and lying in front in the rain ; there was also outsider the door, the pillar of a music stool, which I afterwards learnt belonged to Mr. Kells • through the hole in the door where the wood had been broken off, any person could reach the bolts that secured the door ; the key was left in the lock that night; I found on examining the door that it had been unlocked and the key taken away ; I found blood on the door post; 1 first missed a box of cigars, afterwards a cheese, later in the day I missed other articles ; theie were some shirts o mine, aud a velvet mantle of my wife's stolen they were quite safe the night before; the niantl* was brought to me by a sergeant of the 57th regt.; my wife, children, and girl were in the house with me on the night of the 6th. David Atkinson, deposed — I am a corporal of police, and acting gaoler at Wanganui. I produce certain property. William James Harding's examination continued — this is my wife's mantle, this is the cheese this 1 believe to be the box of cigars ; I lost several scent bottles, but cannot say how many. . Eichard Meredith, deposed— l am a color-ser-geant in H.M. 57th Regt., stationed at Wanganui. i know the prisoners at the bar, they are privates in the 57th Kegc.aud live at the camp at Wanganui. On the 9th May, I found a box of cigars, a bottle of oil, a bottle of scent, and a decanter; 1 heard of a robbery having been committed in town ; on the 9th May, I was sergeant of the guard at the Rutland Stockade, where Daily was confined as a prisoner ; at 1 o'clock Daily called mej and said—" I will take you to the place where I hid the things"; Connor was also a prisoner at the time ; Daily called out to Connor and said, " come along Connor, we will go and give up the things " ; Connor first said—" He did not know anything about the things " ; he afterwards came along with Daily ; I went with them, and they pointed out where the things were, that I have described; I conveyed the things to the orderly room, and gave them to the orderly room sergeant ; Ido not know the things by any mark, I think the cigar box is the same ; when Daily offered to take me to the place where the things were, he said — " I'll allow no person to receive a reward for me." Cross-examined by the prisoner Daily — You did not mention what things. Cross-examined by the prisoner Connor— l asked you to go, because Daily called you. James Fish, deposed— I am a corporal in H.M. 57th Kegt., stationed at Wanganui ; I know the prisoners at the bar, they are in my company ; on the morning of the 7th JVlay, about half-past 6 o'clock, I saw Connor at the camp, drunk ; Daily came out of the tent about 5 minutes afterwards, he was sober : The camp is situated about 900 yards from VLv. Harding's store, rather better than half a mile ; on the 9th May, I found the cheese in the York Stockade hill, which is about 20U yards from where these men lived ; I found a black velvet mantle the came day, about 20 yards from where I found the cheese ; the mantle produced

is the same that I found, I know it by a rent inside ; that is the cheese, I know it by the marks, as if some dogs had been eating it, I gave them to color-sergeant George Menzies.

George A enzies deposed. — I am a color Serjeant in H. M. 57th Regt.; I know the prisoners at the bar, they belong to my company. I received the cheese and mantle from corporal Fish on the 9th of May. I called Daily, he was going past my tent, 1 said "you seel have got the cheese :" hesaid " what cheese '?" I said ' the cheese that was stolen from Mr. Harding ;" he said " I know notuing about it ;" He changed color and I put him in the guard room on suspicion ; I searched Daily's tent; I found a cigar in Connor's bed ; close by Connor'a bed I found a black bottle ; I saw Sarsfield pick up a piece of cheese, which I compared and found that it fitted exactly with the cheese. Cross examined by Daily. — I believe there were four men in the tent ; I saw Sarsfield pick up the cheese, it was about two yards from your bed; there might have been six men in the tent ; there are six men and a corporal whose duty it is to see that no man leaves the camp. By the Court. — The guard is not sufficient to prevent men leaving the camp; on a dark night a dozen or two men might leave the oamp and the guard be not aware of the fact. Timothy Connell deposed. — 1 am a private in H. M. 57th Regt.; I know the prisoners at the bar, they belong to my company ; I had a conversation with Connor on the evening of the 6th of May; lie asked me to break out of barracks that night ; he said " Timothy will you break out of camp to-night ?" I said " I had no business to do so;" he said "never mind, we'll make a haul to-night and then we'll have plenty;" abou} half-past six o'clock on the morning of the 7th I met Daily and asked him if he had made the haul they had been talking about last night; Daily said "yes, we have it hid in the sand hills." Cross-examined by Daily.— You did not speak to me the night before ; I knew that you were going, because Connor had told me. Cross-examined by Connor. — I was a prisoner on the Bth May ; the reason I did not give information before was because I expected a reward be offered ; on the morning of the 9th serjeant Menzies took me to the Orderly room, and Capt. Douglas asked ma if 1 knew anything- about the robbery ; I told him I did. George Menzies recalled— cross-examined by Connor.— l never told witness Timothy Conneil that he would get ofl a Court Martial if he gave evidence against you ; 1 believe Connell got over the Court Martial because he gave evidence against you ; Connell was charged with being absent from piequet and drunk on duty. Timothy Connell— re-examined by the Court, — At the time this robbery had been committed, a charge had been brought against me for a military offence ; I was not tried for that offence ; no person in authority assigned a reason why I was not tried ; 1 know no matter of fact as a reason why I was not tried. By the prisoner Connor,— l have been once punished since that time ; I have received 14 days hard labour, and 7 days cells. By Mr. Brandon, — When I was first in the guard room, I complained of Connor giving extra duty to the detachment in consequence of breaking into the houses in Town; I gave the informa. tion to sergeant Ryan ; 1 heard of a reward being offered on the morning of the 9th ; I have had no conversation with any person about the trial ; I was drunk when I was taken to the guard room on the Bth ; I was taken to the guardroom lor drunken ness ; 1 was not aware at that time that I would be tried ; neither the Major nor any other officer gave me to understand that I should not be tried for