SUPREME COURT.-Criminal Sittings.

Auckland Star, Volume II, Issue 526, 16 September 1871, Page 2

SUPREME COURT.-Criminal Sittings.

SATURDAT, SEPTEMBER 16.

[Before His Honor Sir .0-. A. Aiiiey, Knigln, Chief Justice, and a Common Jury.J

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

Hobse-Steamng.— Thomas Moore was arraigned upon naiudictment charging, him with haying stolen, on the 25th of June, a dark brown mmv, from tho paddock of John Buglar, at Ottthuliu. The prosecution on behalf of the Grown was conducted by Mr. Brookfmid.—'i'ho prosecute-deposed that lit1 placed the mare in the paddook on the evening of t-ho 25th June, and missed her Hie following morning. JNoxt Jieard of the mure having beenscenatNgaruawahia. —Constable Mullens, of the Armed Oonslabularj, said lie saw tho prisoner at Hgaruawahia on tho 28th of June. The prisoner •nine to him and said he had letters for him from aomfl relatives and friends at Otahuhu. Witness told the prisoner that lie would have sonic lett rs ready for him to take back to Otahuhu as he was returning.— (Jo)ißtuble C:i<!ell. deposed to arresting the prisoner. He wa's working at 'Mr. Martin's, on Lho Waipa. The mure was on the run. Witness wont with Sergeant Bernard to arrest the p.isoner. Witness cautioned the prisoner thnt any statement he might mnko would be iiwd against him. The prisoner said that the maro was his. The prisoner rendered every assistance in his power to catch tho mare.— Sergeant Bernard gavo similar evidence, and added that, after being cautioned as to any statement he ehould, make, tho prisoner said ho had bought her, near Otahuhu, from a man named Wilkinson, of Onehunga j but there was no third person present wheii he made the purchase, and got no receipt for the money paid.—The prisoner cross-examined the witnesses, but the questions he put did not go to the merits of the case, and uol.hing material was elicited iii his favour. The prisoner addressed tho jury. In his defence he said the maro was honesty bought and paid for. He paid i' 6 Tor her. He was well known, having carted on tho Q-reat South Boad to carriers. He (prisoner) took£tlio mare along the high road. Ho rode her to the Police camp, and asked Col. Lyon for employment. The prisoner further said the man Wilkinson had endeavoured to sell another horse to another man in the same way,and it was only by a third party coming up and cautioning the intending buyer that the bargain was oil1. Xiie man Wilkinson had attempted that kind of thing several times. It appeared to be a "regular" trick of his.—The foreman of tho jury wished to recall the prosecutor, in order to inquire whether the prisoner knew Ihe mure before she was missed from tho paddock;—; The prosecutor said the prisoner must have known the mare, ns ho had a pony grazing there for a week previously, and the mare was always in a paddock, except when she was at work. The prosecutor said he had known the prJßoner some twelve months, and did not know anything against him.—His Honor summed up the evidence with mtnuto care, and left it to tho jury wb.fitb.er they were satisfied with the identiiy of the animal ; if so, th'en they would consider the testimony of the witnesses, and compare it with tho statement of the prisoner. They would consider whether the prisoner had called the witnesses to whom he alluded. It. was true that it appeared to be a hardship that prisoners on their defence should not be permitted to make their .statements us fully us possible when they had no mMus'ol [calling witnesses ; therefore he did not stop prisoners while uddressing the jury. If the prisoner knew tin; mure before she wns stolen, was it probable ho would buy her of a strange man on the public road, and near the paddock, where lie must lmvo seen her not long bofore ?—[The jury could not agree after two hours' deliberation, and had not agreed when our reporter left.] ' :Stbai>ing ptcom tub Pebso?.- John Robertson wus arraigned upon an indictment charging him with stealing from the person of Williau't'StonD two bank chequos and throe-and-sixpence in coined money, on tho Ist of August last, at Matata, near Tauranga.—Mr. Brookfield prosecuted on behalf of lho Grown. Mr. MaeCormick defended the prisoner.--The circumstances of the . case are pdcuhar. The prosecutor said ho was a draper, and visited Matata on the 30th of July, lip stopped that night at McDonald's, Masonic Hotel. 1 lie next duy he went to tho house kept by the prisoner and his wife as a board-ing-house. Jlc gave Ilia money, about. £17 10j., to the prisoner's wife to take care of for him. The uion3y consisted of two b:ink cheques for £5 and £1 odd, the rest iti .notes, and silver, Prosecutor paid prisoner's wife a week's board in advance. The day or two afterwards lie obtained his money back from Mrs. Robertson, the prisoner's wife. Tho prosecutor m«*t a friend, with whom hp went to Mncdwnald's hotel, and they had ," drinks." The prosecutor said he becamo unwell, and sat down on the form in front of tho bar. Prisoner was,there at the Urn-.!. Whim projisecutbr awoke 'ho found that his; notes, fclteqries, &()., were-gone. ..The prisoijor was present all this time. When prosfecutor [awoke, prisoner wns dosing, and prosecutor tasked him {whether ho had the cheques, &c. pßohertson'said ho had iio\ "'Prosecutor swora ifcbat he made enquiries everywhere, and next giiyfl -"information- to the police. Detective jDoolan accompanied .him, and searched tho prisoner,and t/>oU from his pocket the cheques produced.—The defence wns that the prosetor was drunk. That ho had. an imperfect Recollection' of what really .occurred. That he gave the.prisoner's wife the cheques, ouo ,of which was returned ut his request, und that lib ha I accused other respectable persons t;> whom, ho^bad given money to.take (tarn of, of keeping bis 'money. That both prisoner: and prosecutor were drinking together until they becatuc -quite oblivious, and neither one nor pther 'know what ho was about.—The jury acquitted the prisoner Robertson of the nlmrge of stealing, after Bcavcely a .moments' deli' era tibn

HortSE-scKAiifKG. —At, a littlo before (.wo o'clock, 'the jury returned a verdict bf guilty in tho horse-stealing caso, with a strong refioininentlalion to mercy.—His Honor said tluit horses were/exported properLy, and it was 'the duty of tbe Court to inflict substantinl punishment foraucli an offence. He sentenced the prisoner to twelve njontks'. imprisonment, with hnrd labor, i