SUPREME COURT—Criminal Sittings.

Auckland Star, Volume I, Issue 129, 8 June 1870, Page 2

SUPREME COURT—Criminal Sittings.

(Before His Honor Sir G. A Arney, Chief

Justice.) His Honob opened the quarterly sitting of the Circuit Court this morning. The following gentlemen were sworn1 of the grand jury :—Albyn, Martin (foreman), A. Bee-ham, W.' T. Buckland, -Trias. Davis, John Peter De MouliivHenry Gilfillau, I. Ri Harrison, Henry Isaacs, Robert Scott Mitchell, H. Morrow, G. B. Owen, T. Peyton, Richard F. Porter, W. J. Taylor: James Walmesley, Andrew Wardrup, R. G. Wood. ■■■'■ His Honor, in his address to the grand jury, enforced the neaessity there was for a full attendance of grand jurors.' There were.-only seventeen in attendance : there should be at least twenty-three, in order that there should be a majority of sit least twelve to consider the' charges made against the several prisoner.. The attendance of grand jurors had generally been so full that son.., special circumstance must b« considered to 'have caused the present small attendance, .Many gentlemen were members of the General Assembly, and that circumstance must also have had s/>me influence. ~ He mentioned the subject to enable the grand jurors to estimate the necessity that existed for the largest possible attendance. His Honor proceeded to recapitulate the evidence in several of the cases on the calendar, commencing with the tobacco stealing oase from the store of Oruickshank and Smart, on the sth Febru.ry last. There was one case of manslaughter on the calendar. Why it was .ent before the Court as one of manslaughter he could not judge, except from the circumstance that the accused immediately after shooting the man, jumped into the water, and did his best to rescue him. That circumstance was relied on to show that'the^e was no malice aforethought, which would make the offence one of murder. There was no less than five cases of breaches of the Arms Act. He considered that the discovery of offences, of . this,, kind was due to the. vigilance of -tthe pol|ceS lf.iey all know with what vigilance,'* industry,' and unusual courage the police had performed their duties. These high qualities of industry, pertinacity, and skill, were mainly due to ti_© admirable way in which they were managed by the. Tiate Commissioner Naughton. They would all, no doubt, remember him in the efficiency which the force had attained, and in the experience and assistance he gave, to the administration of justice iii the province. His Honor did not consider there were any other cases ■ which would be necessary to remark upon. The case of shooting to which he had referred was an instance of the reckless use of fire-arms.. He was glad to sco there was only one case of forgery in the calendar. There was a case which Would employ the attention of the Court for the first time, namely —a charge of libel against a gentleman connected with one of the newspapers. It is to be regretted that some means had not been found whereby the d'sclaimer that seems to have been made in respect of the intention not to libel the individual who complains, had not been so mado, as to prevent any inquiry before a court of j justise ; but we cau only deal with the case as we find it. The grand jury would retire to their chamber, and give their attention to the public business which would be placed before them. j A SAD CASE. William Lyne Gerrans was charged upon j four different indictments : (1) with arson, iv setting on fire the house of. W- L".yMa,rfyn ; (2) witb stealing a mare „ief property 'of"; William Partridge ; (3) with stealing a watch, value £13, the property of John Martyn ; (4) witli stealing a saddle an! bridle, tho property of William Partridge. i| The prisoner, who is only sixteen years of age, pleaded guilty to each, of the indict-. ments. i Mr.",Bropl.field sajd A\<\ wii' Instructed [to ' reco'mtfiend'i the -youth to- 1 thi ihereiful .oh- I sideration of the Court, as there was reason to believe the lad was subject sometimes to aberration of intellect. His Honor said it would be necessary to have sworn testimony to that fact. Mr. John Martyn (Cambridge) said he had known the: youth' from hjs childhood. He.! sometimes did unaccountable things. His mother was known to him. The lad was employed by his father, more to get a knowledge of farming than anything else. His Honor said hie would look over the depositions, and see what was to be done in the case. _ _ , ■ «) >,f \$ \

, ANOTHER SAD CASE. ~t. Frederick Cox was also arraigned upon an indictment charging him with stealing, in a dwelling house, £18. This prisoner was also a mere youth. His Honor said the Court would deal mercifully with the prisoner, for the offence was not one that the legislature:'contemplated as " stealing from a dwelling." The prisoner was in the dwelling. Sentenced to six months' imprisonment. EMBEZZLEMENT.