my offence, if I gave evidence in this case. By the Court,— Neither the sergeant or the Captain ever spoke to me about the robbery. William James Harding was recalled, and deposed as to the value of the property that had been stolen, and stated it to be about £10. Both the prisoners made a short statement to the jury George Menzies— recalled — By the Court, Before Connell gave evidence, there was nothing said in my hearing about getting over a Court martial ; after he had given evidence, I heard the Major say but not in Conuell's presence, that on account of his coming forward like he did, the Court mar.ial would not be pressed. His Honor then summed up, going very carefully over the evidence, and explaining the law or the case. The jury retired, and after a short absence, returned a verdict oUjullty. The Court was th'en adjourned for half an hour. On the re-assembling of the Court, evidence was taken as to the character of the prisoners : George Menzies, deposed— Daily is a fairly conducted man in the barrack room, and I have never heard any charge made against him, beyond the one for which he was tried and acquitted at a former sessions, and the present. Connor was a good man in the Barrack room, and I am sorry to see him where he is, he might have, committed himself on one or two occasions by being drunk, but I have never heard of his stealing before. His Honor then addressed the prisoners in a most impressive manner, warned them to flee from their evil courses, — and gave them some good wholesome advice, after which he sentenced Patrick Daily to three years imprisonment with hard labour, and Humphrey Connor to two years imprisonment with hard labour. Regina, v. Patrick Daily. " v. Humphrey Connor. Tiie prisoners were indicted for having on the night of the 6th May, burglariously entered the house of John Forster Kells, at Wanganui, and stolen therefrom five decanters containing wine, and several bottles containing spirits. The prisoners were the same that had just been tried, and found guilty of burglary. No evidence being offered on behalf of the prosecution, the prisoners were acquitted. Regina, v. Kimble Bent. The prisoner was indicted for having stolen from the person of Thomas Traynor, on the 21st May, a watch and guard, together with certain goods and chattels of the value of £8. The prisoner pleaded not guilty. Mr. Brandon conducted the prosecution, the prisoner was undefended. Mr. Brandon shortly stated the case to the jury, and called the following witnesses. Thomas Tragnor, deposed — I am a sergeant in H._ Majesty's 57th regiment, stationed at Wanganui ; 1 know the prisoner at the bar : on the 21st of May, between 10 and 11 o'clock in the morning, Drummer Savage came down to the sergeant's mess and gave me some information; in conse. quence of the information he gave me, I went to my own room to see if my watch was there ; I saw it there at nine o'clock that same morning ; the door of my room opened into the mess room ; the prisoner was on fatigue duty at the sergeant's mess that morning ; I had the prisoner apprehended ; I saw Bent about 20 minutes afterwards, he was a prisoner under escort ; the prisoner said— " I took your watch when you were asleep, and if you will accompany me, I will show you where it is ;" I accompanyed him to Mr. Harding's ;" the prisoner desired Mr. Harding to produce the watch he had sold him that morning; Mr. Harding produced a watch, it was mine ; (the watch was here produced in Court by Corporal Atkinson) I claimed the watch as my property; Mr. Harding refused to give it up ; I sent fora policeman and gave Mr. Harding into charge. Cross examined by the Prisoner— To the best of my belief, the watch was on the shelf. Thomas Savage, deposed — I am a drummer in H.M. 57th Regt.; I know the prisoner at the bar ; I saw him on the 2 1st May, outside the Rutland stockade, at half-past 10 o'clock : ho had two silver watches in his possession. To the best of my opinion, that is one of them. I had seen Sergeant Haynor's watch ; the watch produced is like Sergeant Raynor's. I went to Sergeant Raynor, and said somethin^to. him, which induced him to go aud look after his watch.

John Murphy, deposed — I am a private in H. M. 57th Regt., I know the prisoner at the bar; in consequence of information I received, I arrested the prisoner on the 21st May. The watch produced is not the watch I found upon him ; I met Sergeant Menzies and Sergeant Raynor on the way to the stockade ; Prisoner told Sergeant Raynor that he had taken his watch, and if he would accompany him, he would show him where it was. William James Harding, deposed — I am a storekeeper, living at Wanganui. I knpw the prisoner at the bar; he came to my place ou the 21st May. I purchased a watch and chain from him ; I gave him £1 4s. 2. for it ; I gave the watch up to Major Durie, (Mr. Harding here explained the circum- 1 stances under which he purchased the watch). David Atkinson deposed. — I am a corporal of j police at Wanganui ; I know the watch produced ; I received it from Major Durie. W. J. Harding ve-called by the prisoner. — There was 4s. 2d. standing against you in my books; I gave you £l 2s. in cash, which would make £i 6s. 2d. instead of £1 4s. 2d. as I previously stated. The jury, after a short consultation, returned a verdict of Guilty. His Honor reserved passing sentence until tomorrow, in order to allow the serjeant of prisoner's company to give evidence as to his character. HEGINA V. KIMBLK BENTJ. The prisoner was again indicted for a similar offence, but no evidence beiug offered by the Prosecutor the jury returned a verdict of Not Guilty. Tuesday, Junk 3. The Court resumed its sittings at 10 o'clock j precisely. Kimble Bent, who had been found guilty of Larceny, was brought up to receive sentence. Richard Meredith, a Sergeant in H M. 57th Regt., deposed that the prisoner was a very good man, when sober; but when drunk, he was in the habit of selling his kit. He had never heard of his stealing before. His Honor admonished the prisoner, and sentenced him to six months imprisonment, with hard labour, ASSAULT WITH INTENT. Regina v. William Hughes. William Hughes was indicted with having assaulted Mary Ann Webb (an aboriginal native) with the intention to commit a rape. Mr. Brandon appeared for the prosecution, and Mr. Borlase for the prisoner. Mary Ann Webb examined—Mr. Nairn acting as Interpreter— l am a married woman ; I know Hughes the prisoner: I saw him on the 13th March, in the bush, I cannot state the precise time ; it was by the side of the road near the Hutt River ; I asked him to show me the road to Charles Mabey's ; there were two men present, Huglies and another; I