SUPREME COURT, NAPIER.

Daily Telegraph (Napier), Issue 3259, 12 December 1881, Page 2

SUPREME COURT, NAPIER.

THIS DAY.

(Before His Honor Mr Justice Richmond.) His Honor took his seat at 10 a.m. grand jury. The following gentlemen were sworn in as a Grand Jury:—Messrs C. B. Winter (foreman), R. J. Duncan, S. J. Williams, G. E. Richardson, P. Diuwiddie, R. Braithwaite, A. M. Foster, F. W. Williams, R. Wellwood, W. M. Newman, Joseph Liddle, G. H. Swan, J. W. Neal, N. Kettle, J. A. Fryer, H. Monteith, J. Garry, J. M'Vay, J. Lyons, N. Williams, and J. Orr. CHARGE TO GRAND JURY. His Honor said the criminal session on the present occasion would in all probability be a very short one. It seemed that only some nine indictments would be laid before the jury, five of which were laid against one and the same person. This was a string of charges against a subordinate official in the post office. His Honor did not think these charges involved any great difficulties for the iury. The charges were, he btliefed, of a very extraordinarj' character, and would be preferred under the Post Office Act. There was nothing or next to nothing to say about the rest of the calender. There were two eases of cattlestealing against a Maori. There was also a case of horse stealing, and one of offeuce against the person — a charge of indecent assault. His Honor did not think the Grand Jury would meet with any technical difficulty in that part of the business falling to their share. It

was possible tbat another case would be added to the list. This case would come before the Resident Magistrate before many hours, and would probably result in a committal for trial. It was a duty to get rid of all the cases which might come before the Court as v Sobii a3 possible, and the Grand Jury would not, he thought, grudge a few hours extra attendance for that purpose. If a true bill was not found against the prisoner it would obviate his having to , remain in gaol for six months awaiting Mrial. The Grand Jury then retired. True bills were found in the following cases: —Hari Wahu, for horse stealing; Peddle, for cattle stealing ; Ebbett, for indecent assault; also in two of tbe indictments against Rendle. Owing to the absence, through illness, of Mrs Olliver an important witness in two of the remaining indictments against Rendle, Hie Honor announced that, after they had considered all the other bills before them, he would adjourn the Grand Jury until Wednesdoy at 10 a.m., when probably Mrs Olliver might be able to attend. HORSE STEALING. ' Hari Wahu, charged with stealing a horse, the property of Ranea Tiopira, pleaded not guilty. A common jury was sworn in to hear the case, Mr Mark Rolls acting as foreman, Haia Tiopira, being'sworn, said : lam a married woman, and reside at Mahia. i My husband's name is Ranea Tiopira. I "\ know the prisoner, and saw him at Mahia in September last. He asked me to lend him a horse on which to ride to Gisborne. He promised to return it in three days. I let him have the horse. , My husband was present at the time. '"> The prisoner paid nothing for if. By the Bench: Hari Wahu is no relation of mine. He comes from Hawaika. Examination continued : He said if he was away for more than three days he would deliver the horse to ray mother at Turanganui. He did not return it at all. I waited for a long time, and then got a letter from my mother. On receipt of this letter I proceeded to Gisborne ; saw the prisoner there, and asked him why he had sold my horse. He denied having sold it. He did not return it, however, nor did he give any reason for not returning it. He did not say where the {horse was. No further conversation \&lssed betwen us on the subject. I next ryoW my horse again after the day of lending it, outside the Court House on the day of hearing before the magistrate. The horse was a red gelding with brands (described). I never gave the prisoner authority to sell the horse. By the prisoner: You sold my horse. I lent it to you, but it was not for sale. I bring you here because you stole the horse. You explained to me that the horse was lost, but that was not true. I T demanded payment for the horse, but you had no money left. I demanded £7 for it, but I knew you had no money. There was a written agreement made out about your paying me for the horse ; you never paid it though. By His Honor: Tbe agreement was made after I went to Turanganui, and after tbe horse bad been sold. By the prisoner: You promised to arrange with me after you would have finished shearing. I agreed to that, but you did not pay me. By His Honor : This arrangement was made after I saw the police. I saw the Turanganui police about the horse before I had spoken to the prisoner. By the prisoner: It was a formal agreement we made, but it will not hold good in Court. (Laughter). It was when he informed me that the horse was lost that this agreement was written out. You did not go to a station to shear sheep according to agreement, but went off elsewhere. Ido not know where the police found you ; whether in the bush ■-*> or on a station working to pay off the money. I gave the agreement (produced) up to the magistrate. Ranea Tiopira, husband of tbe previous witness, was next examined, but his evidence was simply corroborative of that given by his wife as above. Oscar Hubble, being Bworn, said: I live at Gisborne, I know the prisoner by sight, and saw bim on the Gladstoneroad, Gisborne, on the 10th of September last. He asked me if I wanted to buy a horse, to which I replied in the negative. He said I could have his horse tor £1 xlOs if I liked. He spoke in English. The horse was very poor, and I told him I considered £1 plenty for it. It was a very small chestnut gelding, branded , IRA on the near shoulder. I bought f it from him eventually for £l si. By Mr Cotterill: I don't think the horse was too cheap. Similar horses were selling in the market at that time for £1 10a. I wrote out a receipt for the purchase, and the Maori signed it. The remaining portion of Hubble's evidence went to show that the prisoner was sober when the transaction re purchase of tbe hoTse took place. Constable Walsh deposed as to the arrest. The -jury found the prisoner guilty, and His Honor sentenced him to two years imprisonment with hard labor.