SUPREME COURT.

Gisborne Times, Volume VI, Issue 206, 6 September 1901, Page 3

SUPREME COURT.

TBefore His Honor Mr Justice Conolly.] The half-yearly session of the Supreme Court commenced yesterday.

GRAND JURY. The Grand Jury was as follows : —Mr James Macfarlane (President), Captain Winter, Messrs Alfred Dewing, H. M. Porter, John Clark, F. T. Morgan, Chas. Gray, E. H. Featon, W. S. Lunn, A. R. Muir, G. R. Wyllie, Gwalter Palairet, Vincent Pyke, Charles P. Browne, D. Morice, A. F. Matthews, R. H. Mason, J. B. Kells, A. F. Kennedy, W. 3. Sherratt, M. McCredie, G. A. Beere, G. Grant, AV. Pettie. Messrs J. B. Kells and Hamilton T. Jones did not arrive in time, but were excused. In his address to tire Grand Jury, His Honor said:—“ Your labors on the present occasion will be very light indeed. I am happy to =ee since I was last here that there have only been three committals which were considered of sufficient importance to be brought before this Court. In two of these cases tho prisoners have pleaded guilty under a recent statute, which provides that when they plead guilty in the lower Courts before a Magistrate they may simply be sent to this Court for sentence. This saves the Grand Jury the trouble of going through cases where the prisoner has admitted his guilt, and also saves an immense expense to the country in bringing witnesses from a distance. Therefore, the only case before you to consider is a i charge of rape against a Maori upon a I Maori woman, and this charge appears to 1

me a very clear one indeed. The man entered the whare or house in which the woman was sleeping and committed his assault upon her. She resisted all she could, and he only half succeeded in his purpose, but that is sufficient to establish the crime of rape. The woman was aware of the identity of the man, hut in addition to that the prisoner, after being in custody, asked for paper and wrote a statement in which lie practically admitted what he was charged with. I think you will have very little difficulty in this case, but it is for your consideration.” A true bill was found in the only case for the jury to consider.

COMMON JUItY

The following gentlemen answered to

their names:—Messrs John Kay, A. Townley, R. Bach. \V. J. Quigley, 11. AlcKay, D. P. Cameron, A. J. Barber, W. 11. Crabtree, Vincent Barker, B. Cox, R. Bryant, William Cooper, 11. J. Bushnell, W. A. O’Meara, James Harris, W. J. R. Gaudin, Adolph Hansen, A. J. Hick, IT. Currie, W. 11. Smith, 11. Sunley, G. E. Bull, J. W. Mackrell, Andrew Somervell, W. B. Willock, G. F. Arden, F. Parker, J. Doleman, G. Rowley, 11. Wilson, E. Wilkinson, T. Dalrymplc, AV. C. McLean, J. Davitt, A. Sharpe, and E. V. Featon. KOHGKHY. Hugh Boyle, who had pleaded guilty in the lower Court to an attempt to forge a cheque, was brought up for sentence. Mr Lincoln Rees applied that prisoner be released on probation, and called Mr AV. 11. Clayton, in whose employ the prisoner was when he committed tho offence. Air Clayton spoke very highly in favor of tho lad. His Honor said it would not be necessary to call other witnesses, as he had before him the ropoit of the probation officer, which was also very favorable. His Honor then admitted tho prisoner to probation for twelve months, conditionally that he paid the cost of the prosecution in monthly instalments of a pound each. His Honor said “I am very sorry to sec you in your present position a young man, a boy I might almost say, previously of good character, who has committed not only such a wrong act, but an extremely foolish one, as to forge, or attempt to forgo, the signature of your employer, and also attempt to pass it oil’. There was a certainty of detection, because the bank would detect the forgery at once. It was a very unfortunate thing. You are very young, and I hope tho position you have placed yourself in by your foolish act will be a warning to you in future.”

SHEER STEALING

His Honor, on the application of Mr Lincoln llecs. counsel for prisoners, agreed to reserve judgment until 10 o’clock this morning in the case of James Gilman and Bene Warn, who had pleaded guilty to sheep-stealing.

.V HAD CASE

A strongly - built, intelligent • looking young Maori named Hoke Tawere, was indicted on a charge of carnally knowing an elderly woman, named llawiuia Tanetau. Mr Nolan, Crown Prosecutor, conducted the prosecution, and Air AAL Douglas Lysnar defended tho accused. The following jury was empanelled : AY. A. O'Meara (foreman), J. Davitt, T.

Dalrymple, 11. J. Bushnell, H. Sunloy, I). 1\ Cameron, K, Bryant, AY. H. Crabtree, V. Barker, E. Wilkinson, A. Townley, AY. 11. Smith. The following were challenged bv Air Lysnar : —B. AAA Cox, AY. C. Ale Lean, AY. Cooper, H. Currie, J. Doleman, AY. B. Willock, A. Somervell. The evidence for the prosecution was that a man had gone into the woman’s wharc when she was sleeping, late at night,thrown a blanket over her head,and attempted to commit the offence. The woman informed the Native policeman, but could give no information as to her assailant, it being dark and the man taking care not to let his voice be heard. The policeman at Tuparoa, Ahipenc Alika, examined the footprints, and suspected the accused. The latter at first made a denial, but afterwards, in the hope that he would simply be fined by the native committee, gave a written statement admitting his guilt—so the policeman deposed, lie said Rawinia had come to him and complained that she had been assaulted. Rawinia said she could not tell who it was, as it was dark, and she was partially blind. AA r itncss made inquiries at the house, and on seeing tracks it struck him at once whose they were. Ho followed the tracks up to the settlement where prisoner lived. AVhcn questioned, Hohe stated he had been looking on at a dance the previousnight, and had returned by the public road. AYithout witness previously mentioning Rawinia's name, prisoner said, “ I did nothing wrong to Ilawinia.’ AA itncss took prisoner and compared his feet with the footprints, which fitted exactly.. AVitness arrested Ilohe, and when nearing the lockup the prisoner said, “ Let me pay outside for my action towards Rawinia,” offering three or four horses, or more. He then made a written statement. Admission of statement objected to. AYitncss had told accused to make a i written statement, and go to the meeting- ! house and publish it to the other natites there. It was a Alaori custom to condone offences by payment of horses, but witness was a man of law, and had nothing to do with native customs. Prisoner had ! made the offer to prevent arrest. A\ itness j W as only ti police—the Judge fixed the j pavment. He did not write in his pockotj book what prisoner had to say, and ask him so sign it. There was no further conversation afterwards, and witness arrested the prisoner. Bv Air Nolan : It was prisoner’s own wish to write the statement, as he did not want to be arrested, and it was to bo read before the assembled people. His Honor: If a thousand people saw it. the piece of paper did not become any more valuable. His Honor then heard counsel on the question of the admissibility of the written statement, and after argui ment upheld Air Lysnar's content' oll ! j . and rejected the statement. His Honor i held that it would be very dangerous, and i not at all conducive to justice, to admit ; the confession. It appeared to him, from 1 the manner in which the confession was : made, that it should be accepted with s caution, He supposed theprisontr did not 1 know any more about English customs • than most Alaoris. The accused had i, offered Rawinia compensation under the t impression that he would not be locked o up. The prisoner wrote the statement to e save li rnself from the lockup, l. The rejection of the statement practically disposed of any evidence ■ tor the prosecution. " Further evidence was called, and addresses given, and after a retirement of nine minutes, a verdict of acquittal was