did not stay with them, but merely stopped to put the question ; Hughe3 went with me ; he showed me the road out for a little distance ; he then 6aid to me, " Mary, I wish to have connection with you '• ; he spoke to me in Maori ; I said " no, I would rather not;" he offered me £1, but 1 refused and told him to keep his money ; I turned to come out on the road, when he then seized me by the shoulder and tore my clothes ; he knocked my hat off my head, and seized me by the hair ; I called aloud to the other white man, when Hughes seized me by the throat so tight that I could not speak ; T was about falling to the ground ; when I fell, he held me down with one hand, and with the other he pulled up my clothes, taking indecent liberties (the details of which are unfit for publication) ; I asked him why he should try to do me an injury; he tried to unfasten his belt, but I struggled and cried out ; he then struck me violently on the nose, making it bleed ; I then scratched his face ; 1 still struggled to get free, and I said, " I will now tell the police " ; he did not effect his purpose; when 1 told him he would seek the police he cursed the police; 1 then went towards his companion, and I said, "This man is a nice sort of fellow "; it was about forty or fifty yards from the road ; I said a little to him, and he said, " Mary, wipe the blood off your face"; the prisoner did not hear him ; I came out into the road to return to my own homu. By Mr. Borlase— l was married at the Hutt church ; I have seen the prisoner at times, but was not acquainted with him ; I have seen him at my own whare ; I know McHardie's public-house ; our whare is about a mile and a half from McHardie's on this side ;we have lived there seven years ; 1 I wanted to see a native woman who was living at Mabey's; this was the first time I went to Mabey's; when I came to where the men were working they gave me a bottle with gin in it; I drank a little ; it was before the ill-usage ; I did not ask him to come and show me the road ; I asked him where is the road, and he said, " come here Mary;" when he offered me the pound, I did not see the money; I did not ask to see the money, I said " keep your money ;" before I was struck on the nose, 1 did not kick him ; I did not run, I. was too weak ; the prisoner did not try to stop me ; 1 have been at McHardie's ; Igo there to fetch provisions for myself and husband : 1 go but seldom ; I have not left McHardie's accompanied by different men at different times ; when I came up afterwards to where the two men were working, the other man said he would give me 10s. if I would wipe the blood of my face ; I did not see the money ; the prjsoner was not there at that time. By the Court— I did not see the prisoner speak to Wilkie before Wilkio offered me the 10s. By Mr. Borlase — I was first, the prisoner was behind me ; they were cutting timber for the mill; they were only a short distance from the main road; I am not a Hutt native ; I was born at Kapiti ; the prisoner let me go when the blood ran down my nose ; ho did not attempt to seize hold of me again. Re-examined by Mr. Brandon — The conversation between Wilkie and I was half in Maori and half in English ; when I spoke to him in Maori he would answer in English; my husband ia a pakeha. David Wilkie examined — I reside at the Hutfc ; I am a sawyer ; in March last, I was working with Hughes at the Upper Hutt; I saw Mary Ann Webb on the 13th March, in Barton's bush ; prisoner and I were felling a tree ; she seemed to know the prisoner and asked him tho way to Alabey's; one of us offered her a glass of gin ; she did not drink it off ; he went with her and I went on falling the tree ; I went to help a bullock wag. gon about five minutes after, when I saw her again, she had blood on the upper lip, which ap- ! peared to be dry ; I did not observe that her clothes had been deranged ; she was crying very I heavily ; I said I did not understand what she was say ing; I said we would make kirn give her 10s.; she said "all right", and she stopped «rying directly. By Mr. Borlase — they were absent about five minutes, I did not show her the money ; she said "the money," and I said "kahore the money till 5 o'clock" ; she then went down towards McHardie's, which is about 500 yards off. David Lyster, policeman— l was at McHardie's public house at half-past 11 o'clock on the 13th March ; I saw Mary Ann VS ebb there, she was crying and bleeding at the nose; I observed her dress, which was torn ; she complained of the assault, and mentioned the person who had done it. By Mr. Borlaso — I can't say arching against the woman's character ; 1 have lived in the district for two years and have not seen any bad conduct ; I have heard it remarked that she was of bad character.

This closed the case for the prosecution. Mr. Borlase then addressed tho jury for tho defence, maintaining that there was nothing like an attempt to commit a rape on the part of the prisoner ; And that Mary Ann Webb must have known where Mabey's was, having lived in the neighbourhood for seven years. When he found that she actually resisted him he let her go, and on this indictment he could not be found guilty of even an indecent assault. John McHardie examined— l am a publican

and reside at the Upper Hutt; I know the prosecutor, Mary Ann Web ; J within the last threeyears she has got a very bad name for ehasity. John Robinson, Farmer, Upper Hutt — I know the prosecutor Mary Ann Webb; she has a very bad character for chastity throughout the neighborhood ; she his living with a man called her husband, who is a splitter. The learned Judge summed up, reading and commenting upon the whole of the evidence. The jury retired, and after a short time, returned into Court with a verdict of " Guilty." Sentence — Twelve months' imprisonment with hard labour. CHARGE OF FELONY. Regina v. Walsh. Thomas Walsh was indicted for stealing £2, the property of James Rei 1, at the house of William Reeves, Johnsonviile, on the 19th of March. James Reid deposed — I live at John3onville : I know the prisoner, and saw him at Reeve's about the 19th or 20th of the Month ; I had conversation with him that day ; he told me he was hard up, and I borrowed 4s for him to help him along the i\>ad ; he had an old gurnsey shirt which he said he would leave with me till he came back ; we had two glasses of rum at Reeve's public-house I was staying there ; the prisoner left that evening on the next day, the 19th, I missed £3 out of my pocket ; they were safe in my pocket at three o'clock the day before ; it was about one o'clock when I saw the prisoner ; I recovered one of the notes from Mr. Reeve on the 19 th ; I lay down the day before about five o'clock with my head on a bag of flour ; the money was then safe the prisoner was then on the premises ; I had £9 in notes in my pocket ; I could not say whether the j notea were clean or dirty. By the Court — I waa not drunk the last time I saw the prisoner, before I fell asleep ; at about ten o'clock I counted the notes ; there were then nine notes ; I changed one during the day, between five and six o'clock ; I th«n had eight notes and the change ; I know I had my money safe at five o'clock.l did not see the prisoner again that night; I awoke about 9 o'clock, and spent 2s. more ; 1 waa getting pretty well drunk at that time ; I might haveliad six or seven glasses of rum that day; I am inthe habit of getting drunk sometimes ; i drink pretty freely ; I got i'lo 23. 