SUPREME COURT.

Wellington Independent, Volume XIX, Issue 2137, 6 December 1864, Page 3

SUPREME COURT.

CimiiNix Sittings

Monday, Decembkb 5, 1864

(Before His Honor Mr Justice Johnston.)

His Honor took hi* sent upon the Bench at 10 o'clock precisely, when the Court was opened with the usual formalities.

The following gentlemen were empannellert for the Grand Jury, viz : Messrs W. Beetham, Edward Battersbee, J. H. Bethune, John Bridges, James Carter, Richard Collins, George Crawford, Wm. Dorset, Thomas Kebbell, R. S. Ledger, Edward Miller, Edward Pearce, G. F. SwainsoD, J. H. Wallace, J. F. E. Wright, and Thotnns Kebbell, Esq., Forempn. W. W. Taylor, Esq. was excused in consequence of his being a member of the House of Representatives and absent at Auckland.

His Honor then charged the Grand Jury. He said that lie was glad to inform them that their labors were not very heavy on this iicfiasion. They no doubt were, aware whj the Court had been adjourned from the Ist to the sth inst. It was iv consequent; of a Circuit Couii at Nelson, which made it impossible !o bo here in time to open the sittings in Wellington. He did not consider that any serious inconvenience had resulted in consequence, and therefore did not think it necessary to apply to the Givernment to hare the d.iys for the meeting of tlie Court altered. The assizes were only held twice a year at Nelson, and the circumstances (hat had occasioned the adjournment of the Court this year might not occur again. The number of cases for trial was not veiy great, nor were they of a very aggravated character. Having so frequently performed the duties of Grand Jurymen, it was unnecessary for him ito tell them what their duties were. All they

had (o do was to see that there was sufficient \prima facie evidence to put tbe prisoners on tbeir trial.

His Honor then reviewed the several cnses that wore to be submitted for their consideration, and explained tl:o l.iw :ts applicable to eat;!) case. The gi md jury then retired, nnd during the forenoon found true bills in the following cases. Itcgina v. Kiclmid Ralph, folony. " v. Hugh Curtis, assault with intent. " v. James Ulavin, felony " v. William Power, assault with intent, " v. John Punch, felonious assault. " v. William Polfra, breach of " Arms Act, 1862." " v. James McDonald, larceny in dwelling house. " v. lioropnpora, felony. " v. Patrick McLoughlan, uttering forged cheque. " v, Hugh Price, stealing, and ignored the case Regina v WiUiara Franciß, for larceny. The Grand Jury intimated, that they had received a complaint from n witness, that he had been imprisoned for three months. His Honor said that be would investigate the merits of the case. The Grand Jury were then discharged with the thanfes of the Queen and the Colony. The Petit Juiy were then called. Two Jurymen, named Shotter and Harainil, were excused in consfquence of having bad legs. S. Crowther Wdg fineil 40< for not answering to his name. Tlie following cases were then proceeded with : —

Regina v. Jambs McDonald LaBCIi?NY IN DWELLING HOUSE.

The prisoner was indicted lor stealing from the dwelling house of F. B. Chnlmers, at Woodside, near Greytown, on the 7th October, one gold watch of tbe ralue of £5. There was a second count in the indictment, charging the prisoner with receiving the watch, knowing it to hare been stolen.

Mr Izard conducted the prosecution, the prisoner was undefended.

Mr Izard succinctly stated the case to the jury, and called the following witnesses :—

Frederick Bisimad Chalmers, deposed — I am a settler, and in October last, was living at Grey, town. On tbe 29U. Sept., 1 left home. I had a gold watch belonging to my cousin, Henvy Chalmers. I left it in my watch pocket, hanging tip in my bedroom. I left it there on the nijjhi 1 left home. My bedroom is on tbe ground floor. I left two men in the house, they were doing some fencing for me. They were to live and sleep in my house until they bad finished their work. I returned on Friday, the 7th October. Both men were there- I missed the watch within a few minutes after my return. I told the men I had lost a watch, and I gave information to the constable. The prisoner said some one had broken into tbe house whilst I had been away. I next saw the watch on the loth October. Constable Bragginv brought it to me. I consider the watch worth about £10. (Constable Broggios here produced the watch, and the witness proceeded:) The watch produced is my cousin's watch. I '.old prisoner about the watch, within half an hour of my missing it. The same day, the prisoner told me that he had received a letter from a person in the Hull, and that he would leave tbe next day. He said his partner would finish the job.

