RETURN OF ALL SENTENCES REMITTED BY HIS EXCELLENCY THE GOVERNOR, FROM 1ST JANUARY, 1860, TO 14TH AUGUST, 1862.

Appendix to the Journals of the House of Representatives, 1862 Session I, D-20

D—No, 20

RETURN OF ALL SENTENCES REMITTED BY HIS EXCELLENCY THE GOVERNOR, FROM 1ST JANUARY, 1860, TO 14TH AUGUST, 1862.

RETURN TO AN ORDER OF THE HOUSE OF REPRESENTATIVES OF 14th AUGUST, 1862.

(Mr. FitzGerald.)

Return not made until after the close of the Session.]

D—No. 20

MEMORANDUM. The following Returns of Prisoners Pardoned, have been compiled chiefly from information furnished by the Gaolers. In regard to the correspondence required by the House of Representatives, it appears that when the Government Records were sent to Wellington from Auckland, on 28th June, 1862, most of the Papers on the Subject of Pardons for a considerable time previous to that date were transmitted (in the Steamer " White Swan") and were lost. No part of the remaining correspondence has been appended to this Return as it appears to be of a formal nature. No pardons appear to have been granted to prisoner! confined in the Gaols at Taranaki, Hawkes Bay, Marlborough or Southland. Jas. H. Crawford, For the Assistant Law Officer. Colonial Secretary's Office, Auckland, 23rd December, 186?

D—No. 20

PROVINCE OF AUCKLAND. Return of Prisoners whose Sentences have been commuted, in whole or in part, by His Excellency the Governor, since January 1st, 1860.

3

PRISO.NERS PARDONED.

Name. Date when Sentence would expire. Gate when Pardon took effect. By what Court sentenced. Term of Sentence. Bv whom recommended for 1'ardon. General Remarks. — 1. Elizabeth Finlay 2. Thomas Odium 3. Owen McCabe 4. Hugh McCrum 5. Michael Lydon 6. James Madden 7. Jeremiah Cooper 8. Charlotte Winden 9. Henry Blackman 10. Thomas Hill 11. Stephen Pell 12. Abel Codd 13. Daniel Vestie 14. Mary Fleming 15. George McKinlay 16. Mary Pollock 17. Ann Nicholson 18. Francis Rowett 19. Buckingham Jas. Casher 20. Taeria (aboriginal native) 21. Tamati ditto 22. Paora ditto 23. Alfred Bowers 24. John Crogan 25. Wai Whatu (native) ... 26. Joseph Staniland 27. Charles Monkton 28. John Shea June 1, 1860 June 1, 1860 March 1, 1862 ... June 14th 1860 .. July 14th, 1860 ... September 2, 1860 When Dead February 13, 1861 April 16, 1861 ... June 3, 1863 September 25, 1861 September 25, 1861 September 25, 1861 March 3, 1862 ... September 25, 1861 February 4, 1862... January 8, 1862 ... June 1, 1863 January 13, 1853... June 2, 1862 June 2, 1862 March 24, 1862 ... September 1, 1863 January 14, 1867... June 3, 1864 July 4, 1862 August 27, 1862 ... June 5, 1863 February 1, 1860... April 10, 1860 ... May 5, 1860 May 31, 1860 June 4, 1860 July 16, 1860 November 24, 1860 December 14, 1860 March 4, 1861 June 4, 1861 June 15, 1861 June 25, 1861 June 25, 1861 July 13, 1861 September 4, 1861 October 10, 1861... December 21, 1861 July 26, 1862 ... January 16, 1862... January 16, 1862... January 16, 1862... January 16, 1862... February 17, 1862 May 16, 1862 June 10, 1862 ... June 28, 1862 July 11, 1862 July 25, 1862 Supreme Court, Auckland Ditto ditto Ditto ditto Resident Magistrate's Court, Auckland... Ditto ditto ditto ... Supreme Court, Auckland Ditto ditto Resident Magistrate's Court, Auckland... Ditto ditto ditto ... Supreme Court, Auckland ••• Resident Magistrate's Court, Auckland... Ditto ditto ditto ... Ditto ditto ditto ... Supreme Court, Auckland Resident Magistrate's Court, Auckland... Supreme Court, Auckland Ditto ditto Ditto ditto Ditto ditto Ditto ditto Ditto ditto Resident Magistrate's Court, Auckland... Supreme Court, Auckland Ditto ditto Ditto ditto Resident Magistrate's Court, Auckland... Ditto ditto ditto ... Supreme Court, Auckland 1 year 1 year 6 years 2 months ... 1 year 6 months ... Natural life 6 months ... 3 months ... 6 years 4 months ... 4 months ... 4 months ... 2 years 4 months ... 4 months ... 6 months ... 4 years 4 years 2 years 2 years 3 months ... 4 years 8 years 2 years 1 month ... 3 months ... 2 years I forward with the prisoner's Petition a statement of his conduct, during the period he is under my charge, tc his Excellency the Governor, but having no opportunity of knowing on whai recommendation the pardon is granted I only receive it to act on it. Geo. Mc.Ei.wain,

