SUPREME COURT, AUCKLAND. [BY TELEGRAPH.—OWN CORRESPONDENT.]

Waikato Times, Volume XX, Issue 1676, 3 April 1883, Page 2

SUPREME COURT, AUCKLAND. [BY TELEGRAPH.—OWN CORRESPONDENT.]

The Judge's Charge. ArcKLAND, Last Night. Ik delivering his chaise to the Grand Juty, his Honour said that the calendar with winch they had to deal on the present occasion was one which in seveial respects was rather peeuluu. The number of charges was exceptionally sma.ll, being only eleven, but the number of peisons was exceptionally large, viz, 51. JS T ot a single olVence upon the list had occurred within the city of Auckland, or its neighbourhood ; they all came Irom outside portions of the provincial district. There was one case of a Maori against another Maori, a case by Maoris against 19 Euiopeans, and a case by a European against 24 Maoris, the remaining six cases being by Europeans as against Europeans. His Honour then proceeded with the various cases m detail, explaining as he did so the native of larceny, pointing out clearly the difference between ordinary theft and larceny as a bailee, and adverting to the essence of the offence known as malicious injury to property. In noticing a charge of rape pro tei led against a constable by his halt-caste sen ant, his Honour said that the case luquiied caichil consideiation, as the girl admitted having previously had an illegitimate child, and that while she alleged accused twice committed the alleged offence upon her in one night, none of five children who slept in the house seemed to have been awakened. Alter referring to the case of attempted rape brought against a Maoi i man by a Maoii woman as curious, if not ludicrous, his Honour went on to refer to the Cambiidge ejectment; case, wheiein 19 Europeans were charged with forcible entry by pulling down certain fences and destroying certain whares belonging to natives, notwithstanding their resistance. He quoted the legal definitions of the offence, and then commented upon them, sayint; that what the law lequucd was that the portion ejected must be in'posession, and then if another came with force, aims, or a multitude of paople to dispossess the poison in possession, he committed' the crime of forcible entry 1 . The question of light or title to the property had nothing to do with the charge. The law discouraged the use of the stiong hand. It required the appeal to be made to it-elf. If the facts alleged were'proved, there was no doubt that the offence was that of forcible entry. The lemaining case was one in which 23 natives had been committed on a charge of assault and robbeiy with violence. Now the essence of this crime was the intent to .steal, and it would therefore have to be shown that the object of the assault was nitent to steal (section 43 of the "Larceny Act of 18G7," quoted). The other circumstances weie the accessories which made the offence still more serious. It was probable that the natives would be indicted forother offences than the charge for which they had been committed. If the latter bill were presented tv them, however, it would bo for the jury to aay whether the evidence bore out the intent atttibntcd to accused. If they had some other object than lobbeiy in view in making the assault then' they were not guilty of the offence under notice, although they might be guilty of others for which they would doubtless be indicted. His Honour concluded by remarking that while the charges were neither numerous nor of a veiy aggravated character they presented an unusual number of nice points for the jury's consideration. Charles Wether, charged with stealing a saddle and bridle from Charles Jennings at Te Aroha, ,and also stealing a horse, was acqititted and discharged. ' No bills were found against Nicholas Marsh, rape at Maketu, and Hu, rape at Maketu, and they were disohargeel from custody. True bills were found by the Grand Jury in the following cases : — Henry Whittaker Duval, larceny as a bailee ; Thomas Gatbercole, cattle-stealing ; Charles Warner, horse-stealing and larceny ; Alexander, Campbell, malicious injury to property at Ohincmutu.

The special order constituting Tatnaherc a riding 1 '(Waikafo Courty) is published. attention is directed to the advertisement of Daley and Co., Hamilton. Tenders are invited by the Kirikiriroa Road Board for largo road works ly ;Thd j Cambridge Road ( Board* ,inyite tenders for road wprks. , ' „ < { } The lagoon bridge Hukanui-Taupiri road will be closed between the Oth and 19th inst. for building a. new structure. Mr H. E. Cotton will acll by auction. on the premises, l)uko. street, Canibridge 1^ on Thuisctay, t\c\t, the Bankrupt stack of T. L. Cos, bootmaker, house, &c. The ?iako, County Council notify their ' intention 'io 'make special rates tonde'r "'Roads Construction Act," also special order delegating certain powers to the T-iotaoroa. and Waitoa road boards: ' ' '' ' Mr J. S. Bu ok land has received instructions from Mr R. Fergusson to sell at Gorton on Wednesdaj, the 18th April, the whole of hi? valuable household furniture, implements, horses, 'etc. '"A complete catalogue is 'published in anqther column. Mr T. Tr^heelli^r nfjtifieg th^t ljehas '•sold his' grocery business, stock and ' book debts, etc., ti tp MftJ, T. Homo, and solicits for his successor a 'continuance of the favours accorded to him. In connection with this, Mr ,J3orne -makes.- a> business announcement, ,to .v^hich ♦atfdntidiiiHs'directedJ'as also to'^lr'Trewheellar'fs^ notice concerning hts'.bread and biscuit business, ' Tivhjch, hQ will cai-rv on , »« heretofore, < '