SUPREME COURT.—CRIMINAL SESSION.

Auckland Star, Volume II, Issue 446, 15 June 1871, Page 2

SUPREME COURT.—CRIMINAL SESSION.

THURSDAY, JUNE IS,

[Before His Honor Sir Gh A. Arney, Knight, Chief Justice.]

His Honok took bis seat on the Bench at ten o'clock.

Breach oi? Arms Act.— Patrick MeGrath was arraigned upon an indictment charging him with the above offence, in haying, on the 18th of May last, at Te Awaniutu, disposed of, without a license, 1 gun, 1 pound weight of powder, and 1 box of percussion caps.— Mr. Brookfield appeared on.behalf of the Crown ; Mr. Hesketh defended the prisoner. —Before proceeding with the case, Mr. Hesketh asked permission of the Court to demur to the indictment, on the ground that the act charged against the prisoner was no longer an indictable offence, upon the ground that the Act of 1860 having been repealed in respect to the quality of the statuable offence by the Act of 1886, and Arms Act of 1869 hav-1 ing repealed the Arms Act of 1866, without ex- \ pressly revising the old clause making the offence felony, there had ceased to be any legislative provision whatever for the alleged offence named in the indictment.—His Honor: I had reserved judgment in all these case 3. I had so reserved it that the ultimate decision upon it should be given upon review of the conviction as well as any motion for arrest of judgment. There is this inconvenience in the ! demurrer, that even though it be argued, the ' man would after that have to take his trial. — Mr. Hesketh : I take this occasion to demur because I think it the proper time. — His Honor : I believe it is not necessary that it should be formally in writing.—Mr. Brookfield :It is necessary that ifc _ should be in writing,—Mr. ii'esketh said the demurrer having been made a part of the record ho would now instruct his client to '•' plead over."—The prisoner then pleaded not guilty.—Sergeant John Henry Cassell, examined by Mr. Brookfield, deposed that he was in the neighbourhood of Te Awamutu on the 9th of May. On the Bth of May he met two natives in Alexandra. One of the natives was called Tamihana. They were near the Waipa bridge. It was night, and they were riding. He stopped them and made them dismount. He asked them whether they hud any firearms about them, when Tamihana gave him up a gun. The gun was in parts, the stock and barrel being separated. Found on the other native a box of caps and a flask full of powder. Took the two natives before Sub-Insnector NcwLmd, the officer in charge. In consequence of information received fiom those natives witness proceeded, with constable Bond, to Te Awamutu, and apprehended the prisoner. Witness was present when the case was investigated by the magistrates at Alexandra. When the prisoner was apprehended be was riding a small bay pony, branded T E o-a the off shoulder. Saw that pony at Alexandra. The two Maoris identiCed ifc 'as the pony they had given for the gun.—Cross-exa.nined : The witness said that he received information that arms were being sold to the natives up country. Received the information in the course of police duty. Told his informant if lie heard anything more to let witness know. Was aware that a roward was offered by the Government. Believed it was to be £100. Witness did not expect to share that reward. I Did not expect to receive a shilling of it. Witness knew a half-caste named Thompson. Thompson was present when the prisoners were apprehended. Witness stopped their horses, and the two Maoris dismounted. Thompson did not interpret for witness. He did for Sub-Inspector Newland when the Maoris were brought before him. Brought the natives to the station. They wore not allowed to go at large after they were arrested. —Ec-examined : It was contrary to the regulations of the service to receive any reward in rnspect of duty. Witness had received 'information from Eopua that some natives had started to Alexandra or Te Awamutu, for the purpose of purchasing arms. There is a " track" from Te Awamutu to Kopua, but no man is allowed to travel that; Maoris may go along it. Expected to find these natives with arms in their possession. Witness did not know ifc positively that thoy would hare arras, but believed that they might—that it was likely. Witness did not know that be would meet these particular natives. There was no plant on his part, or the part of anyone Asked his informant to let him know "if he heard of any natives who had purchased, or were about to purchase arms. The Waipa Bridg-9 is about nine miles from Te Awamutu. —Tamahima, an aboriginal native, and a Hauhau callod. Mr. Hesketh suggested to the Court that these Hauhaus had a religion of their own—that they were not Christian.— Ilia Honor: If they were heatboos, the Court would still be bound to receivo their testimony.— Mr. Brookfield : The " King natives" arc all called Hauhaus up country.— The witness was examined by His Honor, through Mr. Brown, the interpreter, as to the nature of an oath. He said ho had been baptised ; that Tamihana was his " Christian" name, and that he was bound to speak the truth. ' Ho said that ho and his friend proceeded to McGrath's house on horseback, taking a " led horse" with them. Tho object of taking the "led horse" was to exchange him with McGbath fo? a gun and some powder. He gave the pony to the prisoner for the gun,' the powder, and the shot pro- j duced. Saw the horse afterwards outside the Magistrate's house at Alexandra. It was tho same horse they gave for the gun, powder, &c.