6d. that morning before. By the Prisoner — Mr. Reeve gave me £1 on the 19 th ; I swear I never gave you the £2. Williamlßeeves, publican Johnsonviile — I know the prosecutor and prisoner; they were at my house on the 19th March ; I recollect giving a note to the witness on the 19th; they were not both there the day before ; I believe Reid was ; on the morning of the 20th Reid complained of the robbery ; the prisoner called at my hou9e about ten o'clock in the morning ; Reid was there at that time ; they had a glass or two of grog together ; prisoner paid for a glass of rum as soon as he came in ; the two were together pretty well all the day ; I had observed Reid with money ; he had been paid the day before ; he changed two of the notes on the day he was paid, or before the prisoner arrived there; I observed the prosecutor with notes in his hand about twelve o'clock, which he afterwards put in his pocket; he lay down after that in the bar on a form, about twelve or one o'clock ; he had been drinking heavily the day before ; the prisoner, while Reid was lying down, was sitting close to him ; I went into my dinner; I returned to the bar, and the prisoner gave me a note ; he said, "Here is a note I have just picked up;" he did not say whose it was ; I gave the note to Reid, and, while we were talking about it, another note was dropped by Reid ; the prisoner picked it up, and said " Here is another one ;" I said, " Give it to me, I will keep that ;" I then went to finish my dinner, leaving them both in the bar ; I might I have cautioned Reid to take care of his monay •, | I do not know whether it was before or after dinner that Reid asked me for 4s. to give the prisoner, which I lent him ; the prisoner left about eight o'clock; Reid complained the next morning of having lost some money ; I saw the prisoner at Floyd's public-house on the 20th, and I told him that Reid had lost some money , and th&t J suspected he was the person who had taken it ; he denied having done so. By the Court — I had further conversation with i him on the subject, and he gave me up 65. ; Reid I was more or less drunk the whole day long, and going on in a foolish way with his money. William Clapham, of the Half-way house, Porirua R3ad, deposed that he saw the prisoner about 9 o'clock on the night of the 19th ; he had some drink and tendered a pound in payment. Thomas Floyd proved that the prisoner on the 20th, has changed a one pound note at his house. Joseph Angell, District Constable — I apprehended a person, but I could not swear it waa the pri- ! soner, he being so much altered ; it waa on the ! 20 th March; I searched him and I found nothing on him : I searched him again and found nothing on him ; I had previously received 63. from Mr. Reeves. j The prisoner then addressed the jury in his defence. He said that Reid had given "him the i £2, and that on the next day, on tho application of Mr. Reeve, he gave up 165., he telling him that if he gave up what he had left nothing more would be said about it. Xhe learned Judge summed up, and the jury retired, and after an absence of twenty minutes, they returned into Court with a verdict of " Not Guilty." Expenses of prosecution in this case not allowed. RAPE. Regina v. Makaora and Waiata. Makaora and Waiata, two aboriginal natives, were indicted for having, on the 10th. April, committed a felonious assault upon Elizabeth Hall, alias Elizabeth Dew, to which indictment they pleaded not guilty. Mr. Brandon conducted |the prosecution ; and Mr. Borlase was retained for the prisoners. Mr. Borlase submitted that the indictment was so bad that judgment could not be given upon it, as the offence waß not a divisible offence. They ought to have been indicted, one as the principal, the other as the aider and abetter. The Court — They take a different part in the perpetration of the same offence, but they are both guilty of the rape. The learned Judge quoted a precisely similar case in which it waa decided that the indictment was good. v Mr. Brandon opened the case for the prosecution and called Elizabeth Dew, who, being sworn, deposed that her name was Elizabeth Dew, and that she was a married woman ; I live at the Hutt ; I know the prisoners; they came to my house on the 10th April last : one of them came and knocked at the door; I went to the door; Makaora said "tenakoi"and I saidtenakoi" he said "do you know me," and I said "yes,"; hesaid"who are me," I said "youare the maori who worked at the swamp for Mr. Dew"; I said" the father of you make a dig at the tiwas for Mr. Dew "; he put his hand into his pocket and offered me a lot of money, making an indecent proposal ; I said ' "kahori you go down the hill again"; I went to the bed to take up the baby who had woke and was crying, and went to the door, and he pulled me back ; Makaora was then in the house alone, the other was outside; Waiata then rushed in with a large Btiek in his hand and said something in maori ; Makaora said that Waiata said, "if you make a equeel or hollor I will beat you brains out with a stick"; one of them tore the baby from me, and threw it on the bed ; one of them, I don't know which, pulled me down and dragged me along the floor ; Waiata turned me over when on the floor, and held me by the shoulder* while Makaora had connection with me ; they had previously torn my clothes when I way trying t> rush out of the house when Makaora got up he held me down while Waiata had connection with me; they then left the house; I took my child from bed, and went at once to Mr. Dew's my father-in-law's and told him what had been done. By the Court — I tried to get away ; I tried all I could to get out of the house ; I shouted out while I was an the ground ; I did not cry till they threw me on the floor; they did not prevent, my crying ; I shouted and holloed before I was thrown on the floor, and wept when I was on the floor.