D—No. 20

PROVINCE OF WELLINGTON. Return of Prisoners whose Sentences have been remitted, in whole or in part, by His Excellency the Governor since 1st January, 1860.

4

PRISONERS PARDONED.

Name of Prisoner. Date when Sentence would expire. Date when Pardon took effect. By what Court sentenced. Term of Sentence. By whom recommended for Pardon. General Remarks. 1 Puku Tanira June 4, 1862 January 30, 1860... Court of Session, Ahuriri ... 6 years ?his prisoner was pardoned in consequence of having assisted the officers of the Gaol, at the time of the outbreak, April 4, 1859. L Petition, numerously signed by the inhabitants of Wellington, was forto His Excellency. A Petition was forwarded I by the prisoners to the Warden of the Gaol, their conduct reported upon by him as good ; also reported | upon by the Judge of Supreme Court. 2 Charles Straker .. Death January 30, 1860... Supremo Court Death Commuted to penal servitude for life. (See No. 14.) 3 Thomas Gorman ... 4 William Madden ... 5 Eobert Kidd 6 John Hughes 7 David Marshall ... April 12, 1861 April 7, 1862 May 30, 1861 June 1, 1862 with his death November 9, 1860 August 30, 1860... April 13, 1861 ... April 15, 1862 ... May 13, 1862 Supreme Court Military Court Martial Supreme Court Supreme Court Supreme Court 4 years 4 years 1J year ... 6 months ... Life Sentenced to 10 years' penal servitude Sept. 1, 1856: also sentenced to 12 calendar months, from the expiration of previous sentence June 7, 1858: and sentenced to penal servitude for life on June 14, 1859. Both these prisoners were sentenced to 2 years' imprisonment Jau. 25, 1858 : again sentenced to 12 months' imprisonment June 7, 1858 : and again sentenced to 6 months' imprisonment March 1, 1859: and again sentenced to 6 years' penal servitude June 14, 1859. 8 Patrick Cullen ... with his death May 13, 1862 Supreme Court Life These prisoners were recommended for pardon by W. W. Taylor, and W. Lyon, Esqrs., Visiting Justices of the Wellington Gaol. 9 William Darley ... 10 Benjamin Stringer July 24, 1867 July 24, 1867 May 13, 1862 ... May 13, 1862 ... Supreme Court 9J years ... 9J years ... The whole of these pri-

