SUPREME COURT.

Evening Star, Issue 2846, 3 April 1872, Page 2

SUPREME COURT.

CRIMINAL SESSIONS. This Day. (Before His Honor Mr Justice Cliapmau.) The criminal session of the Supreme Court commenced this morning at 10 o’clock. The Oraud »7ury wero ftlcssrs f i?bt)inas Diclc ({ovaman), W, 0, Ball, J. Curie, Alexander Douglass, John Fargie, Robert Gillies, A. H. Jack, Alexander Kirkland, Gcorgo Matthews, J. R. Mackenzie, George O’Brien, A. T. Oswin, W. A. D. Pit:, Thomas lied may re, Charles Reid, John Sperry, George Turnbull, Job Wain, J. Walcott, Thomas Wilkinson, George Young, J. Wilson, The Grand Jury having been sworn, His Honor said the cases to be submitted for their consideration this quarter were not very numerous, nor such as required much comment. He should say, however, that since the last session of the Court, a District Court had been established at Oamaru ; and therefore the number of cases tried in Dunedin did not precisely represent the state of crime in the whole Province. Here there were seven cases for trial, and four cases were tried at Oamaru ; so that the stock of crime, so to speak, during the present quar ter, amounted to eleven cases—not a very considerable number. Those cases were mainly larcenies and ordinary crimes not requiring comment. There was one case in which Wm. Brown was charged with arson ; bat the evidence consisted of conversations of tae prisoner’s own, coupled with other circumstances. It appeared he had had some dispute with his landlord respecting his lease and the transfer of certain property and threatened to set fire to it. Shi.rt.iy after wards it was burnt; and this threat, coupled with other circum-tauces, might enable them to find a bill against him, leaving it to tlm petty jury in investigate the subject thoroughly. There was also the case of Hartley, recently committed by the Mayor, on , a charge of hqreie stealing. There were two charges against him, ami the evidence was such that, without trying to influence the petty jury against the- prisoner, it would be quite sufficient to justify finding a bill. There were two cases of assault, arising out of the same transaction, ope jn which a a Chinaman assaulted a European, and the the other ju which a European assaulted a Chinaman. There would bo a little difficulty

arising out of doubtful identity of the Chinaman ; but in cases of that kind it .was better for the Grand J ury to accept modera* e evidence of identity, leaving to the pett' jury to examine it more carefully. Thdifficulty was that when the accuser wa called upon to pick out the man from a number of Chinese be selected first one and afterwards the prisoner. This, in the case of Chinese, arose from want of acquaintance with the peculiar features of the race. No doubt foreigners find the same difficulty in identifying Englishmen. No doubt sufficient evidence would be given to justify finding a bill. The other cases did not need observa tion. The Grand Jury having found a true bill against J. Curtis for stealing a silver watch and chain, be pleaded guilty, and was sentenced to eighteen mouths’ imprisonment with hard labor. STEALING FROM THE PERSON. Kate McDonald was charged with stealing a silver watch and chain from Henry Hodsou. Mr Haggitt. the crown pro-eoutor, stated the case. From the evidence of the accuser it appeared that be accompanied t .e nrisouer to her house, a brothel, and there she robbed him of bis property. She denied having done so, but information having been given to the police, the watch was found concealed in a closet. The jury, without retiring, found the prisoner guilty. Un being questioned she said she was 24 years of age. His Honor, in passing sentence, remarked that although the prisoner had not been previously convicted before the, Supreme Court she had been eight times convicted of drunkenness, three times for abusive language once for habitual drunkenness, once for disorderly conduct, and once for wilfully damaging property. It was evident her conduct had been most reckless and disgraceful. He trusted during the term of imprisonment she would endeavor to correct the tendency to crime. The sentence of the Court was that she l>e imprisoned 18 months, with hard labor. ASSAULT. All Cbeong, a Chinese, was charged with assaulting and wounding Robert Scott, with intent to kill. There were _ throe other counts, charging him with minor offences. Mr Barton, with him Mr M ‘ Keay, appeared for the defence. The Crown prosecutor stated the case, from which it appeared that Scott is a miner, and at the time cf the offence was Jiving at Tinker’s Gully, where, ou the 11th February a man named Morgan sold some pork to a Chinaman, and cheated him in the weight. The Chinese took it back and demanded the return of the money, which, being refused, a disturbance took place, and an attack was made upon Morgan. Scott interfered to protect him, and was struck by a long bandied shovel, which cut his elbow to the bone, and by another blow bis arm was broken. Scott, in his evidence stated, that on the row taking place, the Chin-se came by half-dozens and half-scores, with picas and shovels. The prisoner was armed with a shovel, and aimed a blow at Morgan, apparently intended to cut his throat, ou seeing which, finding it necessary to interfere, he was wounded as described. The disturbance took place on a Sunday. Scott stated that on the following day he accompanied the police sergeant to the Chinese tents, and pointed out a man as the assailant, who, however, he was aft rwards convinced was not, and that the accused was arrested in the Court House at Blacks. Dr Niven described the wounds, which were a contused wound on the arm, and a simple fracture. The counsel for the defence declined to call evidence. The police sergeant, M’Cann, being called, said that on going with Scott to identify the man who assaulted him, he pointed out two, for one of whom he obtained a warrant for his arrest, hut neither of them was the prisoner.—Found guilty ou the fourth count. Sentence deferred. Thomas Hewsou pleaded not guilty to a charge of stealing from a dwelling. J. T. Hartley charged with horse-stealing pleaded guilty. Sentence deferred. WOUNDING A CHINAMAN. Frederick Morgan was charged with ranlawfully wounding Ah Lott at Blacks, on the 11th of February last. Mr Haggitt appeared for the prosecutor ; Mr Stout for the defence. Mr Haggitt, in opening the case, said prisoner was a butcher, residing at Drybread, near Blacks, and took his cart with meat to the Chinese camp. Prisoner sold the Chinarqen some pork, and a dispute arose about the W'-ight, on which prisoner struck Ah Lot with a long handled shovel on the head, inflicting a serious wound. Ah Lott, whose evidence was given by an interpreter, sai l he was a miner. Prisoner came to him at with pork to sell, and he brought 3G!bs. He doubted it being sufficient weight, and asked another Chinaman to weigh it, and found it short by 201bs. The meat was again weighed in a European’s scales, and found to be only 3(111)3, Witness subsequently saw prisoner and wanted to weigh the moat in Lis own scales, hut prisoner would not let him do so, and there was a struggle between them. Prisoner struck another Chinaman who was with him with the scales, and hurt his head. He also got a shovel and struck witness on the head and side, at the time witness was seeing to the other Chinaman’s wound. A fter he was struck he lost his senses, and the first thing he recollected was being taken to the front of the store, and his wounds being dressed by a doctor.

(Left sitting.)