By Mr. Boilase — I live on a high hill near the Hutt Gorge, immediately above the road ; it was about 7 o'clock iv the, -evening, after dark; I was married last Saturday ; had two children by John Dew who is now my husband ; I was never on intimate terms with any of his brothers ; John Dew was at Port Cooper for eight months ; he sent me £2, and I had what groceries, and all I wanted from my father-in-law ; I never said to either of the prisoners that I was short of flour; on the Sunday evening previous some one knocked at the door, and I said 'who are you,' hesaid 'I am Luke Sumnierfield, and I have some news from John '; I said 'come at proper hours and I willjtalk to you*: there was not a native in my house at that tune, he brought some one with him, I believe it was a native ; I sat down to sew after the Maories came in ; the dog was in the house ; he sprung at Makaora, and bit Waiata when he came in ; there was nothing on the floor ; I swear the bed quilt was not on the floor ; I have been living at my father-in-law's house since; there was a light burning in the house ; I swear I did not lay a mattrass on the floor and put a pillow on it ; I did not see the money after ; there was a plate knocked down in the struggle ; that was all the damage done ; the table was not upset ; I shouted very loud when he laid hold of me, and he shut the door; Waiata raised the stick when he came in, and it was then the dog bit him ; I only saw Makaora once before, when, at Mr. Dew'a request, I gave him a drink of milk ; I screamed loud a 9 they were throwing mo on the floor ; I had been living eight months by myself. David Lyster was called to prove that a material witness in this case (W, Dew) was dead. H. St. Hill, Esq., R. M., proved that the deposition of Dew, was read over to Dew, in the presence of prisoners and interpreted to them. Dew's deposition was then read, it showed that Elizabeth Dew came to his house with her clothes all torn off her back, and that she was crying all he time she told him the usage she had received at the hands of the two prisoners, she described all that had been done to her j she wa3 in a very excited state and was crying all the while. Sergeant Millward received a warrant to apprehend the prisoners on the 11th April, and went in company with a Maori corporal of police to the Hutt, but did not find them there ; he afterwards apprehended them at Otaki. By Mr. Borlase— l took the natives at the pa at Otaki ; they did not come away with me at once; I explained to them the nature of the charge ; Makaora said he would go at once only he could not get Waiata to come. Mr, Borlase delivered a long speech in defence of the prisoners, endeavouring to raise dcubts in the minds of the jury with regard to the character and credibility oftne prosecutrix. His Honor then summed up, and said that the appearnce of the prisoners here was in his opinion attributable to the feeling prevalent among their chiefs that they would get as large a measure of justice from the Queen's Court, than they would from any runanga or court of their own.

In the midst of His Honor's summing up, and consequently before the jury had retired to consider their verdict, the following witnesses were examined as to character : —

Herni Parai, a native assessor, living atTe Aro; a chief of the Taranaki tribe, deposed that he knew both the prisoners;" their conduct had always been good, and he had never heard of them doing anything of this kind before.

Hururoa, who had not been baptised, having made a declaration or affirmation under an Act of the Imperial Parliament, deposed that Makaora wa9 his son, and that Waiata was the child of his elder brother ; their character was formerly good ; when they arrived at Otaki there Jvere no policemen with them ; in the evening they held a meeting ; after deliberating for some time, they put questions to the accused ; they explained to the meeting why they were there ; the meeting took into consideration the crime they had committed, and they considered it w.as a small one; if it had been a crime for shedding of blood it would have been more severe with them ; two nights the question was debated whether they should be delivered up to this court; on the day the policemen arrived it had been concluded that they should be delivered at Wellington, The witness told the policemen to return, or it would be said they took them, and that his tribe had determined on delivering them up ; on the following morning, Martin, the chief, brought them into town ; he said he had a word more to say, that the Judge would speak a word of comfort to the prisoners and deal leniently with them. The jury retired, and after an absence of a few minutes returned into Court with a verdict of Guilty, with a strong recommendation to the mercy of the Court on the ground that they knew but little of our laws and our customs.

Mr. Nairn then explained to the natives present the verdict of the jury. The learned judge then addressed the prisoners to the following effect :— Prisoners, on the evidence the jury could not have decided otherwise than what they have done. lam very glad that they have advised me to be as merciful as I can. They have done so on the ground that perhaps you did not know how great the English law considered this crime of rape. Bui it is right that you and other Maories should know that in European countries the crime of which you are found guilty is considered to be one of the gravest that can be committed; a very short time ago the punishment was death ; I have now power by law to give you penal servitude for life ; [ shall not do bo however; I shall only pass upon you the least punishment that I think will be sufficient to have the effect of preventing you committing such crimes again. Were Ito give less punishment than I am going to give you, other Maories would would not consider it so grave an offence as it really is. A pakeha has this day been found guilty of only trying to commit the same offence ; had he really committed the act, he would have received a more severe punishment than I am about to inflict upon you. The sentence of the Court is, that you be Bent to the gaol at Wellington, and kept there at hard labor for the space of two years. If you hope for any more mercy, you must behave well in prison. His Honor wished the Maories present to be informed that if another case of the kind occurred, the guilty parties would have a much more severe punishment than was now inflicted on these prisoners. The court then adjourned until the following morning, at 10 o'clock. Wednesday, June 4th, 1862. FELONY. Regina v. John Baity Williams. His Honor took his seat upon theßenchat 10 o'clock This case excited considerable interest, and there was a large attendance in Court. The following are the names of the gentlemen forming the Petty Jury, vi*. :— Messrs. John Wheeler, Henry Williams, William Wilcock Frederick Webb, Charles Young, William Yorston, Alexander Yule, jun., George Webster, and David Anderson, foreman. The prisoner was indicted for raising the hammer, pressing the trigger, and pointing a gun at and against one William Douglas, with intent to maim &c. There was another count in the In- [ dictment, charging the prisoner with intent to do some grievous bodily harm. Mr. Baandcn stated the case to the jury at considerable length and called the following witnesses. Mr. Brandon conducted the prosecution, and Messrs. Hart and Borlase appeared on behalf of the prisoner, William Douglass, deposed — I live at Akatea and am overseer of Dr. Featherston'ssheeb station! I remember Mr. Atcheson coming to the station on the 16th April last. He came to me, and asked me to assist him to drive off some sheep that were tresspassing on Dr. Featherston's run. I went with him up the Ohanga river. t John Knowles, deposed — I am a Surveyor • I know parts of the country represented in the mw produced, the upper part of it; 1 oannofcasav whether it is a correct map or not, as y j • did not survey the land. The Ohanga river is the South*

