SUPREME COURT.—Criminal Sittings.

Auckland Star, Volume II, Issue 529, 20 September 1871, Page 2

SUPREME COURT.—Criminal Sittings.

' WEDNESDAY, SEPTEMBER _0. [Before His Honor Sir G. A. Arnoy, Knight, Chief'Justfo., and h Special Jury-.} His Honoe took, his seat on the'bench _t 10 o'clock. Chahge ov Aksox at Raxoiutri.—Mr. King, watchmaker, formerly of Shortlandstreet, but at present retired from business, deposed to watches and articles of jewellery as having been purchased by, the prisoner from him.—Charles Wallace, mate of the steamer Waipn, deponed to goods which Jiad been sent down tho river to Rangiriri.— Benjamin Edwards, ono Of the 'drivers of Quick's coaches between N«aruawttlua and Drury, deposed that on tho 6th of June, or thereabout, Mrs. Leonard was a passenger hy Quick's coach to Olahiihu, with hor twosons. She brought two bales with her, and what appeared to bo bedding, blankets,- &o.—Mr. Gilbert (Gilbert and Manley), deposed to certain scrim and oils having been purchased by prisoner from him, in May. Could not say whether prisoner took the goods on salo or return. In the early part of June received a trus. of these goods back, to dispose of for the prispner.r—This concluded the evidence, for the prosecution.—Mr. Hesketh said lie would call one witness, forthe (defence, namely, tho prisoner's son—a lad of about fourteen yeurj of age. He thought this boy would tie able to prove that the object for which the prisoner's wife and her children went to Otahuhu was one in perfect good f^ith. The' theory of the prosecution was that if this were a pretence, it would be a< presumptive proof of guilty intent -and - knowledge. — Robert Leonard, son, . to, '..the . prisoner, was examined at great length, with a view to show that his mother'going) to Otahuhu was for the purpose of putting himself and little brother to school/ i rThis; w&8 necessary, becaitse/Capt. Hutton's school was being broken up, and the master who carried it on was about to leave the place. ''Oa'pft Hutton had also left the district. I These hlfcnkcte, bedding, and bther things were, packed for himself and bis brothers when tney we're to "go to Captain Hutton's. In consequence of that school being broken,up,; thoy; were taken to Otahuhu. While at Otahuhu they wept to Mr. Greenwood's school, and also to another school.—ln cross-examination, the witness B_id' that it was arranged that his mother was to remain with himself apd brother, for, .a. month, and then return to Rangariri.. He said he was always.taught not, to, tell dies, or keep company with; bad;;bpyß,:.. ; :.one\of,the bags brought down .contained .•'opeone to make ~ pillows. His brother and,himself were to sleep undor two. feather, bertq and seventeen blankets.— Mr..Hesketh .addressed the jury.in.defence of the prisoner, contending that the case, was •wholly circumstantial, and that being, so it was the special charge of the jury to put i^pon those circumstances their .propor interpretation. The prosecution interpreted those circumstances favorable to its own view,, and the defendant-held that the'1 circumstances proved were consistent with his- innocence. There was not the' color of suspicldn attaching to the prisoner until; it was' knbwlV-that some of-*'the :thihg- Inid been' Removed. It devolved upon the-'defence' to show'that th. removal was for a _-to*/?$JJpu?pose;'_ud'would have taken place whatever1 •migh(i'ibjiye;folI6wed. : He thought the'object-'of- the'wife going to OtahuhU-w_3 cle_rly-sho-v*n jby'the prisoner's soii. If the jury entertained any d?onbt of tbe: correctness of the' interpretation put upon the facts proved by the prosecution, they would give his client the benefit of it and acquit him of the oharge.' •''