SUPREME COURT. CRIMINAL SITTINGS-YESTERDAY. (Before His Honor Judge Johnston.)

Evening Post, Issue 21, 3 March 1865, Page 2

SUPREME COURT. CRIMINAL SITTINGS-YESTERDAY. (Before His Honor Judge Johnston.)

John and Lucy Slarks were indicted before a new jury, consisting of Messrs. Wyatt, Connelly, M'Culloch, M'Dowell, Richmond, Carswell, Rigley, J. Lushington, Chapman, Ceoper, Phillips, and Lushington, for keeping a house of ill fame. The prisoners were undefended, and the Crown Prosecutor opened the case, calling numerous witnesses, previous to their examination. His Honor desired that all women and boys should leave the court. The evidence adduced in support of the charge was so revoltiug and disgusting that it is utterly unfit for publication. It clearly proved the charge, and his Honor, ere sentencing the prisoners, remarked - that»

during the quarter of a century he had sat on the Bench, he had never met a case so abominably disgusting ; he never could have believed any human beings in the form of men and women could be so utterly lost to all sense of decency and shame; he considered them tainted animals» unfit even for the society of the scum o£ the goal to which he was about to consign them. His Honor felt convinced that the vilest of the vile would shrink from them with loathing, and scorn and scout them from their presences. He then sentenced the male prisoner, John ! Slarks, to undergo two years' imprisonment, with hard labor ; and his wife, Lucy Slarks' eighteen months. The prisoners were then removed from the dock, amid the audibly expressed disgust of the people iv court. Ere the hearing of the next case, a petty juryman, of the name of Magee, who had been fined 40s for absence the day before, was fined another 40s for yesterday. His Honor, hearing he resided near at hand, sent for him, when the following amusing conversation then took place. His Honor : Is your name Magee ? Magee ; Yes, your Honor, that's me. His Honor: Very well. You were fined 40s for absence yesterday, and 40s again to day ; I have also a great tnind to commit you for contempt of Court, unless you can account b for neglecting the summons to my satisfaction. , , Magee ; There's no use saying anything to your Honor. (Laughter.) His Honor : Oh yes ; I hope there is. There's no use attempting to palm off lies on me, but I am always open to hear the truth. Magee : Well, your Honor, I wae employed carting General Government goods. His Honor : That's no excuse ; I should not care even had jou been employed attending on his Excellency the Governor. The truth is, you were drunk. Magee : Hurrah 1 You've hit it, your Hono*. (Laughter.) His Honor : Why, the man is drunk now. Remove him, and bring him back when he is sober. Mr. Magee was then removed. Aietopha, an aboriginal native of New Zealand, ws charged with having on the 17tu day of November, 1864, at Rangitiki, when a post office carrier, taken away a letter addressed to Messrs. Owen, of Wellington, confided to his care ; secondly, with having opened and abstracted therefrom a cheque for £50, drawn by Mr. Donald Fraser, of Wunganui, in favor of Owen Bros. Mr. Hamlin, the Government interpreter, attended to watch the interpretation, and Mr. Baker interpreted the case. The Crown Prosecutor opened the case,and explained the charge to the jury, and called a native named Warena Mahuri, warden of police, who deposed, I am a police constable at Manuwatu I know the prisoner. I apprehended him, and searched him, finding this document, a cheque now shown me. I forget the day } it was towards the end of November wheu I apprehended him. I told him I took him for breaking open the mail. He made no remark. I was present when the prisoner was examined before Mr. Buller. He was sent by Mr. Buller to Mr. Ward, at Wellington. [His Honor remarked that he did not know that one magistrate had the power to hand over a case to another for decision. Where was the warrant. This (the one produced) was not a warrant. It was a polite request, accompanying some rigmarole information. His Honor had never hoard of a magistrate asking a constable "to be good enough to receive." Laughter.] I brought down some papers also. I don't know on what accusation. I brought the prisoner. He was tol I why he was sent to Wellington by Mr. Buller A man named Thomas Cook was there. Cross-examined by Mr. Borlase : I apprehended the prisoner towards evening. I don't know how far from Scott's. It was the Wellington side o£ Manawatu. The prisoner lives at Manawatu. I apprehended him on Friday. I received instructions to do so that same day. Donald Fraser, sworn : I am a settler residing in Lower Rangitiki. I despatched a letter to Owen Brothers in December last. I addressed it myself. On the 17th I put it in Bevan's receiving box myself. It was stamped. It contained the cheque I now hold in my hand. (Mr. Berlase objected to a question asked by Mr. Iz ird, but was over-ruled). I addressed the letter to Messrs. Owen Bros. Cross-examined : I did not see the prisoner on the 17th November, Ido not know whether Bexan's receiving house is gazotted as such or no. I did not give it myself to Aretopa. I gave to Bevan. Philip Bevan, sworn: I reside at Rangi-

