SUPREME COURT.

Wellington Independent, Volume XVII, Issue 1800, 4 December 1862, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. [Before His Honor Mr Justice Johnston] Monday, December Ist, 1862. [We gave ,„ summary of the proceedings of this court, in our issue of Tuesday last. The following are the full particulars of the evidence taken at the trials.] His Honor took his seat upon the bench at 10 o'clock precisely. The usual formalities having been observed, the first case called was that of — FELONY. Regina v. Thomas Grady. The prisoner, a private in the 2nd battalion of the l_th re.^t., stationed afc Wellington, was indicted for having on tho 23rd September, 186*2. stolen and taken away from the premises of one Joseph Fredman, Lambton quay, three watches, and a silver chain, being vaiue'd at upwards of £H, against the statute mado and provided. The prisoner pleaded not guilty. Mr. Brandon conducted the prosecution, the prisoner was undefended. Mr Brandon shortly stated tho case to the jury, and called the following witnesses :— Joseph Fredman, deposed : I am a watchmaker and live on Lambton Quay. 1 have seen the prisoner at the bar at the police office. On the 2'3rd September, I had my shop-window broken. I was upstairs at the time^ being ill, having had fits that morning. It was about 5 o'clock in the afternoon when the occurrence took place. The premises are a shop on Lambton Quay, and there is only one entrance to ifc. I went down stairs in about ten minutes afterwards, and saw a pane of glass smashed in. In consequence of what my wife told me, I inspected the shop window and missed three watches. The silver watch produced, I recognise as one of those that were stolen by Alexander Mackay's name being engraved on ifc. I cannot swear to the geneva, but I lost one like it ; the other watch has a mark on the case, by which I know it. The watches were hanging on hooks in the shop window the night before. 1 value them at aboufc £ 1 1. Katherine Fredman, deposed, — lam the wife of Joseph Fredman, thc last witness. I know the prisoner at the bar. I saw him on the 2.'.rd September last. On the afternoon of that day, I was upstairs with my husband, who was ill, when I heard a noise of glass breaking. I went down stairs, and saw the soldier's arm in the shop window, taking the watches off the hooks. I said to him — " what are you doing ?" he replied — " 1 am taking your gold away." I went outside and begged him to give me the watches. He had two gold watches and a silver one, they were in his right hand. I begged of him to give me the watches as they were nofc mine. He said he would " sooner smash them first." I went to M r Maxton's, ray next door neighbour, and called out for assistance ; I walked up as far as Mr Taine's, when Mr Maxton joined me ; 1 told him that the soldier had broken the window, and stolen the watches ;Mr Maxton then put his arm through the prisoner's and told me to go back to my shop ; 1 did so, and told my husband what had occurred. Samuel Maxton, deposed,— l am a baiter, and live on Lambton Quay; I know Joseph Fredman, his residence is 30 feet from mine ; 1 remember a circumstance occurring on the 23rd Sept ; I heard Mrs Fredman calling out, "Mr Max ton," I went out, and she told me that prisoner had stolen some watches ; I took the prisoner by the arm, and saw that ho had three watches, two gold, and one silver one; he attempted to put them in his !pockei|; I said I would not allow that; he told me to take my arm away ; I said 1 would not ; I took

the watches from him, giving the prisoner in charge to Ritson, and ran to the Police Court for assistance ; as I came back, I saw Ritson and the prisoner struggling . the police then secured him, and took him to the station ; I gave the watches to Inspector Atchison. By the Court. — The prisoner was excited, but not drunk. Frederick Atchison, deposed, — I am Inspector o Police ; tho three watches produced are the same that I received from Mr Maxton, This closed the eas* for the prosecution; hia Honor then summed up ; and the jury, after a short consultation, returned a verdict of guilty His Honor deferred passing sentence, as theref was no sergeant of the llth Regimen* present jto speak to the prisoner's character, his Honor remarking, that possibly the military authorities might be indifferent as to what sentence he passed, yet he was desirous of having the fullest information before doing so. At a subsequent period of the day, Francis Hartlefc, deposed, — I am a sergeant in the 2nd Battalion of the 14th Regt., stationed at Wellington ; I have known the prisoner at the bar, for about two years ; his character has been a good one during the whole of that time, first class. His Honor then addressed the prisoner, gave him