em boundary, the Akatea the northern ; the sea, the eastern: anrt the mountains the western boundary of the rtt& . , ■ William UougW, examination continued— We went towards the Ohanga river when we got there we looked round for sheep. We saw some sheep but Ido not know the exact number, as the^were scattered about. They were not Dr. Fea y ther S ton' S sheep. In about 10 minutes afterwards, we saw the prisoner drmng some sheep alone. No coi,V3rsation took place between the prisoner and myself; he spoke to me several times. but I told him to speak to Mr. Atohwon. Ido not remember the exact words, Mr. Ateheson was present, and read some papers to Mr. \\ ilhams. Mr. Ateheson directed me and others to drive the sheep towards the sea ; Mr. Ateheson handed over the papers to Mr. Williams. At this time one of the prisoner's men came up, but he did not bring anything with him . Williams spoke to his man, and he went away in the direction of prisoner's whare ; the whare is about half a mile from the Ohanga river. Where we were standing is about a mile from the river; the man came back with a double-barreled gun, and handed it to the prisoner. We walked on for some distance first, following the sheep. The prisoner called us all to witness— and said—" Douglas, it is you I mean, mark ray words,— l mean to resist your taking those sheep." He repeated these words three or four times over. I told him "to speak to Ateheson, that I had nothing to do with it." At the time he was speaking to me, he raised the hammer of his gun to full cock. We were stauding still at the time, and prisoner was about four or five yards from me. I drove on the sheep ; prisoner did not continue with me, he walked round in front of the sheep. There were little terraces and flats about, the sheep went over the edge of a little terrace, I followed close behind them, and could see the prisoner on the little flat underneath the terrace, fwas on horseback, some of the others were on foot. When 1 got over the edge of the tesrace, prisoner was forty or fifty yards in front, walking towards me, the sheep being between us ; as soon as I came to the edge of the terrace, I saw Williams Stand still and raise his gun to his shoulder, in a direct line towards me ; it was a double barreled gun, and prisoner raised it when I came to the edge of the terrace, and pointed it in the direction of me. The difference of the level was about 14 feet. Cross-examined by Mr. Hart — I am now in the employ of Dr. Featherston, and have been for some years. I first went into his employ in 1850 ; 1 remained in it for three years and a half, my wages being £60 a year ; I then left him for about two years, and returned to his employment in October last, at a salary of £100 per year. (A gun was here handed to the witness, and the witness, standing in a witness box raised from the floor about 9 inches, put the gun to his shoulder, pointing to the wall of the Court, the gun being not quite horizontal, and described it as the position in which the prisoner held it when he pointed it at him.) Mr. Ateheson, another policeman, Mr. John Knowles, Mr. Harrison, Mr. Delmain, and two men in Dr. Featherston's employ were with" me when we went to drive the sheep ; there •were dogs with the party, but I cannot say how many ; all the dogs, with the exception of mine, were behind; I never have said, when I was before a magistrate, or at any other time that prisoner would have shot my dog if he had not been arrested ; I stayed at Dixon's place, at Masterton, in coming down, and in going up; I left the sheep at Matekuna ; I have come down twice from the station to Wellington since this transaction; 1 stayed one night at Dixon's incoming down, and another in going up ; I did not on either occasion, in the presence of Thomas Telford say that the prisoner would have shot my clog if he had not been arrested ; I left the parties on their road down ; I have heard of some previous attempts to drive the sheep off, but I never saw them ; on the night of the 16th April, I slept at Mi;, John Sutherland's outstation ; Mr, Atcheson Mr. John Itfcdwles, the policeman, Dr. Feather.s,ton's two men, Mr. Harrison, and Dalmain were there 'also, we all slept together; the prisoner was there with us, "he was not handcuffed. Dr. Featherston's home station, where witness resides, . and the place where the sheep were taken from, | is about eight miles as the crow flies, in a western j . direction ; it takes us four or five hours to walk j the distance ; there was a flood on the Ohanga on the 16th Apiil, and we had to go round about in consequence; I am aware that the pilsoner and his brother claim the ground on which the sheep were, as their lun ; we had to go two miles out j our way to cross the ilver ; the usual crossing place was so boggy, that we could not get our j horses . across ; the paper given by Atcheson to was handed back to him ; some of the ewes appeared to be great with young; we drive sheep at all times of the year ; the pound to which the sheep were driven, is about 100 miles from the place they were taken; I assisted to drive them to the beach. By Mr. Brandon— l do not think there were many ewes big with lamb ; they were a mixed lot of sheep ; the pound is the nearest that I am aware of; I know the ownership of the land is disputed; I always believed the ground from where the shesp were taken to be Dr. Featherston's ran; I have heard that other attempts have been made to drive sheep off. . Frederick Atcheson, deposed— I am Inspector of Police at Wellington. I received instructions from Mr. Fitzherbert, the Crown Lands Commissioner in April last, to proceed to the East Coast, for the purpose of driving off any sheep I might find trespassing on Crown Lands', I produce the authority under which I acted. On receipt of that authority, I proceeded to Akitea, and arrived there on the sth Apill, I took constable Kirkby and Mr. Knowles with me. I started from Akitea to Ohoanga on the 14th' April, and arrived there on the 16th. The distance is about lft miles. I took Douglas, two men, Mr. Harri.son, and Delmain, with me. When we reached Olianga, I saw the prisoner, and told him "I was Atcheson, the Inspector of Police ;" prisoner said—" I know you ; " prisoner was out on the open plain when I saw him, not at his house: he was more than a mile from the Ohanga riVer. It is a very rough country, although the distance from the sea is only about lo miles in a direct line, we had to travel 25 miles to get to it. I produced my warrant, prisoner read it, and returned it to me: I then showed him the clause in the ordinance under which I was acting, and he read that also. I saw some sheep ahead of me, and asked Kt. John Knowles, in the presence and hearing of the prisoner, «if he could tell me whether the sheep were on crown lands or not ?' MrKnowles