SUPREME COURT.—CRIMINAL SITTINGS.

Daily Telegraph (Napier), Issue 3564, 11 December 1882, Page 2

SUPREME COURT.—CRIMINAL SITTINGS.

This Day,

(Before His Honor Mr Justice Gillies.) His Honor took his Beat at 10 a.m. GRAND JUBT.

The following were sworn in as a Grand Jury :—Messrs J. P. Hamlin, P. Dolbel, J.W.Craig, R. J. Duncan, O. H. Edwards, P. J. Knight, E. Tuke, H. R. Holder, J. A. Fryer, F. W. Garner, J. N. Williams, T. K. Newton, D. Gleddinning, H. C. Wilson, F. W. Williams, C. H. Weber, J. H. Williams, E. D. Tanner, J. S. Welsman, R. Holt, J. H. Vautier, W. Cato, and W. J. Garry. Mr J. H. Vautier was chosen foreman, nrs honob's chabge. In charging the Grand Jury His Honor said the duties of the jury on this occasion would be comparatively light, the calendar being much lighter than had been the case for some considerable time. There were only eight persons, charged with tea offences, none of which were of a eerious nature. Only two of the persons charged were Europeans, the remaining six being Maoris. This absence of crime said a great deal for the good character of the district. Of the two cases against Europeans one was for attempting to 2ommit suicide. The law in this matter was that the man who attempts to commit suicide attempts to commit murder upon himself, although it did seem somewhat strange that a man should be punished for a crime which if he had been allowed to commit would have effectually prevented his being punished at all. His Honor expressed a hope that the law affecting suicide would be so altered that cases like the present could be dealt with summarily instead of having to be brought before the Supreme Court. With regard to the guilt of the prisoner the, jury would have very little trouble in deciding that point, the prisoner's own statement being an admission of it. The other European case was that of a Scandinavion charged with a breach of the Arms Act. It would appear from the depositions that the man had a gun in his possession that a boy in the employment of the accused took a fancy for, and the man let him have it, deducting the price of it from the boy's wages, and the man was accordingly summoned for a breach of the Arms Act. The offence committed was a venial one only were it not that the Act was very stringent upon the matter, and the decision of the jury with respect to the case was, His Honor considered, clear enough. His Honor concluded by summarising the charges against the six natives, none of which, he Baid, with one exception, possessed any very Bpecial features. There was a charge of forgery against a native, who, it would seem from the depositions, had never handled the forged instruments, having in fact actually got a European to sign the cheque! for him. He had some considerable doubts respecting the indictment in that case, but he would not trouble the jury with those doubts, as it might be as well to have the legal points argued between counsel. The Grand Jury were then directed to retire. BILLS. True bills were found in the following cases : —Hare Mokena, horse stealing at Omahu ; Robert Isaacson, breach of Arms Act; Hanata Te Macro and Hami Whipehina, forcible entry at Omahu; Haremia, forgery (two charges) at Gisborne ; Here Here Akena, uttering at Gisborne ; Eruera te Whatanui, breaking out of prison at Wairoa, also horse stealing and larceny of a watch. In the case of John Hammond, of Waipukurau, charged with attempting to com\ mit suicide, no true bill was found. . " The Grand Jury concluded their labors at 12.45 p.m. HORSE STEALING. Hare Mokena was indicted for that he did, on the 31at day of July, 1881, at Omahu, feloniously steal and take away one horse, the property of Karma Ruataniwba. Mr John Chicken was chosen foreman of the jury. Mr Lee watched the case for the prisoner. Karma Ruataniwha deposed on oath that he lived at Omahu. In June or July last year he had a chestnut gelding, which had been in his possession since it was foaled. Witness himself branded it, with the brand produced, on tbe near shoulder. He last saw the horse at Omahu in June or July last year. It was running in a paddock with other horses. When witness missed the horse be searched all about the neighborhood also for it, and enquired at the pounds. He could not find it. The next time witness saw the horse it was standing outside the Resident Magistrate's Court at Napier. The prisoner and the horse both disappeared about the same time. Witness never gave any person authority to take away the horse. Witness recollected a man named Oscar Evestan coming out to Omahu with Constable Viilers a few days ago. They saw the horse together at witness 1 place; it