some good wholesome advice, and sentenced him to 12 calendar months imprisonment with hard labor. TELONY. Regiha v. Aarow House. The prisoner was indicted for having on the 20th September, 1862. forged and uttered a warrant or order for the sum of £10, purporting to be an order on the Bank of New South Wales, drawn by William Hickson, in favor of the prisoner, against the statute made and provided. There were two counts to the indictment; the second one charged the prisoner with having uttered the cheque, or order, knowing it to be forged, and obtaining money under false pretences. Mr. Brandon conducted the prosecution, the prisoner was undefended by counsel. Mr. Brandon shortly stated the case to the jury, and called the following witnesses: — Alfred Wise, deposed, — I am a Licensed Victualler, residing in Wellington, I know the prisoner at ths bar. On Saturday the 20th September, he gave mo the cheque produced. The amount of my bill was iM 18a, aud I gave the prisoner £5 2s in change for the £10 cheque. I put the cheque in mypocket and being doubtful ofit, I took it to Mr Hickson on Sunday morning. On Monday morning I went with the prisoner to Mr Hickson's office, and Mr Hickson told us the cheque was forged. It was Mr W. Hickson the merchant I mean ; I know no other Mr W. Hickson. Cross-examined by the prisoner, — I gave you £5 2s in change for your cheque ; the sum of 64 18s was within a shilling of what you owed ma ; you said, when I told you the amount of your account, that I had not charged you sufficient ; when you asked me for your account I was perfectly sober. William Hickson deposed, — I am a merchant living and carrying on business at Wellington. I know the prisoner afc the bar, House ; I stopped several times at his house in passing up the coast; he kept the Ferry Inn at Manawatu ; I never gave the prissner a cheque ; that is not my signature attached to the cheque produced; I do not owe the prisoner a penny, and I never gave him authority to draw upon me ; lhave no private account at tho Bank of New South Wales; the account opened is in the name of the firm William Hickson & C'o; I have a private account afc the Bank of New Zealand ; I know ot no other William Hickson in Wellington than myself; the hand writing on the cheque is not similar to mine. Edward Miller deposed, — I am Manager of the Branch of the Bank of New South vValos established in Wellington ; William Hickson and Co have an account at the Bank, and there is another account in William Hickson's name as Treasurer for a Club, bufc he has no private account. The prisoner said in defence, that he thought Mr Wise's evidence was contradictory ; that there was no evidence to show that he attempted to imitate the signature of W illiam Hiekson. Alfred Wise recalled, — by the Court, — I saw the prisoner write his name on the back of the cheque, I gave him the pen and ink to do ifc with. His Honor then summed up. going very carefully over the evidence, and explained the law of the case to the jury. The jury, after a short consultation, returned a verdict of guilty, generally, on both the indictments. His Honor asked the prisoner if he knew any person jvho could speak to his character. The prisoner said that Mr Spinks could, but that he was not now in Court. His Honor said that Mr Spinks was on the Grand Jury, which had been adjourned until 3 o'clock, and that he would not pass sentence until then, when an opportunity would bo given to Mr Spinks to state anything he might have to say in prisoner's favour. At a subsequent period of the day, William Spinks deposed, — I cannot say how long the prisoner House was in my service, bufc I think ifc was aboufc two years, he was my shepherd ; 1 always found him strictly honest, and a good servant, His Honor then addressed the prisoner afc considerable length, pointing out tho enormity of the offence of which he had been convicted, the punishment for which a fow years since was death, and sentenced him to 18 months imprisonment with hard labor. The Court then adjourned for three quarters of an hour. On the Court resuming. John Bryce was discharged from custody by proclamation. FELONY. Regina v John Beant. The prisoner was indicted for having on the lgth August, entered the dwelling house of one Emma Jeans, situated in the township of Mas. ter ton in the Province of Wellington, and steal ing therefrom sundry property of the value of ,£5. The prisoner pleaded not guily. Mr Brandon conducted the prosecution, the prisoner was undefended. Mr Brandon shortly stated the case to the jury, and called the following witnesses: — Emma Jeans deposed, — I live at Masterton, and am a single woman ; I keep a store there. In August last I left my store for nearly a fortnight ; I left it on the 4th