SUPREME COURT.

Evening Star, Volume IX, Issue 2589, 5 June 1871, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. This Day. (Before Ida liono- Mr Justice Chapman.) His H nor took his seat on the bench at ten o’clock. Tho Jury consisted of the following gentlemen :—Messi# George M‘Lean (foreman), T. Kempthorne, John Maclean, Clias. Nichol, John Jago, Ja es Kilgour, John Isicol, George Lloyd, James Kincaid, James Runciman, T. S. Graham, J. R. Mackenzie, James Milner, 1.. Thonsman, E. Smith, T. Dick, Charles Howden. His Honor, in his charge, said he was happy to state there were on y four oases of felouy, not of a very complicated nature, for trial. The first c.ise was that of William Gallagher, who was charged with stealing a LlO note from the p-rson of one Baker. It appeared that Baker was drunk, and the prisoner was charged with having accosted him when in a state of drunkenness, and pretended to take him into custody unless he gave him some money. Baker said he had no money. Prisoner proceeded to search him, and left him, saying, “ I see you have no money.” When tho prosecutor came to his senses again he missed the LlO note, and gave notice of bis loss to the police. It would be proved that the prisoner applied to a tradesman, and obtained from him a suit of clothes valued at L 4, for which he paid with a LlO note ; so that the note was clearly traced to him. There was some slight doubt as to the identity of the note ; it was sworn to with some reservation. He thought the jury would come to the conclusion that there w.is sufficient to call upon the prisoner to answer, leaving it to the petit jury to determine the question of identity. The evidence on this point was that the prosecutor swore to three of the four figures constituting the number of the note. The next case was that of Jane Kclisham, which was very clear. His Honor explained the nature of the rest of the cases, and intimated that there was a private prosecution for perjury, which, however, was not likely to come before them. RE A. M’LEOD. Mr Macassoy applied that the recognisances in this case should be enlarged on the ground that after the case had been handed over to the Crown Prosecutor, the Government intimated that they declined to take up the prosecution. He pointed out that the new regulations were only published a day or two ago, and that Mr Driver had been taken by surprise. His Honor expressed his intention to enlarge the recognisances without prejudice to any action M‘Lcod might be advised to take. RE G. B. BARTON. Mr Macassey applied that the defendant might be discharged from the recognisance. The learned counsel read an affidavit, the concluding paragraph of which states that:— Regina v. Barton —lt is represented here that the sole reason why the Government has abandoned the prosecution of Mr Barton, is that it anticipates the Daily Times employes will claim their privilege. To prevent auy misapprehension, I am instructed to offer a written understanding on tho part of those employes, by which they will pledge themselves not to claim the protection of their privilege if the i overnment will proceed with the prosecution of Mr Barton at the ensuing sittings of the Supreme Court. Unless 1 hear from you -within twenty-four hours that the offer is accepted, 1 shall assume that it is declined. You are telegraphed to at the instance of the Crown Solicitor, who has referred me to you.” He was also understood to say that Mr Barton regarded the abandonment of proceed-

ings as an acknowledgment of the justice of the articles he had published, and that it was his indention to institute civil proceedings without delay against those who had instituted proceed ngs against him. His Honor said the application must be made after the discharge of the Grand Jury. RE C. TINS. A similar order to that in McLeod’s case was made. George Marshall Biunic pleaded guilty to a charge of forgery at Dunedin ; Jane Kelysham to a charge of larceny jt Dunedin ; Henry Dimes was found guilty of embezzlement at Clyde; and William Gallagher stealing from the person at Allday Bay. All the prisoners were remanded until tomorrow lor sentence.