SUPREME COURT.—Criminal Sittings.

Auckland Star, Volume I, Issue 140, 21 June 1870, Page 2

SUPREME COURT.—Criminal Sittings.

TUESDAY, JUKE 21

(Beforo His Honor Sir Or. A. Arney, Knight, Chief Justice.)

His Honob took his seat on the bench at 10 o'clock.

SELLING ABMS TO NATIVES

William Fagg was arraigned upon a second indictment, charging him with selling, on the 10th of July, 1869, at Taupo, a gun to Hori Hana, contrary to the Arms Act, 1860, the Arms Act Continuance Act, 1861, and the Arms Act Amendment Act Continuance Act, 1866. A second indictment charged him with selling a gun to Haere Titangi on the 23rd of May. There were two other indictments, one for selling, and another for removing arms. Mr. MacCormick said, that considering the prisoner was indicted only for a misdemeanour, and that was an offence which, might be the subject of arrangement, so that the prosecution might be withdrawn, with the sanction of the Court, he had come to an understanding with his learned friend, who prosecuted on" behalf of the Crown, that the prisoner should plead guilty to two of the other indictments, and that the remaining two should be withdrawn. .

His Honor : I may now refer back to the points which you raised upon the last day which the Court sat. I will reserve the two points, namely; tha^ under the 3rd section of the Act, 1860, and that'under the 35th section of the Act, 1869. As to the 3rd point I do not think there is anything in it.

Mr. MacCormick : But I would ask your 1 Honor to reserve this point, that those pro- ' cceding3 were instituted in March, whereas i Mr. Thompson's appointment by the Groveri nor as a fit aud proper povson to institute proceedings under the Act is not dated until the ; 2nd June, 1870. The c "was no evidence whatever that any person duly authorised had instituted the.-c proceedings. . .Ilia Honor : Why was not that argued -before?'' '' '■''-■■■ '< ■ "..!.!!•• i ' ■ "l Mr. MacCormick : The point is subsidiary !to the one raised, on the last day. There it was that the appointment being In 1869 was not applicable to prosecutions instituted under the Act of 1860. Here it is that Mr. Thompson was _not 'properly authorised until June, and there whs no evidence whatever that there was any one pi-opei-ly authorised before, .that date—certainly none, so far as these proceedings are concerned. His Honor : I will give you the benefit of the point. ; . ; ■ . The prisoner was called on to plead to the indictments, which were read over to him, and he pleaded not guilty to each indictment. Mr. Brookfield :: Seeing'that the prisoner has pleaded, guilty to two other indictments charging him with other' offences,- and" that there are now three convictions against!lritn, I am willing to enter a nolle prosequi, so that the remaining indictments- can be withdrawn. His Honor: "Notwithstanding that it is my intention to postpone the case, the prisoner j may as well be called up for judgment, so that I may hear any objection that may be made in arrest of judgment. Tke indictments, I believe, are all correct, and follow closely the language of the Act. Mr. MacCormick: It is not my intention to move for an arrest of judgment.

His Honor: Then let the prisoner be remitted to custody until after the objections

raised to the prosecution shall have, .been decided by the Court of Appeal. *■$* Tins concluded the business of the criminal, sifcljmgs <S"f tile Circuit Cblvrt. ||j'