SUPREME COURT.

Evening Star, Issue 3936, 6 October 1875, Page 2

SU PREME COURT.

CRIMINAL SIT i'INGS. W dnesdat. October 6. (Before his Honor Mr Justice Williams and a j < V mm.>n Jury,) ! SENTENCE. _ Hfivd/mtche on, alias Germa- - harlh (27), indicted with burglariously ell ering the dwel ' ling bouse of George Henry Barnes, London , street, and convicted of simple larceny only , was brought up for sentence. I Prisoner, in answer to the usual ques'iou. denied that he had commit-ed the off-nee, and asserted himself to be as innocent is the >uj promo Being. Had he chosen to summon some la.des, ill whose corng ny he b d he n as wi - , nesses, lie could have | r >ved an alibi but he : would scorn to bring them into l 'oui t. I He was sentenced to three years" in.prisoui meat with penal servitude. AUSON, Robert Hunter (on b.il), w is charged with having on July 24, fe onioudy, unlawfully, | and maliciously set firo to a house at Shag | Valley, in possession of Ah Citing and oth r ■ Chinamen. Air Stout and dr Caumiore ap i pcared for the accused, who pi aded not . guilty. . The case for rhe Crown was :Ins : Piomi cutors Were a party of Chinamen who resided at Shag Valley, where hey bad a gold mining cl.im and were working toge her. They did not appear to have bad any quarrel or misunderstanding with i lie prisons until Ju’y ’3, on which day , risoner went to the hut occupied by be Chinamen, pulled off a portion of Urn roofing, and left it iu that state. The Chinamen at this time were absent On the following morning prisoner returned to the hut at about six o clock, and tore up some dry grass, set tire -o it with a match, and ilnew it on the roof of the hut. 1 that time all the ('hinamen, with the exception of two, wore in bed in the hut, and had all their prop it.y there, itv. rything was destroyed, and the m*n barelyescaped with their lives. Oue of die - huumen (Ah Chea) who wasoutsi e-vt the time,sa* prisoner set fire to the hut and gave tin- aL m. Prisoner did not < eny the (fence, but i <thcr appeared to gloiy iu it. When ouestiomd by the arresting poli-em.m prisoner said n thing was the matter with the Ch namen, but he must root them out of the nl.-e Ho said he had taken a box of o atol.es out of his pecker, and set fire to the roof of t he t hi i.in.e.i’s hr , es they had been »huiv ]..ug . i oimh 1. h- • wi tiie--i-.es Were vx-mineo : Ah he, Ah L'i.-tr, Ah ( him and Constah e Walnrs. Mr Bh.witt acted s inter, mer. ]N T o witnesses u ere called foi th- da'ence. and Mr Stout submitted that tin, c,«e did rot require many remarks Lorn him, it being o-ep. whii.li the jury' could not consislf ni.ly wi hj uh< evidence yiven find a verdict ut gniby ag..i.;.,t the prisoner. Two counts were charged in the indictment against the prisoner—that he feloniouslv. wdful v, and mal cioiiMv set lire to th. dwelling-house of the seven Chinamen, tiv. then iHung .a the hut ; and secondly, th .L he nnenoed to mjuie the five hj name.. In-nL and aliegi..g t. at the house belonged lo 'h* men. He m-ght m.-.ke the >je. .-.ral . emark that, in case* wlice thine was a dis. n-e as to ownership of property, the aggrieved parh.ea ins eati of seeking redress bv means of a civil tribunal, continually rush to a police man, and nave a criminal suit brought ugaius-. the p.u-ty Lilia was olten done in cases with cattle, where they strayed oo to auolh- r iuaii’projKut\ ami were detained by him. Jn such C;ses there could be uoc- nviction, ihe teUmious intent being warning, although the pn.pertv eould bo recovered by acivilaction ; 1 .. e ! Ui now before the Court was analogou- to rue ■ cases. Tne hut belonged to prisoner, and if he iiitrl meruit to injure tne OliiijHiueu, uh hlu* in tne first emm of th. in-Uctamr.t, ■ ou!d he not have secret, y -et, fj, e :o th* place at night, and not in broad daylight when the men woe .-.bout? j] p isoner wished to do was to g t t ,| io ' inen off his property. To do so he fn*t pulu.i rhe root off the hut. b m , finding ibis mea g mtffecuial, he war, eel the occupants , f his in tendon by getting two of the number out of tin house, ami then set tire to the roof m He v. ra; piacus. The Chinamen must hj ive knowi they were B trespassing on prisoner's piopeity, otherwise they would 1. w taken Proceedings against prisoner, who was a ;min of consul, i able means, f.n d.-st. o yiu., their hut. by .e moymg the roof. )| e submitt., d that the jur. could not c-o’-vict o;i tile evidence adduced, and C'luh-kiitly left the case in their hanJa His donor, in sununin.: up, said that tin fact of the Chin.imeu being two ycosin 0.-cu padon of the > ip, alth u-gh they- were in po.-«e.-.sion ryumgfu'ly, w.,s sufficient to constant - tiieir being in posse sion as stated m the m.bet ment. What tl-c jury ha 1 io be satisfied with under the first c- nut was that pda ner wjlfuip, ■iid the act lie was clung, d wiih, t.e , that he did an improper »cl without any lawful excuse, that the Cl inann.ii were in the place when i was s-..t fire to, and that the hj use belonged to them. Und.-r the second count they would have to find m ihe same

wuv that prisoner wilfully and without a re&s inablo - sense, set lire to the house, with intent to injure the parties within, and of coarse the intention to injure must be judged by priso.iei’s conduct. There was the evidence of 'h lie that lie and other t.binamen. who •vere mites, had coupled the limi-e for two ■’ m ; 't-ud if tin* j ,r\ u.ov ; ati-lied -s i.o the ocfi.pat mi, the s -ii,i meut o' po sesdou, laid in l ue >ndi--t, merit, was sufii- i.-ut, P isouei wa- found gudly and-r the fi'Bt Co ii', wiiii a rec MiiujeiidH i ii. in uieicw Seuli I,C.- was hj. fe; hl.