August, and returned to it on the 14th; I had not been to my house in the meantime ; the store and the shop are under one roof; when I left the house on the 4th, the doors and windows were shut and bolted; the shop window) is fixed ; on my return on the 14th, I found two panes of glass in the shop door broken, and part of the frame also; the shop door is partly glazed, there being six panes of glass in it ; two of these were broken ; the top bolt could be reached thiough the broken pane, bufc not the bottom one ; the top one was shot but the bottom one was broken ; on my return, I missed several tilings, amongst othors, three Crimean shiits, one scarf, one pair stockings, a razor, one piece huoka back, oue pair checked tiowsers, two waistcoats, one blae < silk'handkerchief, with white spots and white borderland a purse. (The several articles were here produced, when the witness stated they were (part of the things she had missed; Mr Read produced a handkerchief which he had taken from the prisoner, when witness said, " It is the one I lost." Donaldson, a turnkey at the gaol, produced two handkerchiefs, taken from the prisoner, the witness said " they are mine.") I lost property to the amount of £20; the paper produced was not lying on my shop floor when I left it ; I never saw the prisoner until 1 saw him at Masterton before this robbery. Cross-examined by the prisoner, — 1 have no specific mark on the trousers, waistcoat, or drawers, : produced. I lost articles like them. I . have no | particular mark on the Crimean shirts. lam not positive whether the Crimean shirts were all of the same pattern or not. . I believe they were. The shirts lost were of the same pattern as these. I swear that the hemming of the white handker chief is my work. I identify the black handkerchief by its marks. I can swear to the scarf; I bought it from a private person, and have worn it. The huckaback produced matches with that whioh was left afc the shop. It was cut and torn. Henry Bannister, deposed, — I live afc Masterton, and know the house that Miss Jeans lives in. I noticed tho shop door on the 12 th August ; it was all right then, but when I saw it the next day, two of the windows were broken. My house is about

20 chains from Miss Jeans. I did not go into j Miss Jeans' shop, but went and told Greathead, who was a friend of hers. Richard Woodham,. deposed, — I live afc Masterton, and am a laborer. I know Miss Jeans' house. On the 13th August, about eight o'clock in the morning, I saw two panes of glass broken in the shop door. I had seen it the day before ; the shop door was then whole. William Greathead, deposed, — I live at Masterton. and am a blacksmith. I know Miss Jeans' house. I did not go to Miss Jeans' house on the 13th, I went on the I4th. Bannister gave me information on the night of the 13th. I went there at 8 o'clock the following morning. When I went there, I found two panes of glass in the door broken, and the door bolted by the top bolt. I found the place had been roughly treated,*the things being all strewn about the place. I picked up a piece of paper on the shop floor. The paper produced is the same I picked up. George Dixon, deposed,— l live at Masterton, am 14 years of age, and live with my father and mother. I know the prisoner at the bar, he was staying at my father's house in August last, from Friday up to Tuesday morning, the day before I heard of Miss Jeans' house being broken into. On Tuesday, the 12th August, between 8 and 9 o'clock in the morning, 1 took the prisonei across the river Ruamahunga. My father's house is ahout a mile and a half from Miss Jeans'. I had some conversation with the prisoner. The prisoner had been living at my father's, and in coming from his house, would have to pass Miss Jeans'-. The prisoner asked me, " What kind of a shop Miss Jeans' was?" I told him, " That she kept a general store, and that she had no one living with her." I did not see the prisoner again that day. Wiiimu Waka deposed,— (Mr Baker acting as interpreter to the Conrt)— l live afc Te Ori Ori. and know the prisoner at the bar. I saw him at Te Ori Ori on the 13th August, afc 7 o'clock in the morning. He was coming from Masterton, and going towards Gufchries; he was carrying a bundle, about two and a half feet in bulk, and had two dogs with him. He was on the side of the river fai thest from Masterton, when I saw him, aboufc three miles from Miss Jeans. James George Cox, deposed,— l am a constable, and do duty at the Wairarapa. On Friday, the 15th August, I received a warr.mt to apprehend tho prisoner. I apprehended him on the 16fch at Cripps', aboufc 24 miles from Masterton. I produce one scarf, two criraean shirts, one pair checked trousers, and one piece huckaback. I asked afc Cripps' for