County Court.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 29, 22 February 1844, Page 3

County Court.

This morning, Feb. 20th, fbe Court opened for the purpose of trying 'llms. Fegan, alias " Tommy tbe Shiogler," and a Native Chiet named Temaoia, both charged with lan ■h h nor the Judge took his seat shortly after ten o'clock, when ihe names of the jurors were called over and a jury sworn. The Crown prosecutor, W. Donnelly, Esq., di» reeled Tbos, Fegan to be placed in the dock, which was done, and on t being read over the prisoner be pleaded not guilty. iied for the prosecution was a Hutchinson, who described himself as a I Epsom ; that ou ti. :. he met ih , a side of bacon on his back, which hsj wanted bin e it for ss. and on enquiring hacon he replied at Willia: I it, but as i the night and he (wi shilling. They to .he Louse of John Buchan, Cabinet-maker, where pr knocked at the door, and r j stand the bacon so that Buchan could not - on Bn nig tbe door be perceived the hacon bin would not allow the prisonei to t3ke it into his house, but Buchau told the prisoner to jilant the bacon in ihe bush until the moiuiug wheo M uld tinil an owner tor it. The pruoni r rtnm »tpatinas) H i»itpesa(Hui" ohinsoi linn the bh, | - ue time pull a bottle out of his (Hutching n - md reqoest prisoner lo dunk, which he did and took nearly three gills. Witness replied kbal be did not give prisoner ihe bacon, nor did he give him any rum that night. The prisonei then told the cart INN no use to ask the witness auy mora ts be had not *pokeu one word of truth and would swear anything. One of the jurors asked Hutcbibson whether "Tommy" was sober, but he« replied bo, Ann Buchau wa> then cdled, and on being knew the prisoner, who bad been pi ior io his being taken into custody. On the evening of the night in question the pi J and after having a sleep bi lid not return till about twelve or one o'clock, when he brought Mr. Hutchinson with him. On Ihe encd it was seen that prisoner had aside ol bacon which I : belonged lo llutclnnsou who was standing outside the door but did not speak, but her htasa band sot out of bed and would not let the bacon into Ins bouse, but wilatSM could not say ilia baenn dow produced i" court was the same as witness brought to her house, Prisonei—Did Hutchinson deny the bacon was his on that nighl? Witness—No, Hutchinson did not speak at that time at all. Both Hutchinson and prisoner then reft my house and did not return until near day» light the following morning when Hutchinson requested my husband to let him lay down lor sti hour or tw o as he had been walking about all night, my husband told Hutchinson he might lie down oo a sofa in the front room. Prisoner w is then sent by Hutchinson for some rum which they drank. Alexander Ross was called and sworn, when he stated that on the morning of the '29lh of January last, as he was going to work, he saw dogs eating something in the fern and on looking moreolosely observed they were eating a side ol bacon. Witness beat the dugs off, and look the baoon to where he was at work, when the bad part of the baoon was cut away and niter marking it gave the remainder to the chief Constable, which he believed was that now produced in Court. Mr. James Williamson was called, and onjbeing iworu said, I am a Merchant reading m Auokland,

