Law Intelligence.

Akaroa Mail and Banks Peninsula Advertiser, Volume V, Issue 465, 7 January 1881, Page 2

Law Intelligence.

SUPUKME OOUiiT,. CIIRISTCHURCII

Before His Honor Mr Justice Johnston.

On Monday, after the cases of Mrs and Mrs Wright had been disposed of,

William Smith pleaded guilty to a charge of larceny, and was sentenced to eighteen months' imprisonment. James Robinson, who pleaded guilty to a charge of burglary, was sentenced to throe years' penal servitude.

J. C. Nelligan pleaded guilty to a charge of making a false declaration to a Justice of the Peace for the purpose of obtaining a Savings Bank deposit book.

His Honor asked Mr Duncan what made the declaration in this instance a punishable offence. He could not find it in the Savings Bank Act.

Mr Duncan quoted several clauses in (lie Act, but His Honor did not think them applicable.

The prisoner was ordered to stand down. ° ; "

W. H. Hewison was sent to gaol for eighteen months, with hard labor, for forgery and uttering.

j.tobort Grant, who pleaded guilty to a charge of larceny, was sentenced to twelve mouths' imprisonment with hard labor. Matthew McCallnm pleaded not guilty to a charge o f burglary, and the prosecution brought no evidence against him. His Honor directed the jnrv to find the prisoner not guilty, and discharged him with o, caution. Hermann Coop-r pleaded not guilty to a charge of forging and uttering , a cheque on the Bank of New Zealand at Rakaia for £.13 4s. Evidence having been led for the prosecution, His Honor summed up, and the jury found him guilty. Superintendent Broham said prisoner was unknown to the police. His Honor sentenced him to eighteen months' imprisonment with hard labor. In the case of Alf. Forest for burglary, the jury returned a verdict of not gvilty. Charles Johnston pleaded not guilty to a charge of unlawfully wounding, on Oct 11, M. C. bheppard, at the White Hart Hotel. Mr Joyce appeared for the defence. Prisoner was found guilty, the jury expressing an opinion tlmt the accused had received great provocation. Sentence deferred. The Grand Jury returned no true bill in the case of Henry Davenport, accused of unlawfully Mounding, and the prisoner was discharged. On Tuesday, Johnston,who was found guilty the previous day of unlawfully wounding, was brought up for sentence. Constable Brooke was called as to character, and stated tlint prisoner was a ban 1 - voiking slcady num. His Honor .sai-l lie did not agree with the recommendation of"the jury that the pri>oncr received great provocation, although ho would endeavour lo pay attention to it, and also to t!n> good character given him. ' His Holier then, sentenced the prisoner to six months' imprisonment with hard labor.

(Samuel Mayfivld was tlicn charged witli forgering and uttering. There were two charges against the prisoner, lie pleaded guilty. The accused, who is quite a young man, arrived in the Colony about twelve months ago, and is a jeweller by trade, . lie was sentenced to two years' imprisonment with hard labor. ,-. ; , i ; < ; Sarah Brimmicombe pleaded guilty to tlie charge of concealment of birth. The prisoner who is about 21 years of age, was sentenced to six months' imprisonment. In the case of William, Flnfey, committed from Aknroa for iorgery and uttering, the Grand Jury returned no true bill, and the prisoner was discharged. : ' ,; ' ' A middle-aged man nnmed George Norrie was charged with assaulting a little girl named Ada Wilson at Asllburton. The [α-isonei'was defended by Mr Stringer. . ; ' The jury returned a verdict of not guilty, and prisoner was discharged. Peter Hagland was found guilty on the charge of horse stealing and was sentenced to two years' imprisonment witli hard labor. The prisoner, who pleaded guilty of breaking out of the lock-up at Akaroa, received an additional sentence of six months. H. F. Evans was charged with indecent assault. The prisoner was defended by Mr Joyce. The jury returned a verdict of guilty. Prisoner pleaded guilty to a charge of a similar nature. Detective stated that ho, had made enquiries regarding the prisoner He had been a member of the Young Men's Christian Association, but had been expelled on account of crimes of a like kind. ' His Honor expressed regret that he could not order pvisoner a, whipping. He would sentence him to four years' penal servitude. J. C. Nelligan, for making a false declaration was sentenced to six months' imprisonment without hard labor. Fauhipi Waikena was charged with horse stealing. After, hearing the evidence, His Honor thought that there was sufficient evidence to direct the jury to find the prisoner not guilty on the ground of insanity. i The jury found a verdict of not guilty, and the prisoner va* ordered by His ' ;

Tlcnor to be kept in custody at Adding<on until the Colonial Secretary's pleasure should be known. On Wednesday, Wiremn Wharepa, charged with the murder of his wife, a white woman, at the Chatham Islands, was placed at the bar and pleaded not guilty. Mr Gibbon Carow Fitzgibbon was i sworn as interpreter. The Rev. Mr Stack acted as interpreter on behalf on the prisoner. Prisoner wished to make a statement, but as lie has pleaded not guilty, His Honor intimated that that was not the time to make the stntement. The prisoner toald do so further on. The prisoner was informed of his right to challenge any of the persons who might be called to act on the jury. The prisoner did hot exercise his right. M He simply remarked in Maori as each juryman entered the box, " I do not know you." He agained refused assist- . ance of counsel, stating, as he had no experience of lawyers, lie did not know what use they could be to him. His Honor expressed some.jdpubt as to the admissibility of a statement made by prisoner to Mr Shand, one of the coroner's jury. T Eventually he decided to admit it. At the close of the case, prisoner, who had no witness to call, declined to make any statement. His Honor having briefly.summed up, the jury retired to consider their verdict. After the lapse of an hour they returned into Court, and the Foreman informed his Honor that they were unanimous with regard to the verdict, but not as to a recommendation to mercy. His Honor asked on what grounds. The Foreman said on the grounds of the deceased's adultery. His Honor :'You are sworn to give your verdict according to the evidence, what evidence is there about the wife's adultery? The jury retired lor ft minute, and returned with a verdict of Guilty, On the usual question being put to him as to what he had to say why sentence of death should not be passed upon him, prisoner made a long rambling statement, urging that no one had seen him kill the woman, and further complaining of the treatment he had received in the lock-up at the Chathams. His Honor then assumed the black cap and passed sentence of death in the usual form. The Court then adjourned till the following morning.