D—No. 20

5

PRISONERS PARDONED

'VI 'continued. Name of Prisoner. Date when Sentence would expire. Date when Pardon took effect. By what Court >entenced. Term of Sentence. By whom recommended for Pardon. General Remarks. 11 James Kelly 12 John D'Arcy June 21, 1867 ... February 7, 1865 ... May 13, 1862 May 13, 1862 Supreme Court Military Court Martial Supreme Court , •• 9| years Life 1 year • •• soners were recommended for pardon by W. Waring Taylor, and W. Lyon, Esqrs., Visiting Justices First sentenced to 15 months' imprisonment, with hard labour, from March 22, 1858: again sentenced Sept. 2, 1858, to 2 years' imprisonment, with hard labour : and again sentenced June 14, 1859, to 6 years' penal servitude. Sentence of Military Court Martial commuted to 10 years' penal servitude, Sept. 4, 1857 : and on June 7, 1858, the prisoner was sentenced by Supreme Court to 1 year's imprisonment, with hard labour, from expiration of existing sentence. of the Wellington Gaol. 13 John Straker 14 Charles Straker ... Nov. 30, 1865 ... with his death May 13, 1862 May 8, 1862 Supreme Court Supreme Court 6 years Death 15 James^Gaffney ... with his death May 8, 1862 Supreme Court Life Commuted to penal servitude for life, Jan. 24, 1860: and again commuted to 7 years' penal servitude, on and from May 8, 1862. Sentence of death was recorded against this prisoner Jan. 25, 1858 : commuted to 4 years' imprisonment, with hard labour, Feb. 17, 1858 : prisoner was again sentenced to penal servitude for life June 14, 1859 —this sentence was commuted to 7 years' penal servitude on and from May 8, 1862. 0 16 Kichard Gale Feb. 28, 1863 July 21, 1862 Supreme Court i • • 'etition forwarded through Warden of Gaol to the Judge of the Supreme Court. 2 years i Micaiah Reed,

D—No. 20

PROVINCE OF NELSON. Return of Prisoners whose Sentences have been remitted, in whole or in part by His Excellency the Governor since 1st January, 1 860.

6

PRISONERS PARDONED.

Names. By what Court sentenced. Terra of sentence. Date when Sentence would expire. Date when Pardon took effect. By whom recommended for Pardon. General Remarks. 1 Alfred Saunders By the Supreme Court 6 months July 25, 1860 ... April 22,1860 ... A Petition was sent to the Governor by the inhabitants of the Province with one thousand and seventy-seven signatures attached praying for remission of the sentence of imprisonment. The Prisoner was convicted for a Libel upon the Judge of the District Court and was sentenced to 6 months imprisonment and to pay a flue of £150. A pardon was granted him on condition that he paid the fine, which was immediately paid. On His Excellency's arrival again at Auckland, the prisoner received a letter to say that if his conduct could be recommended at the close of that year, a memorial would then be favourably received ; his conduct had been uniformly good all the time and on a memorial being forwarded at the close of the year he received a pardon. The prisoner was convicted of highway robbery and violence through the evidence of Wm. Harper, the constable who swore that he took a certain knife from the prisoners pocket claimed by the proscutor at his trial. The constable was afterwards indicted for Perjury, tried and convicted on the oaths of five witnesses who said the same knife was picked up by a boy the day after the robbery was committed. 2 Charles Eudman By the Supreme Court 6 years ... Feb. 11, 1864 ... Dec. 7, 18G0 ... A Petition was presented by the prisoner through the Gaoler to His Excellency the Governor on his visiting Nelson with a character for good conduct. His Excellency said that he should lay it before Mr. Justice Gresson who tried the case and the memorial should be considered. The Prisoner was convicted on a charge of Bestiality. A Memorial was sent by the Prisoner through the Gaoler to His Excellency through the hands of Mr. Justice Johnston with a character for good behaviour in the Gaol, praying for a remission of his sentence on account of the conviction of Wm. Harper the constable the principal witness against him lor Perjury. .2 Henry Dillon By the Supreme Court 2 years ... July 15, 1862 ... August 12, 1861 ■

D—No. 20

7

PRISONERS PARDONED.

con. ■inuei Names. By what Court sentenced. Term of Sentence. Date when Sentence would expire. Date when Pardon took effect. By whom recommended for Pardon. General Remarks. William Harper By the Supreme Court 2 years ... July 14, 1863 ... March 12, 1862 A Petition was sent to His Excellency through the hands of Mr. Justice Johnston signed by some inhabitants of Nelson praying for remission of his sentence on a declaration of his innocence of the charge, accompanied by the affirmation of another constable now in Sydney who was present when Harper searched Dillons pockets and took the knife from them at the Lock-up on the night of the Robbery. The Jury in finding a verdict of guilty against the prisoner recommended him to mercy on account of his being provoked through jealousy, convicted for Murder. The prisoner was tried and convicted on the oaths" of five witnesses who said the knife was picked up by a boy (one of the witnesses) on the road where the robbery took place on the morning after the robbery and was sent down to the Police Office the following day. They all identified the knife as being the same and through their evidence he was convicted of Perjury against Dillon. t ' 5 Pepene, (native) By the Supreme Court His Honor Mr. Justice Johnston forwarded the verdict to His Excellency who granted him a pardon, on condition that he should be kept in penal servitude for three years from the day of his trial January 18th, 1862. Death by hanging Conditional pardon 3 years, Penal servitude will expire Jan. 17, 1865 Wm. Rodgerson, Gaoler.

