SUPREME COURT

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 363, 13 January 1880, Page 2

SUPREME COURT

In the Supreme Court on Thursday—

John Johnston Loe, the well-known Leeston settler, was convicted of forging a promissory note for £138. The evidence was conclusive, and showed that Loe's criminal transactions previous to his attempted suicide had been very nefarious. Loe was sentenced to two years' hard lalor.

Francis Hopkins Valpy, charged with having embezzled moneys belonging to the Kailway Employees Benefit Society las their treasurer, himself a railway servant, pleaded not guilty, and was ultimately acquitted on a point of law. His Honor pointed out that the property of the society was held an a co-partnership, whereas in the indictment the Crown Prosecutor had stated it as being in the keeping of trustees. The indictment was wrong. The Crown Prosecutor's application to have the indictment amended in accordance with the judge's direction was refused, His Honor agreeing, however, to reserve the point upon conviction. The result of this case is creating some sensation, many failures of justice having lately occured.

On Friday the rioters, were put upon their trial. The indictment contained several counts, prisoners being charged with riotously and unlawfully assembling, and also with assault indi%'idually. They were further charged with having assembled armed with sticks and other weapons, and remained thus assembled for the space of thirty minutes or more, to the terror of the Queen's subjects going along the common highway.

Mr Joynt appeared for the prisoners, who pleaded " Not Guilty."

Mr Duncan, with him Mr George Harper, appeared for the prosecution.

On the jurors being called, Mr Joynt and the Crown exercised the right of challenge, as follows :—For the Crown, 5 ; for the prisoners, 22 ; total, 27.

The Registrar then reported that the panel was exhausted.

His Honor then ordered the doors of the Court to be locked, in case a tales should be prayed. The Crown Prosecutor, how ever, intimated that he did not think it would be fair to the Crown to take a jury by way of tales. After considerable discussion between His Honor and counsel on either side, the former announced that as the point involved was of great importance, he should adjourn the Court till the next day, when lie would be prepared to state the coarse he intended to adopt.

When the Court opened on Saturday, His Honor said he would inform counsel on both sides of the decision to which he had come. Mr Joynt wished to make a few remarks as to what had taken place on the previous day, but the learned judge appeared to consider them irrelevant. He concluded by saying :—But we have overlooked—or at least I had overlooked— that there is another jury summoned for Monday next, which is competent to try all these cases. The Court will therefore be adjourned till Monday morning. On that morning Mr Joynt will be asked whether he chooses to challenge jointly or separately. If he decides to challenge jointly, the case can be gone on with against the whole of the prisoners. If not, the Crown has a right to ask for the trial of each prisoner separately, the prisoners having a separate challenge. This is my decision. Adjourn the Court till Monday morning.