end have h partner named Thomas Crommer ; on the morning of the *9tb of January last I foand that my store had been broken into and a flitch of bacon taken away, bat could not identify the bacon sow produced as my property although it very ranch like it. Thu cloied the case for the prosecution and Mr. Donnelly addressed the con rt and jury on the Wdence in a neat and very impartial roan* «er, which reflects great credit on him as Crown ProatcutoJ. Bia honor then addressed the j ury telling them if there wan any doubt on their minds to give the prisoner the benefit of the doubt. The jury immediately returned a va rdict of Not Guilty. TRIAL OF TEMANIA. A native chief named Temenia, was then placed In tbe dock, charged with stealing a blue cloth cap from tbe atorea of Graham and Wright, Eort•trctt. One of Mr. Clarke'* sons was sworn as interpreter on the trial, and T. H. Hartley, Esq,, Barri» ■er, appeared lor tbe prisoner, who pleadtd nut spilty. Th« Crown Prosecutor opened the cane by stating that the priioner went to tlie stores of W. S. Graham, Etq,, on the G'hof last January, and requested Id irr soinr bine cloili caps, which Mr. Grshsin directed his storekeeper In In ihepr ; «oner tee, and nft*r examining a number of the c.ips, thr pi i*miwas about to leave the store, when Mr. QraknM observed Something bulky underneath the prisoneis blsnket, and on examining h'lind a blue cloth cap , So prove the ease, continued the Crown I'iomcuuh, will call Mr. Graham, who,* on being sworn, staled, tha* "between the hours ol II) and ll o'clock M satnrday the bill of January, laii. the prisoner oarue to my •tore, and to see pome blue tin's) MM, I called the stoirkeiper mid directed him to let Ntf prisooer look si the caps. I be storekeeper then look the prisoner into a room where the caps were, "when I followed them ; after exim'ming a numbei , «f the aaps, the prisoner jostled or pushed the •torckeeper on ooe aide, so as to remove him out of bis way, and in order that he might completely (jot over the rase where the caps were in, and after taking out the most of the caps in the case, I observed the priioner manouvering about the < aps in • manner that excited my suspicion, hut I isid nothing to him at the time, hnt allowed him to make bis Way to the door of my store, when be tamed round to roe, and said, " Oh you know," which means, I believe,—th.it it all , lb* prisoner tin n want outtide of ray store on tbe steps, when I lb * lowed and seized him, at the same time I called tbe storekeeper to my assistance, and on tearctiil | the prisoner I found the b tie cloth cap now produced, concealed under bis mat. Pruoner then wanted to arrange for the payment of thr eap. but I told him that would not do, when he r>(uroed into tbe store and laid the cap down on a cask. There beiDj no Constable at hand, I directed my storekeeper to taka the prisoner to the lookup, which bs did. I secompanied them, snd seen the priioner •afsly in cnitody. Tbe csp produced is the cap I took from tbe prisoner on the 6th of January last, •od fs the joint property of Thomas Wright and myself,' I have no doubt it is onr property. The evidence of Mr. Graham, was then translated by Mr. Clarke, to tho priioner. Mr. Bsrtley cross-examined Mr. Graham at iome length, and in • very ingeneou* msnner, but witheat shaking Ins evidence in the slightest. The Crown Prosecutor, having no other witness to call, was abont to address the court and jury, wbeo Mr. Bartley rose and said as he had two witnrt« ees to call on the part of the prisoner, to give him % character, he thought thi» was the lime to put tbern into tha box, and it was true they were native witnesses, but they were men of rank, as chiefs, and at the same time British subjecti, and creditable witnesses, indeed, continued Mr. B„ tbej became responsible for the the prisoners appearance when committed at the Police Office, and ihey have delivered the prisoner up to tike his trial, and therefore I think their evidence u material ; more especially as I see on the hack of the indictment, the name of a witness, for the prosecution, which witness has not been brought forward, I cannot »ey for what reason ; he might have been brought forward I say, therefore, thai the good character in tbi* case it material. Mr. Hartley then called Kow wou, an old native cl'ief, who on being • worn, slated, that he knew the prisoner from hii thildhood'to be hones', «nd of general good eonduot < Temaaia, another chief, gave Hie prisoner a similar character. The Crown Proiecotor then addressed the jury, briefly reviewing the evidence. Mr. Bartley then rose and said, may it please the Court and gentlemen of the Jury, the present, I believe, is tbe first case where any legal gentleman baa bean employed by the Government on behalf of (he natives of thia country, except in one oase, that of Maketu, and I most admit in thn iß hard timee, thu scattering 0 f a few guineas among tha lege! profession was Dot a bad thiog, still it »at a eery philanthropic act on the part of the Gaverntnent, to secure the eetvioee of professional men on behalf of those poor people, who could not possibly be aware of our laws or customs, and as this was tbe first case in which such professional services wet aecured, ha boped that if the jury had the elightei doubt on their miuds a, to the prisoner's intention in taking 'he cap outside of Mr. Graham's •tore, that they would give the prisoner (be benefit of that doubt, and acquit him. The ooly evidence we have is that of Mr. Graham, who I am sur would not injure any nan knowingly, who laya the prisoner jostled or pnshed the man on one side so that be aright e»t over the box. You all know gentlemen, that the natives, are i Ot very oerenionious m their dealings, and from the loose manner in which ihey throw their garments around them, it might be possible tbat tha prisoner was merely taking the cap to show it to some of his friends, as fre-ns the evidenoe, the prisoner most have been eouaeious he was scan taking the cap, and could not neape, and further tha prisoner did not make the

slightest resistance, but seemed quite indignant tbat be should be charged with such a Crime, and under all tbe ciioumstances I hope, if there is a doubt on the roindof the jury they would give the prisoner tbe benefit of that doubt, by acquit ing him.

Here Mr. Clarke, senior, told the learned gentleman, Mr. Bartley, that the prisoner had wiitten a statement of the oase which he wished have read.

Mr. Bartley said in the case of a European have ing the aid of a professional nun, it would not be allowed, but lie had no doubt His Honor would give the prisoner eveiy chance, and allow it to be read. His Honor said it was not usonlto allow documents to be read under similar oircumstances, but tbe prisoner's letter might be read, but ot course ii could not be taken as evidence;

Mr. Clarke jtinr. was then requested to read the document, but not being able to do so, (as it was badly written) the letter was withdrawn.

His Honor then briefly- addresaed'the Jury, when without hesitation, they returned a verdict of Gnilty. Mr. Clarke was then directed by His Honor to repeat to the prisoner, what he was about to say, namely,—that in consequence of thr good charaoter given to the prisoner, the sentence would not be so heavy as it MUrviM would be, and tbe sentence of the court was, that the'prisoner be imprisoned tor three calender months, and kept to hard 'aSour.