produced a map, and said 'they were on crown lands.' I said, 'are you certain of this,' and he said 'yes.' I then placed constable I Kirkby in charge of them, and I, Mr. Douglas, Mr; Knowles, and the prisoner went over the land to look if we could see any more sheep about • prisoner followed us; I did not find any more sheep then. When we first found the sheep was between 12 and 2 o'clock. About 20 minutes after, we commenced to drive the sheep in the direction of the sea. Prisoner and I had then some further conversation. He said " I shall not resist you." I said — " I was glad to hear ifc, r for hehad his remedy, if we were doing wrong." About this time, a man of his, who had been with him, started off towards his house, after having some conversation with the prisoner. The prisoner afterwards told me, " that he would resist when I 'was going over his own freehold ; " I said—'.' in what way do you intend to resist ?" He-said — " by holding up his finger," J said I should be most happy to submit to it." We went on,- nnd in 20 minutes after the man had started off, I saw three men coming towards us from behind,' One of whom had a gun. Prisoner went to meet them, and I saw the man who was coming ■with. the gun, hand it to him. The prisoner and the men then came alongside of me. I said — "what do you mean to do with, firearms?" He said— bo would shoot any dog he caw worrying

his sheep" I said you appear to be nasty, you are not keeping your word, and shall be prepared for you I ordered Kirkby to take the handcuffs and a pistol out of the haversack, in the hearing and presence of the prisoner. I took the pistol and told Kirkby to have the handcuff's ready. 1 told prisoner, in the presence of his men, •' that I should have no shooting if I could help it : that the first person I saw attempt to shoot, I would put him in irons." I also said to prisoner, — " you are not going about in a proper manner to settle disputes," and asked him — "whether he was going to shoot dogs or men ?" Prisoner said — •' That is my business." We then attempted to drive the sheep, when Douglas and prisoner had some wen is. Prisoner told Douglas "he ought to be ashamed of himself, and that he would resist the driving of the sheap, Douglas replied , " Talk to Atcheson," prisoner then called us all to witness what he had to say. Douglas again replied, " talk to Mr. Atcheson ;" prisoner said, " No. it is you I am talking to ; mark me, Douglas, I warn you ;" thi3 was spoken in a deliberate and determined manner; prisoner j then went away, and I gave some' directions to the constable . Prisoner went round the terrace to turn the sheep back ; I kept close to the pri soner, for I saw that he meant mischief; Kirkby followed me ; we got beyond the sheep, and then he and we turned towards the sheep, he then made a dead stand, I was four feet from him ;*I saw Douglas' dog coming over the brow of the hill (witness here lifted his eyes, and with his j finger pointed upwards above his head ;) the hill was about the height of the ceiling of this hall ; (24 feet) ; Douglas came over the brow a few seconds after the dog ; I saw no sheep ; I heard the prisoner pull the cock of his gun, I heard the snap of the lock, but cannot say whether it was one click or two ; he then raised the gun ; previous to Douglas coming over the hill, I cautioned him again; he said, "he knew, what he was about, he had the best authority in Wellington for what he was doing;" (Here the witness lifted the gun up to his shoulder, with the muzzle elevated at an angle of 2-3 degrees from the horizontal) was not sure whether prisoner put the gun to his shoulder or not ; he did nothing after it was raised, he was stopped ; it was a few tecoricls before Douglas made his appearance that I heard the click of the lock. (The witness was asked to take the gun again into his hand, when the muzzle was less elevated than before.) 1 cannot say where his right hand was. The constable seized the gun, and handed it to me, and then put the prisoner down, I fired it off, it resembled the filing of shot out of a rifle, the gun kicked very much ; the barrel I fired off was on full cock, the hammer of the other was down, and there was a cap on the nipple ; I drew the charge of the other barrel, and found a heavy charge ot duck shot in it, the gun was taken away, and the prisoner handcuffed ; the prisoner said, "I may as well give you that," it was a six-barrel revolver pistol, loaded with ball and capped. As prisoner got up, he said, " you see lam cool." I wentVp to the house, found no more five-arms, and then took the hand-cuffs off. I left prisoner on parole, on the understanding- that if he did not come into town within a fortnight, Douglas would lay an information, and a man would be sent for him. My instructions from the Crown Land Commissioner was to treat him as leniently as possible. Cross-examined by Mr. Hart — I have been 18 month in the police force ; my salary has been raised since I joined the force ; it was raised three months after I joined from .£175 to .£2OO a year, and has lately been raised by the Provincial Council to £250 ; I returned from this expedition on the 29th April, and made my report to the Crown Lands Commissioner the same day ; i heard the prisoner was in town on the 30th April ; I had warned the prisoner to be in town, but he j did not voluntarily give himself up, as he had agreed to do ; Douglas came into town, and laid nu information, a warrant was issued, and I arrested the prisoner on that warrant ; Douglas went to AJv. Brandon's office, before he laid the information ; 1 had no further communication with the Crown Lands Commissioner, I received my directions to go upon this expedition from Mr. Fitz- I herbert, the Grown Land Commissioner; 1 am riot aware of any other case where the head of the police lias been despatched on a similar expedition i did not receive instructions from the Superintento go on that journey, I never spoke to him on that subject ; I dismissed the prisoner at Mr. Sutherland's station, as I was instructed to deal j as leniently witli him as possible : I was instructed if there was any resistance made to take him to the _ nearest magistrate ; My salary was raised in consequence of my complaining about travelling expenses ; I have been to Wanganui, several times to the West Coast, nine times to VVairarapa, and have been allowed nothing for my travelling-expenses; the dog was between prisoner and Douglas, in a line with prisoner, coining down an assent ; 1 cannot state whether the prisioner took aim or not ; the prisoners three men came to his assistance, they were on a level with us, about 40 yards off ; the men struck driving the sheep when they saw the prisioner had a gun ; and continued driving them when the gun was taken from him ; the sheep were a mixed lot ; I had no reason to believe that the other men were armed • we slept at Sutherland's out station on the night of the 16th April ; there were about J6 of us, we all' slept aloft, on" some slabs, the prisoner slept next to me, he was not armed : when I told the man to search him, he called all present to witness that he was cool ; I cannot say whether Mr. Douglas's dog had a collar on or not ; there were three dogs with the party. By Mr. Brandon— I am aware that a special constable was sent up to this station before ; I remember a person named Braithwaite having been sent ; I know of a previous expedition