Cro.ss-uxainined by the prisoner — You said you would be back on the Monday following. You told me the housft had been broken iuiooii the Sunday before my return. You told ma that Mr Wardell bad takeo bis own watch, which was hanging up in the parlor. I did not accuse you of stealing the watch. I had ;i bay working for me ; the same day I left, 1 paid the boy off. You told me that the boy had taken away a large bundle of clothes, and thai he would not stay after I loft. I sever saw yon in my room. I did uot leare you in charge of my pl'ce.

Jeffrey Cole, deposed — I am n corporal in the 2nd Butt., 14th ftegt., stationed in Wairarapa as drill instructor. I kuo.v the prisoner at the bar, I saw the piisouer at the Tatiherinikau Hotel on the loth October. He shewed me a watch, and wanted to sell it, He offered it to me for £3 He said it svas a gold watch. [ doubted it being gold, and constable Braggius being in the bar, I look it out in presence of prisoner, and shewed the watch to Braggins. Braggins thought it was gold. Prisoner offered to sell it to me foi £3. Constable Bruggins wrote out a guarantee. When he had dene so, he took the prisoner in charge, und said the watch had beeu stolen. Braggins kept the natch.

Cross-examined by the prisoner-— You said that the watch was given to you by your mother, that it was worth £b j but being hard up, you were willing to sell it fur £3.

Thomas Braggins, deposed — I am a police constable doing duly in the Wairurapa — I saw prisoner on the l£>di October in company wit!) corporal Cole, ut the bar of the Tauherinikaii Uotel. He was endeavoring to sell the gold watch, which I now produce. I wrote a receipt lor llie prisoner, and then having a description of the watch in my possession us having onen stolen, I took him into custody. The prisoner said that he bad received the WHtch in an envelope, at the same time that he had received a letter from his mother. He was not unaie who had scot the watch and it was not in his possession half an hour before he offered it for sain. The jury returned a verdict of guilty of stealing in a dwelling house. Sentence: 12 'calendar months with bard labor Resina v. William Polfrd. "breach of asms act, 1862." William Polfrd was called ; bntjnot answering to his name, his bail was estreated. A Bench warrant was then applied for by Mr Isard, and granted by the Court. His Honor intimated, that the prisoner could now be apprehended in any portion or her Majesty's dominions ;for as it was desirable that the ends of justice should not be defeated, persons should know, ttuth ut the mere estreating of bail did not relieve prisoners from their liability to be tried for offences whenever apprehended.

Rkqina v. John Pcnch,

PKLONIUS ASSAULT.

The prisoner, a private in the 14th Regt., was charged with having stabbed one Joseph Noithover, on the 13th October, 1864, with intent in so doing to kill and murder. There was a second count charging the prisoner with maliciously stubbing, with intent to do him some grievous bodily liaim. Mr Izard conducted the prosecution, the prisoner was undefended by Counsel. Mr Izard shortly opened the case find called the following witnesses:--*

Joseph Noilhover, deposed — lain a carpenter and reside in Wangnnni. I recollect the morning of the 13ih October. I was in bed. My house is situate in Nixou-street, Wanganui. My son awoke me when he cume in, and gave me some information. I got out of bed, and went out of the backdoor. I looked about, saw no one, und returned to bed. My son called me again, he gave some more information, and I got out of bed a second time. Went to pig stye, saw no one, and returned to yard to wash my feet. I heard a voice at my neighbjr's Chainberlaiu, about \\ chains off. I waited a little. The time I was wailing, I saw a man coming from Chamber'in's house with something on his shoulder. He was coming towards lbs front of my bouse, I went to tba back