prisoner's bundle in his hearing ; a bundle was given to me, and in his presence I examined the things, and said " those are the things I have a warrant for. He said "he could prove where hehad got these things." The prisoner twice escaped from me ; once without, and the second time with handcuffs on. Micaiah Read, deposed,— l am warden of the Wellingtoo Gaol. On the day the prisoner was committed for trial, the constable made enquiry aboufc a handkerchief he was wearing ; when the prisoner gave it to me. The handkrehiefs are the same that I saw hina take out of the bundle. W. Donaldson,— l am turnkey afc the Gaol. The handkerchiefs produced, I got from the prisoner on the day he was committed. Emma Jeans, recalled, by a juror, — The scarf produced, I got from a private person, and I do not know of any scarf like it in the Colony. The prisoner in his defence staged, that he had purchased the goods from Mr Spinks' brother, and that the cost of them had been deducted from his wages ; but as Mr Spinks had left the Colony, it was impossible for him to prove it. His Honor then summed up : and the jury, after a short consultation, returned a verdict of | guilty. His Honor then addressed the prisoner, and sentenced him to 12 months imprisonment with hard labor. i felony. j I Regina v William Summers. I The prisoner was indicted for having on the I 20th October, inflicted a wound upon William Jones, with intent to do him some grievous bodily j harm. There were two counts to the indictment. Mr Brandon conducted the prosecution, the prisoner was undefended. Mr Brandon shortly stated the case to tho jury, and called the following witnesses. vv illiam Jones, deposed.— l live at Greytown, Wairarapa, and am a sawj'er. I know the prisoner at the bar, we were together on the 20th October. On the evening of that day, between 6 and 7 o'clock, we went together from Fuller's. When we got opposite my place, I turned off the road to go to my house. The prisoner said he would fetch John Waterson and Thomas Ingley to give me a thrashing ; I told him to go and fetch thein if he liked ; I told him to tell John Waterson " that it was Billy Jones he was talking to ;" lam known by that name ; he started up the road, and 1 went into my house to get my supper ; when he came back again, and called, me out ; I asked him what he wanted, that he was a stranger to me, and requested him togoabouthis business ; he said he had lost his hat, and he wanted me to come out and find ifc ; I came out, looked for his hat, and found it ; I picked ifc off the ground, put ifc on his head, and as my hand was leaving his head, he made a sweep with his hand ; I thought it was no harm, that the man was hu*king ; I felt my ear tingle, as if from a man's nail ; I left him, and told him to go about his business ; as I was getting through the rail. I felt something warm trickle down my face ; I called out to " my missus ;" she came towards me with the light, and I asked her to look afc my face ; I had blood on my hand ; I followed tho prisoner; it was dark, and he got away into the ditch ; I returned back to my house ; my missus said I had better go up to Captain Thomas and report ifc ; as I was going up, I saw the prisoner get up out of the ditch ; it was four or five chains from my house ; I walked up, and found he was the man that had made the blow at me, and knocked him down ; I asked him if he had a knife ; he said, no ; I told him he must have a knifo or something else, for he had cut me ; I found a clasp knife in his left hand ; I sent then for the schoolmaster, Mr. Jupp ; I gave the knife ap to Captaiu Thomas in the prisoner's presence, and shewed Captain Thomas my face ; Captain Thomas told mo to take him back to tho public-house ; Dr Spratfc has been my "medical attendant; Captain Thomas' residence is about twenty or thirty chains from where I live; I took lhe prisoner back, and as we were going, the prisonei' attempted to escape ; Dr Spratt and Samuel Jackson were riding past at the time, and helped me to take the prisoner to the public house; I gave the knite to tho magistrate just as I got it. Cross-examined by the prisoner, — We did not meet any person between Fuller's and my house. By the Court,— The prisoner and I had been having a glass of grog together ; I had had about four glasses of grog during the five hours that we were at the public house ; I had not been bragging ■ aboufc fighting ; I know a man of the name of Luke Hobman; I did not see him that night, that I am aware of; I did not bid him good evening; I did not see Luke Hobman at the time I struck the prisoner; I am not aware of having struck the prisoner repeatedly with my fists. By the prisoner. — You were not on the ground when you struck me. Samuel Jackson, deposed — Hive in Greytown; I went for L»r Spratt on the 20th Oct. ; I know Jones who has just loft the box; and first saw the prisoner that day ; when we came down to them, the prisoner was sitting on the ground, and Jones standing over him; the Dr's horse shied and mine nearly run over them ; I said, what are you doing there ; Jones said " here is a cove that has just been cutting my lug off"; Jones said.'Mwa? just the man he wanted fco assist him to take the | prisoner to the public house, as Capt. Thomas I had ordered him to do so." Cross examined by the prisoner,— l found your hat the next morning in the road, aboufc a chain from Jones' house ; the namo of Billy Jones is formidable in that quarter; they were both about three-quarters drunk ; they were drunk but not incapable. Henry Thomas Spratt. deposed — I reside in the Wairarapa ; lam a surgeon and apothebary ; I know William Jones, and attended him on the . <ioth October ; 1 was riding in company with Mr Jackson, when 1 heard Wm. Jones call out for assistance to take the man prisoner to Fuller's ' Coming down, the road, I met Jones, aiid findinghis clothes covered with blood, I asked hjtn if I" I could be of any assistance to" him;

we went back to the public house, and I dressed the wound ; the upper part of the right ear was cut througn, there was a wound on the cheek, and a third on the chin, they appeared to have been dono with one blow ; ifc was done with some sharp instrument; the instrument produced would effect the wound. By the Court,— Looking at the wound and the 1 knife, I should thing it was done at one blow : ifc waa an incised wound ; it was impossible for the man to do ifc himself ; it could not hav.' been done by falling on a sharp instrument, nor by the scratching of a nail ; Jones appeared to have beeu drinking ; but had very slight traces on him when I saw him. James George Cox, deposed, — I am a constable, I obtained the knife produced from Capt. Thomas, it has been in my possession ever since ; I shewed the prisoner the knife after I got it from Captain Thomas, and before the hearing ; he said that he had bought a new knife, and he thought it was his. Cross-examined by the Court, — Jones was a quarrelsome man when drunk ; he had the character of being a fighting man in the neighbourhood. The prisoner iu defence said he was not aware of having done it ; he wns insane with liquor at the time, and did not know what he was doing. The following witness was called for the defence :— - Luke Hobman, deposed, — I am a shoemaker, living at Wairarapa with Mr Dodds, I remember the SOth October. I was walking down Greytown road, aboufc 7 o'clock, and saw Jones and the prisoner walking together ; I said, " good evening Bill," and Jones said, " I have a b y Yankee here," Iwenthalf-a-mile down the road, and heard Jones swearing at tho other man ; on going back, when opposite Jones's place, Isaw the prisoner standing outside the fence ; I heard Jones say to prisoner, ' what do you want here, what do you want here," and struck the prisoner thro' the fence several times ; Jones said " now go and fetch Jack Waterson, you b r ; as soon as he could get away from Jones's blows, prisoner came towards me ; I saw they were both drunk, and went away. His Honor then summed up, and the jury returned a verdict of unlawfully wounding, with a recommendation *>o mercy, on the ground of the quarrelsome character of Jones. His Honor tuen addressed the prisoner, and sentenced him to three months imprisonment with hard labour. TUESDAY, DEOEMBEB 2, 186*3, His Honor took his seat upon the Bench at 10 o'clock precisely. FELONY. Regina v. Donody. ; The prisoner was indicted for haviug on the 9th November, 1862, committed an assault upon one Jane Doran, with intent to commit a rape, &c. The prisoner pleaded not guiltyMr Hart conducted the prosecution, and Mr Allen defended the prisoner. Mr Hart stated the particulars of the case to tho jury, and called the following witnesses : — ' Jane Doran, (who appeared to be much affected) deposed,~l am wife of John Doran, a private soldier in the 2nd Battalion, 14th Regt., stationed at Napier. I know the prisoner at the bar, he is a private in the same Regiment ; 1 live at Onepoto Napier; I recollect the »th November last ; on Sunday night, the 9th November, I went to my bed aboufc half-past eight o'clock ; I was awakened by the barking of a dog : the doors and window, were shut, bufc there were no latches to them ; I had three children with me; when I got up, I saw Donodv outside the window, with his arms folded ; Jand I dropt the blind ; the next thing I heard, was the backroom window open ; I looked towards it, and saw the prisoner's body half through the back window ; l tben made my escape out of the doori; 1 was in the