SUPREME COURT.

Daily Telegraph (Napier), Issue 3109, 15 June 1881, Page 2

SUPREME COURT.

TUESDAY, JUNE 15.

(Before His Honor Mr Justice Gilliea) The Court resumed at 2 p.m. FORGERY AND TJTTEBING. Heini te Awhenga was indicted for forging a cheque for £29 10s 9d oa the National Bank at Auckland. The prisoner pleaded not guilty. Mr H. S. Ruddock was chosen foreman of the jury. The evidence of Riapeta Aniani and of Hohapa Ngapo was taken. It did not differ from that given by them in the case against Henare Wairoa. Ann Nicholls deposed that she was a storekeeper residing at Te Arai, Poverty Bay; that the prisoner showed witness the deposit receipt produced, and wished to have it cashed. She told him she did not wish to deal with it. He brought it another day and she asked him to leave it and she would show it to the manager of the bank. She asked the prisoner how he came to have money in Auckland, and he said his father-in-law had given it to his wife while she was there. Witness wrote the prisoner's name on the receipt and he put his mark on it. Mr M'Kay was present. Witness also drew the cheque produced for the amount of the deposit receipt, and the prisoner put his mark to it, the signature being that of the person named in the deposit receipt. Mr M'Kay also witnessed the prisoner's mark to the cheque. Witness did not know the prisoner's name, but he represented himself as the person named on the receipt. Witness Bent the documents to the bank, tut got no money. Witness told the prisoner that the deposit receipt belonged to a woman and not to a man, to which he replied that his wife was very ill and if she died they were afraid of losing the money.

By the prisoner: Witness was sure that the prisoner was the man. Dirndl Gso. M'Kay, ehespfarmer, of Te Any, deposed that Misa Nioholls consulted him a deposit receipt. Witness told thopnroner the bank would not cash the receipt without a cheque, and if he liked to give a cheque witness would forward the deposit receipt and the cheque. Miss Nicholls wrote out a cheque and the prisoner put his mark to it in witness's presence. Witness translated what waa written on the cheque to the prisoner, and explained what it meant. Prisoner said he got the money at Coromandel. Constable Villers deposed to arresting the prisoner in his whare near Ormond. His Honor, having summed up, the jury returned a verdict of guilty. His Honor said he would deal leniently with the prisoner as he might not have understood fully what he was doing. The prisoner was sentenced to twelve month's imprisonment. CATTLE-STEALING. Hone Riaka wae indicted for stealing (wo bullocks on May 26th. The prisoner pleaded not guilty. Mr W. Burton was chosen foreman of the jury. Rihimona' 'Riaka, the father of the prisoner, deposed that in May last he owned two bullocks. David Thomson had a alight interest in the bullocks, but the prisoner had none. On May 26th witness missed the bullocks from the place where they were kept, and saw them again after they had been sold to Mr AisJabie. The prisoner bad no authority to take them away or to tell them. Another native deposed to knowing the bullocks in question, and that they belonged to Rihimona. John Hudson Aislabie, butcher, deposed that the prisoner sold him two bullocks for £18 on behalf of another person. Constable fciddles deposed to arresting the prisoner on board the steamer Maori. The prisoner said that Rihimona consented to let him sell the cattle. His Honor summed up and the jury returned a verdict of guilty with a strong recommendation to mercy on account of prisoner's youth and relationship to the prosecutor, Rihimona. Rihimona said his son had always behaved well hitherto. The prisoner was sentenced to six months imprisonment. The Court then rose.