D—No. 20

PROVINCE OF CANTERBURY. Return of Prisoners whose Sentences have been remitted, in whole or in part, by His Excellency the Governor, since 1st January, 1860.

8

PRISONERS PARDONED

Name of Pri&oner. Date when Sentence would expire. Date when Pardon took effect. By what Court Sentenced. Term of Sentence. By whom Recommended for Pardon. General Remarks. 1 William Butcher... 2 Adolphus James Andrews 3 Alfred Ronnage ... 4 Thomas Metcalf ... 5 John McLaughlin 6 Thomas Codling ... 7 John Williams ... 8 George Ash ton ... 9 Benjamin Milner... 10 Alexander Scott ... 11 Alfred John Davies 12 William Wynne Goodrich 13 Robert Hoseason... 14 Hannah Bone 15 James Johnson ... 16 John Parsons 17 William Spong ... 18 CharlesBerjcwFooks 19 Westby Hawkshaw Percival 20 Michael Doody ... 21 BartholomewHayden 22 James Smith, alias John Ashworth ... 23 W. H. Johnstone... May 8, 1860 ... May 8, 1860 ... April 15, 1860... March 1, 1861... Dec. 1, 1860 ... Feb. 2, 1862 ... Aug. 31, 1861 ... May Dec. 4, 1861 ... Nov. 1, 1861 ... Feb. 28, 1862 ... Feb. 28, 1862 ... Aug. 21, 1862 ... Feb. 28, 1862 ... June 14, 1862 ... June 20, 1862 ... Dec. 4, 1864 ... Jan. 6, 1860 ... Jan. 5, 1860 ... Sept. 14, 1860... Jan. 6, 1860 ... Oct. 19, 1860 ... Oct. 19, 1860 ... July 23, 1861 ... June 6, 1861 ... Aug. 5, 1861 ... Sept. 2, 1861 ... Sept. 2, 1861 ... Sept. 2, 1861 ... Sept. 2, 1861 ... Nov. 6, 1861 ... Dec. 3, 1851 ... Dec. 3, 1861 ... Jan. 8, 1861 ... Feb. 6, 1862 ... Supreme Court ... Supreme Court Supreme Court, Lyttleton SupremeCourt,Christchurch Supreme Court, Lyttleton SupremeCourt,Christchurch SupremeCourt.Christchurch SupremeCourt, Christchuich Su premeCourt, Christch urch SupremeCourt,Christchurch SuprcmeCourt,Christchurch SupremeCourt, Christchurch SupremeCourt,Christchurch SupremeCourt,Christchurch SupremeCourt,Christchurch Supreme Court, Lyttleton SupremeCourt.Christchurch SupremeCourt,Christchurch 12 months 12 months 12 months 2 years ... 12 months 2 years ... 12 months 12 months 12 months 8 months 12 months 12 months 2 years ... 2 years ... 3 years ... 12 months 4 years ... By Ministers, on report of His Honor Mr. Justice Gresson. M jj )) )> )> Note. —The records of the Attorney-General's Office, from 1st January to 28th June, 1862, were lost in the "White Swan." The petition endorsed by predecessor, Mr. Reston. Petition endorsed by predecessor, Mr. Reston. Petition endorsed by predecessor, Mr. Reston. June 20, 1862 ... Sept. 28, 1862 ... June 20, 1862 ... March 6, 1862... March 6, 1862 ... March 6, 1862 ... SupremeCourt, Christchurch SupremeCourt, Christchurch SupremeCourtjChristchurch 12 months 18 months 12 months May 27, 1862 ... Dec. 26, 1862 ... March 7, 1862 ... May 16, 1862 ... SupremeCourt, Christchurch SupremeCourt,Christchurch 12 months 2 years ... Petition endorsed by predecessor, Mr. Reston, Recommended to His Honour the Judge by me for remission. Class 1. Exemplary.