tiki. I keep a receiving house. lam appointed by Mr. Hoggard, who is postmaster at Wellington. I have seen the prisoner at the bar. I recollect the 17 th November ; I received six letters to be transmitted. I gave them to the prisoner, a mail man who carried the mail from Wellington to Wanganui. The prisoner brought the mail up from Wellington through Rangitiki to Wanganui. He had a mail bag on the box. He brought me some post letters and papers from Wanganui. I gave him half a dozen stamped letters to take to Wellington. Scott's is the next place to mine. It is eight miles distant. Scott is the deputy -postmaster at Rangitiki. Donald Fraser gave me a letter before the prisoner came addressed to Owen Brothers, merchants, Wellington ;it was stamped. I gave that letter, with five others, to the prisoner. Cross-examined : Mine is a public house* No man called Stephens keeps a public house near me. I only gave the prisoner the letters. I had no converation with him. He was sober. Tlioraas Scott, sworn : I am postmaster at Lower Rangitiki, appointed by Mr. Hoggard. I remember the 17 th November last. I saw the prisoner on that day. He brought no letters, saying he had called at Mr. Bevan's, but had received no letters. I gave him the usual bag to take on to Wellington. I did so because lie had brought one from Wellington. Cross-examined ; To the best of my belief the prisoner was sober. I had not much conversation with him. He only waited the regular time, namely twenty minutes. John Hoggard, sworn : I am Chief 'Postmaster of the province of Wellington. Tenders are offered annually for carrying the m iil from Wellington to Wanganui. Mr. Davies has the contract ; he employs natives. I rarely see the carrier myself. Mr. Davies is answerable for the terms of the contract. Mr. Edward Owen : I a member of the firm of Owen Brothers, Wellington. I received a letter from Mr. Fraser on the 26th.' I received no letter from Mr. Fraser prior to that date enclosing a cheque. I never received this cheque shown me. Mr. Borlase denied that the prisoner was a postal servant* and that the prose* cution had failed to make him appear so. He was employed by one Davies not by the Governor or the postal authorities) and he then appealed to the Act. His Honor agreed to the objection, and would leave the matter in the hands of the jury. The jury returned a verdict of " stealing a letter." His Honor, after commenting strongly on the extreme impropriety of the postal ' authorities entrusting the letters of the community to any contractor who might take them ordered the prisoner to find bail in two sureties of £200 each, and himself in £100, or be imprisoned until the decision of the Court of Appeal. Thomas Abbot, being indicted for embezzlement, pleaded " not guilty," and was defended by Mr. Borlase. The Crown Prosecutor addressed the jury at considerable length, calling numerous witnesses, but failed to give any certain proof of the fraud. Mr. Borlase pointed this out forcibly to the jury, calling upon them to acquit the prisoner. His Honor then carefully went over the evidence, and the jury after a short deliberation found a verdict of " Not Guilty." The prisoner was therefore released. His Honor having thanked the gentlemen of the jury for the manner in which they had performed their duty to their Queen and country, dismissed them. All the cases on the calendar being disposed of, bis Honor left the bench shortly after six o'clock, and the criminal sesiions were concluded. The Civil Sittings will commence on the 3th inst.