SUPREME COURT.— CRIMINAL SITTINGS.

Auckland Star, Volume I, Issue 213, 14 September 1870, Page 2

SUPREME COURT.— CRIMINAL SITTINGS.

WEDNESDAY, SEPTEMBER 14. ' [Before Sir George Arney, Knight, Chief Justice.] Hts Honor took his seat on the Bench at | 10 o'clock. i GUM STEALING. The jury, which had been locked tip all night upon the trial of this case, entered the Court and said they had not been able to agree upon a verdict. His Honor said he had no power to discharge them until they had been twelve hours in deliberation. The jury were conducted back to their room. His Honor said the jury had not commenced their deliberation until about one o'clock in the morning. They could not be discharged before tha' hour. The jury were ultimately discharged at 1.30 p.m. TARRING AND FEATHERING. Michael Hogan, James Donnelly, James Kinlon, and John Saltan were arraigned upon an indictment charging them with a violent assault upon George Preston —beating, wounding and maltreating the prosecutor —with intent to do bodily harm. Mr. Brookfield appeared to prosecute on behalf of the Crown j with him Mr. Beveridge. Air. Rees defended the prisoner. The trial seemed to excite an interest, the Court being crowded. The Registrar proceeded to call over the jury panel. The Crown Prosecutor challenged several of the jurymen. He said the reason for challenging was, not that any improper conduct was expected from the persons called, but because they had already served as jurymen upon the trial of the case out of which the. present indictment proceeded, and it was desirable to have the pi-esent charge tried by an independent jury. He would exhaust the panel, and then it would be open to him to consent with one or more of the other persons challenged en the jury as might be necessary.

Upon the jury having been called over, and Mr. Brookfieid having challenged five of the jurymen called, it appeared half of the whole jury panel were engaged in deliberation (not being yet able to a<>ree to a verdict) in the trial of the previous day for gum-stealing. There were oniy twenty--ix names on the panel. The jury ." 1 >cked-up" took twelve from the number, leaving only fourteen jurymen. The five jurymen challenged by the Crown by the Crown Prosecutor reduced the number of jurymen to nine.

Air. Brooklield consented that the number of the jury should be filled up by the persons challenged, and the trial proceeded. George Preston, tl»o prosecutor, deposed to the fuels of the assault, which have been many limes published. He said Wilson was the first man who laid violent hands upon him. Hogan poured the tar over his head and rubbed it into his face with his hands, ialton came up and swore if prosecutor did not lie still he (Salton), would kick his head off. There were several men who took part, who were not in Court. Donnelly was there with the rest and seized him by the arm. He dragged him back and told -him to "clear off," and never show face there again. The prisoners tore open the breast of his shirt, and rubbed the tar in. Witness swore that he gave the prisoners no provocation. (Left sitting.)