SUPREME COURT.

Globe, Volume V, Issue 562, 6 April 1876, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. Wednesday, April 5. (Before his Honour Mr Justice Johnston.) LARCENY OF TREES The following is the conclusion of this case from the time of going to press yesterday : William Steere deposed to having bought half an acre of ground, part of Mr William Wilson's garden on the Ferry road, on which there were a number of trees and plants quite small. Witness gave Leigh permission to take what he liked of them ; there was a great quantity of seedlings of sycamore, of which Leigh took a large number. This would be about August last. Andrew Duncan deposed that he was acquainted with the mutipo, cordylina indivisa, and abies Williamson.i. The dracen<& iudivisi was not the same, that was the cabbage tree. Witness had grown the eordylina indivisa for ten and also had grown abies iVilliamsonl. Witness had seed of this latter in 1872, and raised plants of it. John Greenaway deposed to haying had dog roses growing in his garden in quantities. Archibald Stewart gave evidence as to having grown the cordylina indivisa from seed obtained on the Peninsula for some six years. George Cooper deposed to having seen seedling conifers in the garden of Leigh in October, 1874, This closed the case for the defence. Mr Joynt then addressed the jury. Mr Duncan having replied. His Honor summed up, and the jury returned a verdict of “ Not Guilty.”

The prisoner was then indicted on the second indictment, [charging him with having stolen certain boxes of plants, flower pots, kc. The prisoner, who was defended by Mr Joynt, pleaded “ Not Guilty.” The Crown led evidence in support of the indictment. Mr Wm Wilson deposed to having lost a box of Chinese cypress>(the one produced in Court), several pots of geraniums, kc, articles corresponding to which had been found in possession of the prisoner. The Chinese cypress was a comparatively rare plant in Canterbury. lie identified the box and the plants as his property. The flower pots were made specially to his order by Messrs Austin and Kirk, and no one had pots of the same character. Mr Joynt called evidence for the defence. Cornelius Dyer deposed that he knew the box produced. It was his; he bought it in 1873 at a sale of effects in re Walker, deceased, containing tools. The prisoner told him that he had taken the box to put plants in, and he saw the box outside witness’s house for a long time with plants in it. The plants were similar in appearance to those produced in Court. The plants were put in it about three months before October, and remained at witness’s house until Leigh left. On cross-examination by Mr Duncan, the witness stated that he could swear positively that Leigh planted the trees on his land. He had told Mr Wilson that there was no use his giving evidence in the Magistrate’s Court because Leigh had not planted any trees on his land. He had said this because he did not wish to see the prisoner convicted. Cornelius Dyer, junior, deposed to there being an old box about his father’s premises used for putting feed into the horse's manger. It was there for a little over two years, and then Mr Leigh had it and transplanted trees. The box produced in Court was the one. He could swear to it. Andrew Duncan deposed that the ciipressus funebris was a common plant in Canterbury. There was one at Boon Hay 25ft high, from which seed had been gathered for the past seven years. The plant was easily propagated either from seed or cuttings. He had himself sold a large quantity of plants, Mr Joynt having addressed the jury for the defence, and Mr Duncan replied, The jury, after a short consultation, returned a verdict of “ Not guilty.” The prisoner was then discharged. REGINA Y BOURGEOIS, la this case, in which the prisoner, who is charged with forgery, has demanded a mixed jury, His Honor said he wished further to consider this case, and to consult his brother judges in the matter, as it was one of considerable importance. If it was held that Bourgeois was entitled to a mixed jury, he would instruct the sheriff to summon a half jury of aliens, and the case might be taken next week. However, the Court would sit at 11 a.m. on Saturday for the purpose of announcing the decision, and a jury might be empannelled for the case, to be tried either on Monday or Tuesday of next week. The Court was then adjourned until 11 a.m. on Saturday.