John W. Shepherdson was arraigned upon an indictment charging him with <mibezzleii.g<£_ Is. 3d,, the ,moneys of, Archibald Walfts../_.. _J. ;..! i;f /, \j ;,• y The prosecutor resides at Otara, and deposed he sent the prisoner, who was his farm servant, with a load of hay to be sold at Buckland's. The prisoner sold it to Mr. i'arnes, at Cabbage Tree Swamp. The prisoner returned, and said he had not got the money; that it would be sent after ;'tho .'next, load was sent. Prisoner wanted to go home, and asked for money that morning. He said he was going from home, and would

be back by the time the/cows woiilSfbe--brought hone on Sunday. He , did not Tejtiurn on i§u-d.a#.;qr,Monday, jß_d, .being su3gj|ciouß,l 'tvci-fto^r. B^cs.;^-Fi'oiri w .-what he'-i-old^me, E hid ai^irifor^atidpT-gainst''tlie prisbnerf-Sl liave nosf eceiy#d tpat money either, from the L .ri*.onej;Or any othjs* person. 7,# 0? . To'prisoner':•. $p_ad instructed"yo^1 when roil first took Say into Auckland,. >tb.'take t to) Mb. Buckland's. You sold^^pivately. '. re.eljed ...that monipy from you all right, vhen I %aw*_ypu* at the tbp.of-the Kyber Passioad. .J. was' well';^satisfied"wifeh "the-?price. I •ecoived the/riio'ney for the last three loads of lay. The 'servant girl'was present when I ,sked you ( 7f6'r the'mpnßy.'on Saturday night, jndyou told me you were to',get..the money, trhen you 'took in the ifext load. You asked ay leave to'then go. away,Vto be'back on.Surilay night. I paid you'*part"of your wages in he morning, and the balance when you came jome v ,1 .did not offer to receive the money v the Court at Onehunga. One of your acOmplices offered it to me. I told him if he ianted'-O pay'it he had bett'ei? pay it into /OUrt. .■■..,. a »_____ ,_,._-._ ta. .-. .■,*« .•« - [To the Court : The next time I saw him .as on the Monday night, when arrested.

Thomas Barnes deposed : I am a farmer esiding on Cabbage Tree Swamp x'oad. Prioner brought me a load of hay on the 30th .pril from Mr. A Wallis. I paid him £4 is 3d. Deducted from the price £1 which rrisoner had overcharged on a previous load. Vitoess had previously paid prisoner mone§r ,ri •-Jeteount of Mr. Wallis. i Witness produced tie .eceipts given for previous,moneys. The jrismer also offered to sell .witness one of the lorBS in the team for £30. Witness declined to pirchase it. . - '-'•;- "' ■ ; ' ybis was the case for the prosecution. Irisoner addressed the Court at some leijth, and called witnesses as to character!

F. G. Ewington deposed :' I have kriown tie prisoner for about, six years nt intervals. Hid not seen him for three years, till I saw Jiin.ashort time ago. Always believed him t_ be a steady, honest man. Never heard aiything charged against his honesty. I .reicle at Mount Albert, and have been in At-—land seven years.' T.-knew the prisoner wivai he had a good - positiop of trust, and I worid have trusted him a good deal.

Claries Duckingfield deposed: I have known the jrisoner about eight years and a half, and havj seen him more or less all that time. Have knovn him to hold very responsible situation. I never knew anything dishonest regardng him. His character has been that of an lrmest man.

Hs Honor sunn-ied up, and the ju.'y, after retimg for about ten minutes, returned a verdit of not guilty of felonious intent. The prisoier was discharged.

[Left sitting.]