WEDNESDAY, JUNE 14. His Honor took bis Beat at 10 a.m. SHEEP STEALING. William Hitchings and Alexander Parsons were charged with this offence. Mr Rees appeared for Parsons, and Mr Lee for Hitchings. The following jurors were drawn : — A. Palmer, W. E. Oombs, J. Clarebutt, J. Orr, G.Fitzgerald, S. Watt, D. Simon, D. Woods, J. Martin, T. W. Bear, S. E. Cooper, and W. Villers. Mr Combs was chosen foreman. The Crown Prosecutor opened the case, and called . Arthur Bruce Newman, who, on his oath, said he was a eheepfarmer residing near Ormond. Last January he had a hundred sheep in a paddock adjoining his property. The sheep were branded and earmarked. He went to the paddock on the 23rd January about half-past 4 with the constable and found a ewe dead. The head was cut off, and the carcass was partly dressed, as if for the butcher. The piece of skin where the brand was was cut off. Constable Currie commenced to take the skin off. " They compared the piece of skin with the brand on it with the hole in the skin. It fitted exactly. His registered brand was on the piece of skin. The piece of skin produced was the same. Did not see the head of the sheep. The sheep killed was of the same class as the others in the paddock. He knew the prisoners. They were in his employ. He did not authorise them to kill any sheep. Had sold no sheep in that paddock. Thomae Rowe, sworn, said he was a butcher living in Ormond. Saw the prisoner Parsons on the evening of the 21 at January. He came to the shop. He went up the street towards Hitchings's home. The prisoner Hitchings also came to hie shop while Parsons was there. Parsons was leading a horse. He knew Morrison's paddock; it was a mile and a-half from his shop. By Mr Lee: Hitchinge is a butcher; He used to slaughter for his (witness's) father. Hitchings owns some cattle, and a house and land. Dr Jackson, sworn, said he knew a man named Bandy. He attended him at Gieborne. He was suffering from rheumatism, and from a large abcess. He was unfit to travel. The depositions of Bandy were then read by the Registrar as follows:—He - saw the accused between 8 and 9 in the evening on the 21st January. They were on horseback. They were about three yarde.from him. Did not look carefully at the men. Parsons was in a white coat, "and Hitchings in a dark one. The prisoners were riding at a fast pace. They spoke as they passed. B. T. Higgins, sworn, said he lived with his father at Ormond. Was with Bandy on the evening of the 21st of January. He knew the prisoners. Saw them on the night he was with Bandy about two hundred yards from Morris' paddock. Prisoners were coming towards them. Prisoners were riding. It was between half-past 8 and 9. It was a dark night. They passed quite close to them. He spoke to them in Maori, but they did not answer. Cross-examined by Mr Rees: He was quite sure he saw the prisoners. He was riding on the right side of the road. Prisoners were on the left. It Bandy said they were on the right hand side he says what is not true. It was a dark night. Their horses were walking when they passed prisoners. Parsons was dressed in a light coat. He spoke to them. Bandy also spoke to them. Parsons passed him within a yard or perhaps two. Bandy and Miss Bennett were riding between him and the prisoners. He could see Parsons clearly. David Ross, sworn, said in January last he was living at Ormond. He remembered the 21st of January last. Knew Morris' paddock. He went there with Brown of the evening of the 21st, about 8 in the evening. There were some of his sheep in the paddock, and some of Mr ITewman's. He heard some one in the scrub. He heard some horses also in the paddock tramping about. He heard some one cough in the acrub. He was just entering the scrub when he saw some one come out. He ran to the nearest one and caught hold of him. The other galloped away on a horse. It was the prisoner Hitcbinge he caught. Could not see who the other man was. He asked Hitchings what he bad been doing. Hitchings said he could see how it was that Parsons had split on him. He said he had killed the sheep, but Parsons helped to catch it. Hitchings called out and said, " don't go away and leave me, Parsons," or " Alec." He heard no reply. Brown was close to him during this. Brown went for Constable Currit while he stayed with Hitchings. When they

returned he went into the scrub and fouod the carcass of a sheep. It was lying in the scrub with the head oft, and part of the skin off. They struck some matches and saw Mr Newman's brand on the sheep. The sheep had not been killed more than half an hour. He then went to Mr Newman's. He then retufned, and found the constable and Hitchings still there. He cut the brand off the sheep, and gave it to the constable. He found the head. The ears had been cut off. The bead was about fifty yards from the boaly. He could not find the ears. Hitchings told them that the head had been taken off outside the scrub. The witness was cross-examined at considerable length by Mr Lee and Mr Rees. Thomas Brown, sworn, said he lived at Waikari. He was in the employ of Ross in January last. He went to a paddock with Ross. He went close on 9 o'clock. They heard sheep bleating, and went in that direction. He saw some horses and heard voices in the distance. When they got to the scrub two men came out. Ross caught one of the men. It was the prisoner Hitchings. Could not see who the other man was; he jumped on his horse and galloped off towards the slip-rails in the fence. He then went for the constable. The sheep they found killed was of the same class as Mr Newman's sheep. Cross-examined by Mr Lee : He was asked by Ross to go to the paddock. Ross told him that he had heard that some one was going to kill sheep, and asked him to go. Constable Currie stated he was a constable at Ormond. Went to Morris' paddock on the evening of the 21st January with Brown. Found Ross and Hitchings there. Hitchings said he had killed a sheep, and that he was led into it by Parsons. Hitchings told them where the sheep was; he said he had cut the head off, and Parsons the ears off. He also said that Parsons had caught the sheep, and he had killed it. They saw Mr Newman's brand on the sheep. The piece of skin produced was cut out of the skin. He also found a knife and two bags. Those produced were the same. The sheep was warm. The next morning he arrested Parsons across the river. He said it was a shame of Hitchings to have accused an innocent fellow like him. This closed the case for the Crown. Mr Rees asked hia Honor if there was any evidence against Parsons on which a jury could be allowed to convict. His Honor said he thought there was. Evidence had been given that there were two men. One was Hitchidgs, and evidence had been given that the prisoners had been together about the time. Mr Rees called Henry Parsons, who, sworn, stated that he was a brother ot the prisoner Parsons. He remembered the 21st of January last. On that evening he saw the prisoner Parsons at his own house. He went down to get some lanterns, and the prisoner came to the door. He (prisoner) was in his nightshirt. It was about 9 o'clock when he saw him. Mr Lee asked that the prisoner Hitchings's statement made before the Magistrate should be read. His Honor held that the whole of the depositions must be put in. Mr Lee agreed to this. The following statement was then read: —Parsons told me that he had a sheep in his brother-in-law's paddock, and if I liked to go with him and kill it I could have half of it. Mr Lee then addressed the jury on behalf of Hitchings. Mr Rees followed on behalf of Parsons. After the Crown Prosecutor had replied, and His Honor delivered his charge, the jury retired to consider their verdict, and had not returned when our report left.