to drive off sheep. Thomas Kirkby, deposed— l am a private in the armed police ; I accompanied the Inspector to a place on the East Coast, called Ohanga, in April last; On the 16th April, we were driving some sheep, when I saw a gun fetched and given to the prisoner; when the prisoner took the gun, he came to the place where we were driving the' sheep, and said, " I mean to resist you" ; we drove the sheep some distance, when we came to a creek which we had to cross. The prisoner said, " now then, I mean to resist, I do not intend to allow these sheep to be driven off." In the first place the warning was general, in the second he said, " Douylas, I mean to resist your driving off these sheep. ■' Douglas said, "talk to him/ pointing to Atcheson. Prisoner said " no, it is to you I speak ; I caution you not to molest these sheep any further." He repeated this caution several tirae3 in similar words. The prisoner was at the side of the sheep ; the inspector, in prisoner's presence, told mo to take out the handcuffs; I had them in a bag slung to my side ; he said, " the man that raises a gun to shoot either a man or a dog, I will put him in irons." The inspector gave me orders to keep close behind the prisoner, and if I saw him attempt to present the gun, I was to take it from him, and take him in custody. The ground rises from the creek where they were about to cross the sheep. The prisoner was standing about 40 yards or more 'opposite Douglas, half-round, opposite the rising ground ; I saw a dog come over the rising ground, towards me, and Douglas came over next; immediately afterwards, there was a minuto between them. Prisoner raised the gun to his shoulder, but I am not sure if it touched it or not ; I have not heard any of the evidence in Court this moruing, and nobody has spoken to me about it. (A gun was here put into the witness' hands, and as he held ie, the muzzle appeared to be only slightly elevated above the horizontal ;) I then caught hold of the prisoner's coat collar, put him on his back and took away the gun. Cross-examined by Mr. Hart— When he pointed the gun at Douglas, I did not see the dog ; there were seven, there might have been eight in the party; there were three or four dogs with the party ; I did not see any collars on the dogs ; I was about a yard from from the prisoner, when he

1 attempted to fire ; 1 was on the right side ; I cannot say whether the gun touched his shoulder or not, but immediately he raised it, I pulled him back ; I came back with the inspector ; prisoner w as set at liberty on his own run ; prisoner was set at liberty near the liouse he is occupying ; I helped to drive 'the sheep to Featherston ; 1 saw prisoner afterwards at the Upper Hutt, when he was coming into town ; the last place I saw him, previously to seeing him at the Upper Hutt, was at Mr. Sutherland's station ; Douglas left me at Matakuna ; it is a very rough country ; I cannot tell the distance, from Sutherland's to the sea but we went there in one day with the sheep ; after Williams was set at liberty, we took no precautions for the protection of Donglaa. John Knowles, deposed — 1 have had this plan before; I received it from the Commissioner of Crown Lands ; I have not gone over the whole of the country represented by this map ; 1 cannot speak to its correctness, not having surveyed the lani ,* I know the whare where the prisoner resides; ' it is on a creek running into that river ; as the j crow flies it may be about five miles troni the sea ; I waspreseJit when some sheep were taken possession ot ; it was about a mile from the prisoner's whaie ; it was inland towards the mountain on flat land , and was about a mile from the Ohanga river. Cross-examined by Mr. Hart,— l received that map from the Commissioner of Crown Lands for the purpose of showing Crown Lands ; the map produced Is the same I received; Mr. Williams' land is marked on the map according to his application, and all other lands, 1 presume, are Crown lands. By Mr. Brandon, — The instruction I received from the Commissioner was, to lay out, if necessary Mr. Williams' land, and to see that the boundaries on the plan were in accordance with the application. ' This closed the case for the prosecution. Mr. Hart submitted there was no case to go to the jury ; that the party who went to take the sheep were all trespassers. His Honor overuled the objection. Mr. Hart then said that he would take upon himself tha responsibility of going at once to the jury, without calling witnesses He said that ,the presumption in law was, that if two constructions could be put upon an act, the one in favor of innocence is always presumed. The dog which the prisoner was justified in shooting, was, as the witnesses had shewn, in- a line between him and the prosecutor. (Mr. Kart here referred to an act of the General Assembly, for the purpose of shewing the powers of Land Commissioners : but His Honor ruled that it could not go to the jury, unless it was put in as eviden c). Mr. Hart continued — He would rest the matter of fact on one or two very short remarks — aas it credible that the Inspector of Police, if he believed fhafc tho prisoner raised the gun with the deadly intent of shooting a man, would let that man loose within one day's walk of his intended victim, without taking such precautions as to prevent such an act ? And it was in evidence that he had taken no such precaution. It was not credible. The prisoner had called all around him to witness what he was going to do, and when he got up, after being thrown by the policeman to (he ground, he called all present to witness that he was perfectly cool. Was it likely that he would do so if he was guilty of the charge imputed to him. A man wai presumed to be innocent until he be proved guilty. There was no evidence to show that he ever intended to shoot the man, for the dog was in the line of direction ; and he could not help expressing his opinion, that with the knowledge which. the learned Crown Prosecutor must have possessed of the circumstances out of which this charge ha 3 arisen, he ought not to have lent his aid and advice in such a prosecution. His Honor then summed up in a clear and impartial manner, going veiy carefully over the evidence, — and explaining the law of the case. His Honor said, that if the jury were of opinion from the evidence, that there waa an intention on the part of the piisoner to shout the man, and were satisfied that the raising and cocking of the gun tvas for the purpose of shooting him ; then however painful it might be to their feelings, they were bound to do their duty, and find a verdict of guilty, as he would then be guilty of the offence • but if they thought he only intended to shoot the dog, or to fire so as to alarm the people who were driving the sheep, then they would acquit him. If any doubt arose in their mind, they would give the prisoner the benefit of the doubt. The jury, after a short consultation, returned a. verdict of Not Guilty. On the announcement of the verdict, there was a slight applause in Court, when His Honor remarked that if it was repeated, he would have the person found out, and committed for contempt for it was equally as indecent to applaud, as it was to hiss in a Court of Justice. His Honor then addressed the prisoner, and discharged him out of custody. This being the last case for trial, His Honor discharged the jury, with the thanks of the Colony and Queen.