house alone, my husband being confined to barracks for drunkenness. When I got out of the door, the prisoner came forward to me, too't me by the hair ef the head, and threw me down, I screamed aloud; I was then on the ground, and he placed his hand on my mouth to prevent me screaming ; I bit his finger, and he withdrew his hand ;he then bit my face, and placed one of his legs on the top of my stomach. (A portion of the evidence which followed is unfit for publication). I threw him from me, and ran awj\y; the first person I met was sergeant Preston; I told him I had been ill used by one of the men ; two other persons passed', but I, did not speak to them ; when I escaped,! was going down the gulley to sergeant North's, the barrack sergeant, for protection ; as I was coming up the . gully with sergeant Preston, I saw private Langan, and told him that one of the soldiers had ill-used me ; fchey. went to my house, and searched for the prisoner, and found him lying under some bushes, a few yards from my house ; it was a fine moonlight night; I knew the man by sight, but did not know his name, until he was taken into custody ; I. was iu my night clothes, when I escaped; sergeant North's is the nearest house to mine, it is distant from it rather more than half the length of this room. Cro3s*-examined by Mr Allen. — I have been in Napier since the detachment has been stationed there aboufc two years ; 1 cannot say whether the prisoner has been there the whole of that time or not ; he did not speak to me when I saw him at the window, when he saw me go out afc the door, he retreated, and came round by the house and caught me by the hair ofthe head, and threw me down, I did not scream until he laid hold of me, I struggled to escape from him ; the time occupied in the struggle was from 10 to 15 minutes : there were houses in the vicinity ; the man was rude, when I gave him a push, and made my escape ; I made towards the bottom of the gulley: I ran aboufc the distance of two houses, when I met the sergeant; I told Preston that I had been abused, that a man had attempted to break into my house ; 1 did not tell Preston that the man had used violence towards me, for I was too much excited ; I wished to use discretion before single men ; I did not tell him that the prisoner had bitten me ; if I had called his atten tion to it, the sergeant would have seen ifc ; there is a post and rail fence round the house ; there are three standard cherry trees; I returned to my house with the sergeant, and they found the prisoner concealed ; I heard no noise until I heard the dog bark ; I never had any conversation with the prisoner before ; the prisoner had a blue smock on, a forage cap, and soldier's trousers ; when I was on the ground I was in such a position as I ' could see what he was doing ; the pressure of his leg has caused me considerable pain ever since ; I am six months gone with child ; lam not in the habit of spaaking to soldiers; Tarn not aware that soldiers have been taken out of my house at three o'clock in the morning ; I know a man of the name of Thornton, he stood godfather to my child : he was not taken out of my. bed at three o'clock in the morning ; this mau Thornton was never taken out of my house ; he never slept with me. nobody but my* husband ever did tliat ; I believe there is a man named Merry, I do not know him ; he never had anything to do with me ; during the time I have been at Napier. I have occupied three houses ; 1 never entertained Merry in this house, or the two others, unless he came on my husband's business ; I know a soldier of the narne^ of Crawford, hut I never spoke to him ; from the time the prisoner knocked me down until I got away, about fifteen minutes elapsed ; during that time I was struggling with the prisoner; I was crying out at intervals. - By Mr Hart,— I had no means of knowing the time beyond my judgment; I slept at Private Langans that night ; he ifl a married man. Several other witnesses were examined, who fully corroborated the testimony of Mrs Doran although subjected to a most searching cross' examination by Mr Allen. After which, Mr. Allen made an eloquent address to the jury, when His Honor summed up, going very oarefully over the evidence, and expounding the law bear--1 ing upon the case. The juiy retired,, and, after a short absence, found a verdict of tu'lfcy. ;. His Honor then admonished the prisoner and sentenced him to twelve months, imprisonment in the gaolafc Napier with hard labor; ' "' --- This closed the crimiiial business ofthe session* His Honor intimated that as aU the* common jury cases, had :been withdrawn, the jury summoned for the Bth instant, would not be "reiiiired but that the Sheriff would give due notioeof tho same? The Court then rose.