The Evening Post. THURSDAY, OCTOBER 26, 1865. COURT OF APPEAL. THIS DAY.

Evening Post, Issue 224, 26 October 1865, Page 2

The Evening Post. THURSDAY, OCTOBER 26, 1865. COURT OF APPEAL. THIS DAY.

The Court of Appeal sat to-day at eleven o'clock, and proceeded to give judgment in the case of the Queen v. Knyvett, heard on Tuesday last. The question argued was, whether the conviction of the prisoner was valid, it having been proved on the trial that '', was a mare which had been stolen, whereas .ie indictment was framed for itealing a orse. Their Honors were unanimous in ¦pinion that the conviction was bad, inasnuch as the correct construction to be put Ctlie question is that the title horse red only to the male animal, and could not be properly applied to a mare. Had the crown prosecutor applied to have the Indictment amended previous to the conviction, it was competent for the presiding judge to grant the application, but after conviction ¦uch amendment was impracticable. They therefore directed the necessary certificate to be prepared for the prisoner's discharge from custody. The case of the Queen v. Graham was called, but there was. no appearance, and the Queen againit Johnstone was the next disposed of. The Attorney General was for the prosecution. Prisoner had been tried in Dunedin In December, 1864, before his Honor Mr. Justice Richmond, on an indictment for bigamy, and found guilty, but in consequence of the non-admlsslon in evidence of a marriage certificate, because of informality, and the weakness of the testimony adduced, his Honor reserved the question of the validity of the conviction for the Court of Appeal. It was contended that the admission by prisoner to one of the witnesses that he was married in 1855, and his conduct generally after his arrest, was sufficiently strong proof of a law. ful marriage with Eliza Jane Johnstons. He cited several cases which he considered Applicable to the one before the Court. Their Honors said the only question for them to decide was whether there was sufficient evidence to send the prisoner for trial ; they, however, had come to the unanimous conclusion that there was, and directed that the convfotion be affirmed. The next case, that of Regina v. White, had alto been reserved from Dunedin. The prisoner w«i tried before his Honor Mr. Justice Richmond in September last. There wtre two Indictments charging the prisoner with breaking and entering a shop in Dunedin, and Healing therefrom several articles of drapery, and with receiving good* into hi*

possession knowing them to have been stolen ; he was found guilty of receiving goods stolen, and acquitted on the charge of breaking and entering. His Honor had sent the case for the opinion of the Court of Appeal, as to whether sufficient evidence was given to convict the prisoner on the second count. The Attorney-General, who conducts the case for the prosecution, read over the evidence which had been taken at the trial, and proceeded to show from several analagous cases which he quoted, that the evidence taken at the trial was sufficiently strong against the prisoner to warrant their Honors in confirming the verdict of the jury. Their Honors, after giving their different views of the matter, decided that the conviction could not be sustained.

Mr. Macandrew yesterday withdrew the resolutions of whioh he had given notice on the more eion>mical administration of government, the reason assigned for so doing being the absence of more than one-third of the members. The s.s. Otago, Capt. D. MacKellar, from Melbourne, via Canterbury, arrived in harbor this morning at six o'clock, having left Lyttelton at half-past two yesterday. This fine vessel is now in command of Captain MacKellar, late of the Thames, brig. Captain Smith has returned to England, and will probably take command of the Great Britain steamship, as it ia understood Captain Gray will shortly resign. A " pecuniary testimonial" to Mr. J. G. S. Grant (says the Evening Star) has been originated by the committee of gentlemen who exerted themselves to secure his return to the Provincial Council. Subscription forms have been circulated through the town, but with what success we do not know. A man well known by the name of John Mahony, an old settler, has been drowned whilst bathing. He was employed for some time working on board the schooner Wellington, off Stoddart's point. Soon after returning on board yesterday morning, worse for liquor, he went to bathe, and it was noticed by his mates that he had floated a considerable distance from the schooner, and was evidently struggling in the water. They became alarmed, and having lowered a boat got to within twenty yards of him when the the body dissappeared. The police authorities were communicated with at once, and got the drags to work, but at a late hour last night the body had not been recovered.— Lyttelton Times. Yesterday afternoon, about half-past four o'clock, a married woman, named Sarah Balaam, residing in Canongate street, committed suicide by cutting her throat with a razor. It has transpired that the deceased and her husband have not lived on very friendly terms for some time past. Shortly after four o'clock yesterday afternoon, a neighbour, named Mrs. Julia Patrick, was in the deceased's house, and some angry words then passed between her and her husband. Almost immediately afterwards, the husband went out into the back yard to cut firewood, and Mrs. Patrick left; but she had not gone far before she noticed Mrs Balaam sending away several children, who had been playing in the house. This circumstance gave rise in her mind to an apprehension that everything was not right, and she returned to the house; but too late, for she found Mrs. Balaam lying dead with her throat cut in a frightful manner. Medical j assistance was at once sent for, but it was of no avail. Several of the neighbors, who have known the deceased for the last two years, state that during that time there was frequent quarrels between her and her husband, but they soon made it up again. We believe there is no suspicion of foul play. The body of the deceased was not removed from the house where she died ; and it is expected that an inquest will be held in the course of to-day.—Otago Times.