D—No 20

9

PRISONERS PARDONED.

TE BURY (continued). Name of Prisoner. Date when Sentence will expire. Date when pardon took effect. By what Court Sentenced. Term of Sntence. By whom Recommended for Pardon. General Remarks. 24 James Evans Feb. 28, 1864 ... May 29, 1862 ... SupremeCourt, Christchurch 3 years ... This petition endorsed by me, notifying continuance of bad habits, dating each breach of discipline and sentence of solitary confinement, by my predecessor and self. This man specially was recommended by gaoler as not worthy of His Excellency's clemency. He was classed 4. Bad. This man, before and after his conviction, had periodical fits. Recommended to His Honor the Judge by gaoler. Class 1.—Recommended by gaoler to His Honor the Judge. Class 1.—Recommended by gaoler to His Honor the Judge. Class 1.—Recommended by gaoler to His Honor the Judge. 25 Thomas Evenden... August 31, 1862 SupremeCourt,Christchurch May 29, 1862 ... 6 months 26 JamesHenryPelham Feb. 16, 1863 ... Aug. 19, 1862 ... SupremeCourt, Christchurch 2 years ... 27 Thomas Strander... Feb. 16, 1863 ... Aug. 19, 1862 ... SupremeCourt, Christchurch 2 years ... 28 Thomas King Oct. 7, 1862 ... Aug. 19, 1862 ... SupremeCourt, Christchurch 1 year ... E W. Seagek,

D—No. 20

PROVINCE OF OTAGO. Return of Prisoners whose Sentences have been remitted, in whole or in part, by His Excellency the Governor since 1st January, 1860.

10

PRISONERS PARDONED.

Name of Prisoner. Offence. Date when Sentence would expire. Date when Pardon took effect. By what Court sentenced. Term of Sentence. By whom recommended for Pardon. Kemarks. 1 Michael McGlone 2 Charles Garthorne 3 John Hunter 4 John Bannon 5 James McGovern 6 John Campbell ... 7 Thomas S. Souther 8 Daniel Daw Desertion and escaping from Gaol Ditto Ditto Larceny and attempt to break out of Gaol Larceny Assault Larceny Assault July 4, 1860 ... Ditto Ditto April 28, 1862... June 13 June 16 June 20 July 6 May 17th, 1860 Ditto Ditto April 19, 1862... June 4 Ditto Ditto Ditto Supreme Court... Ditto Ditto Ditto Ditto Ditto Ditto Ditto 9 months ... Ditto Ditto 6 months and 1 week ... 6 months ... Ditto Ditto Ditto o Si e 3 * is o - s ® 2 £ 9 George Smith Larceny and attempt to break out of Gaol July 28 Ditto Ditto 9 months and 1 week ... 6 months ... 9 months ... 12 months... Ditto □ o 10 Emily Ruffles 11 John Wilson 12 Henry Jones 13 James Kenny Larceny Ditto Burglary ... Assault and Robbery September 15 ... October 6 October 26 November 12 ... August 11 Ditto Ditto Ditto Ditto Ditto Ditto Ditto ■j John Stoddart, H. M. Gaol, Dunedin. 20th August, 1862.

D—No. 20

DISTRICT OF WANGANUI. Return of Prisoners whose Sentences have been commuted, in whole or in part, by His Excellency the Governor, since January 1, 1860.

11

PRISONERS PARDONED.

Name of Prisoners. Date when Sentence would expire. Date when Pardon took effect. By what Court sentenced. Term of Sentence. By whom recommended for Pardon. Remarks. 1 Rapira (aboriginal native) April 17, 1863 August 2, 1862 Resident Magistrates' Court 2 years • • • W. Wyburn, the prosecutor, H. B. Roberts, and D. S. Durie, Resident Magistrate. David Atkinson, Acting Gaoler, at Wanganui.