of my bouse, and placed myself at the corner to see who he was. He pushed open mVgute. He "could not see me. I said " Halloa, where are you going." He said, '• In here^ for a little." I said" " I don't think you are." With that, I put m> hand up, and pushed him outside tbe gate. * He bad a kit of potat)es, which be dropped outside my feuce. I then culle.d to my son U> go for a (lie of thfi guard. The guard bouse svas about 3 chains distance. The prisoner was dressed in military undress. He asked me to sit down. I let him sit down. • He sat down for a minute or two and got up pretending to obey a call of nature, Fie suddenly turned round and said you b b I'llcutyou throat" His right band was raised, I saw something glitter, and he made a blow at me. I caught bis right arm with my left, and his left with my right. While in this position, prisoner worked the knife so as to cut my left arm. I heard my son tell tbe guard tv run. The gu.ird came immediately. I had nothing buta cotton night shirt on at the time. Tbe guard secured him, and tookhim in charge. We did not find a knife that night. My arm was dressed by an armory sergeant of the 57th. The man appeared sober.

Cross-examined by tbe prisoner— You did not appear to be drurk at the time.

Joseph Northorer, jun., deposed — I am son of the last witness. I remember the morning of t l ie 13th October last lam an apprentice in tbe Jyanganui Chronicle printing office. I heard a noise near the pig-stye. I awakened my father. He went out. My father Bent me for the guard. On returning I heard prisoner say " I'll cut your b ■- —•- throat. I looked about for a knife, but could not find it. Next morning at daylight, I searched again and saw a knife. The blade was in tbe ground. I found it about 12 yards from where the struggle took place. The knife produced is tbe same that I found,

George Henry Gibson, deposed — I am colonial surgeon at Wangahui. I am not uttendiug on any other case. £ dressed prosecutor's wound. It was an incised and punctured wound on the forearm. It was deep, and might bare been done by a knife similar to the one produced.

This closed the case for the prosecution

His Honor summed up, and the jury after a short consultation, returned a verdict of unlawfully wounding. His Honorthen admonished the prisoner, and sentenced him to 2 years imprisonment with hard labor.

Eegina v. James Clayix,

FELONY.

The prisoner, a private in the second batt. 14th Regt, was indicted with stealing from the person with violence.

Mr Izard conducted the prosecution, and Mr Borlase defended the prisoner. Mr Izard stated tbe case to the jury,- and called the following witnesses.

William dimming, deposed, I am a bushman, living at Ohiro. I recollect the 23rd September last. I arrived in Wellington that day, and went to live with Mr Short at Ohiro. I saw the prisoner that day. In the first place I saw him coming out of the Union Bank. I asked him if the Bunk was open. He said, do, unless you have a cheque. I had got one on the Australian Bank. I went into the Bank. I drew £25 out. It was in three £5 and one £10 note. I did not see the prisoner again until night. He was in company with another soldier. We had two drinks together. I had some things at a public house. Mr Short came into the bar where prisoner was. I asked him if he would have anythink to drink. He had a glass of English ale, I had a glass of ginger beer. I had to take out the money I had drawn, in order to get the money to pay for the drink. The prisoner must have seen the money as he was standing hefoie me. Mr Short told me to gel into the dray. The prisoner commenced quarrelling. He wanted £) ofl me He had asked me for it before. 1 would not gi*e it to him. He told me I had made a h-~ •■ fool of him in a public house. I told him we were strangers, and I would not give him the money. *■ He struck at me, and tried to pull me out of the dray by ray leg. He then got hold of both of my legs, and said he would pull the b— — soul out of me. I then took out my knife and uld him he had better not come into the dray. He then took some lins out of the dray and threw them at me, and struck the horse on the head. He then went to get some stones. I got out of the cart and ran in the ti-tree to bide iintij, Mr Short passed, I fell into a creek. Piisoner jumped down on top of me. He kicked me, and said you h— — • wretch, why did you kick me in the cart. He kicked me in the ribs and shins. He pulled mv breeches down, and took out my money. I roai'd out. He took £24 and some odd silver. A person cume from a house, and the prisoner escaped amongst the ti-tree up the bank. I saw the piisoner in the guard room rither late in the evening. Prisoner is the same man.