k was now standing outside the Court. The > braud tbat was on the horse had been altered between the time when witness lost it and the occasion of his next seeing it. By Mr Lee: Witness did not advertise for the lost horse, or inform the police until June of the present year. The brand was used only by witness, his brother, and his son. Witness had a great many horses, perhaps twenty. Witness had said in the lower court that the prisoner was still living at Omahu after the horse was missed. That statement was correct. The prisoner had gone to reside with a European. It was before that that the horse was missed by witness. •'Kahia, being sworn, said he knew the prisoner, and was _t Omahu with him last year. He recollected seeing the hbrse now outside the Court in the prisoner's possession at Omahu. Witness and prisoner went together to Tunanui station. He saw the horse there. He saw the horse again subsequently, when prisoner and witness took it to Gisborne. Prisoner told witness he bought the horse from William Ackland. By Mr Lee : When prisoner was at Ornahu he kept the horse at Ngabape's a short distance from Karina'e place. Prisoner remained there for about a year, Jr and had the horse all that time ; he then t-le;ft for Gisborne. They got there before the Wai-o-bika races. They took other horses with them. The horse in dispute was put into a paddock. It was there about six months. By Mr Cotterill: Witness had resided some years at Omahu prior to leaving for Gisborne. Tbe prisoner had been living there longer than witness. Oscar Evestan, shepherd, of Tunanui, identified the prisoner, who was engaged shearing about the end of 1881 at the Prisoner brought some horses with him, including a chestnut gelding. Witness had since seen the horse at Omahu in presence of Karma and Constable Villers. While it was at Tunanui the horse was branded HE; the prisoner branded it. The brand did not belong to the station. It was branded on the near shoulder. Could not cay whether there was any brand on it before. Prisoner took the horse away about the beginning of tne present year. By Mr Lee: There were twenty shearers, nearly all natives—some from Omahu amongst them—at the shearing. These had all an opportunity of seeing the horse. Watine, another native witness, deposed 'that he lived at Gisborne, and knew the prisoner. Recollected seeing him' about a horse prior to the races. Prisoner came to witnesses' place with a chestnut horse—a race horse—which was in a paddock there for two weeks. came and took it away, alleging rthat it was suffering from the training. It was Kahia who led it away. Prisoner gave witness no information about the horse, only that it was a Napier horse, and was a racer. Witness saw tbe same horse outside the R.M. Court at the first examination. By Mr Lee : Witness had forgotten to state that prisoner when he came to him said he had bought the horse from a Jamie (or some such name) Ackland. P. O'Meera, described as an overseer, identified the prisoner, with whom he had had a conversation about the horse. Prisoner said he purchased it of William Ackland. W't neßS found out afterwards who Willia-n Ackland was; he hunted for him. By Mr Lee : Witness went to look for the man Ackland in consequence of what prisoner told him. It was probable that the prisoner asked him to hunt him up. By the Court: Prisoner described Ackland as a young man, and not very tall, also as being a good Maori linguist. The man of that name whom witness found in Norsewood answered the description. Together they went to the prisoner, when a conversation took place about the horse. Ackland denied having sold the horse to the prisoner, and the prisoner insisted that he had. William Ackland was called and denied that he had ever sold the prisoner a'borse. He did not recollect having ever seen the horse alleged to have been stolen until he saw it outside the R.M. Court. He never had it in his possession at any time. By Mr Lee: Witness bad lived in Norsewood recently. He had been at Rissington until the end of June last year, when he came to Taradale. He stayed there for about a month, but sold no horse during that time. 'By the Court: Witness afterwards went to Woodville. During the month he was at Taradale he neither saw the prisoner, nor had any conversation with him at all. This closed the case for the prosecution. ,No witnesses were called for the defence, and, counsel having addressed the Court, His Honor summed up in favor of the prisoner, and directed the jury to retire. The jury returned into Court at 2 o'clock with a verdict of "not guilty," and the prisoner was discharged. ATTEMPTED SUICIDE. John Hammond, in whose case no true bill was found on a charge of attempted suicide, was put forward and formally discharged from custody. BREACH OF ARMS ACT. Robert Isaacson was indicted with having committed a breach of the Arms Act, for that he did at Ormondville dispose of one gun by sale, he not being a licensed dealer under the provisions of the Act. Tbe prisoner pleaded guilty, and was ordered to be imprisoned until the rising of the Court