Cross examined by Mr Borlase — Mr Short's son was with me in the morning. He came with me from Wakamarina. I was in company with a friend the same morning, we were walk, ing about the town, and had several drinks. He went to Canterbury in the steamer. It was about six o'clock iv the afternoon when the piisoner was in my company. I think the oilier soldier's name was Grainger, we had been drinking together. Ido not think I had spent more than 6s Gd that day. I had only 14s in silver in my pocket. It was about six o'clock, Mr Short came, we had a drink, and then loaded the dray. I was not drunk. Ida not think the prisoner was rightly sober, he had a glass or two. The money was taken out of my pocket, the lap of my breeches was torn down. I was iv the creek and prisoner was on top of me.

By the Court.— l am qnite certain he took the. money from my person. Job Short, deposed, — I live at Ohiro. I remember Tuesday, the 13th October. I went to Miller's public house for my son's and prosecutor's baggage. I drove to a butcher's shop. I pave the reins to Cummings. I went to the shop. I stopped 5 minutes ; when I returned I saw the prisoner quarrelling with Cummings. I said let's have no quarrelling here, and jumped up in the cart and drove on. Prisoner seized William dimming by the leg, and tried to drag him out of the cart. He took hold of both his legs and said he would pull the b-~— - y soul out of him. Prisoner threw a billy at Cummings, and it struck my horse's head. I picked it up and drove on. Cumming's ran on, and the prisoner followed him with two stones in his hand. *

By the Court, — I had one glass of ule at Miller's. Cumming's paid for it. I saw him pull out a roll of notes to get at some silver. I saw the money. By Mr Borlase, — When, he took the money out of his pocket I was standing behind him ; prisoner wus behind. The prisoner was the worse for liquor, but dimming was not. The prisoner was very violent.

John Dornn deposed, — I a.n a police constable in Wellington. 1 recollect the 23rd December last. I saw the prisoner and prosecutor in company together at Miller's public house on that duy. I s.iw ihera together up to 6 o'clock on the evening in question. Cross examined by Mr Borlase,— l know the prisoner at the bar. I know his brother. They resemble each other, lam sure that it was the prisoner that I saw iv company with the prosecutor.

Charles Millward, deposed,~-Tbe prisoner was present when the depositions produced were takes, and had an opportunity of cross-exatnin-

ing the witnesses. The Registrar then read the depositions.

This closed the ase for the prosec ution. Mr Borlase addressed the jury on behalf of the prisaner, contending that there was no evidence to prove that there was any intention on the part of the prisoner to rob the prosecutor; hut that it only tended to shew that there had been an assault

George Frederick Green, deposed— l am acting adjutant of the 2nd B.itt. 14th Regt. The prisoner's character was indifferent.

George Buck, deposed— l am a captain in the 2nd Butt. 14th Rogt. I am not aware of the prisoner's antecedents but for two years and a half I am not aware of his being guilty of any other than military offences. His Honor then summed up, going very carefully of er the evidence, and the jury after a short consultation, returned a verdict of guilty. His Honor then sentenced the prisoner to two years imprisonment with hard labor. The Court was then adjourned for half an hour.

The Court resumed its sittings at 10 minutes past 3 o'clock, when Patrick McLouglikn, Win. Power, Horopapera, Richard Ralph, Hugh Price, and Hugh Curtis were called to the bar and severally pleaded not guilty. The following cases, which we shall afterwards report in detail, were then disposed of. Reqixa r. Patrick MoLorjaHLAN. The prisoner was charged with ha ring on the 10th November forged and uttered a cheque on the Bank of Now Zealand, with intent to defraud Mr George Fi-k, of Wanginui. The jury acquitted tie prisoner. Regina v. William Power, The prisoner, a private in the 57tb Regt., was charged with having attempted to commit a rape at Wangantii on the person of Ellen Twohey, a girl of tender years. Guilty : sentenced to two years imprisonment with hard labor. Reoina y. Hugh Cubtis. The prisoner, who bad been an ordinary sea» man on board the barque Randolph, was charged with attempting to commit an unnatural offence with a boy named Forsyth, one of the apprentices in the vessel. The jury acquitted" the prisoner. The Court then adjourned till this morning at 10 o'clock, when tho remaining cases will be tried.