SUPREME COURT.

Globe, Volume XXII, Issue 1988, 8 July 1880, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. The following cases were disposed yesterday after we went to press:— ABSOK. Jems "Wilson pleaded " Not Guilty" to two charges af arson, alleged to hare been committed on March 24th. Mr Loughrey, with him Mr Stringer, appeared for the defenoe. Mr Duncan having briefly opened the case, called the following evidence : Constable Wheatley, who deposed to the position of the burning stacks, and the number of them. On cross-examination by Mr Loughrey the i witness said that he had not heard that the hut on Wilson's property was occupied by swagmen. The weather had been very severe, but not so much so as to flood the rivers to a dangerous state. Witness crossed though never having been over before. He never heard that Wilson was threatened because he was an Orangeman, nor did he know that Wilson's brothers had to seek police protection at the time of the Christchurch riots on account of their having taken part in the procession. His Honor complimented Sergeant Wheatley on the admirably clear manner in which his evidence had been given. Detective Benjamin gave evidence as to conversations with the prisoner on the subject of the insurance of his stacks, &c. In cross-examination by Mr Loughrey, the witness said he knew nothing of statements in the district that the stacks would be burnt because he was an Orangeman. John Dunphy deposed to seeing two men go into the paddock of the prisoner on the evening of the fire, abeut six o'clock, and shortly after this he saw three distinct fires amongst the stacks in the paddock where he had seen the men go in. On cross-examination by Mr Loughrey the witness said he could not cross the Ashley that night with a load. Patrick Kavanagh deposed to seeing three distinct fires in tie direction of prisoner's farm on the night of the 24th. In cross-examination by Mr Loughrey, the witness, after a little fencing, said that his crop had been burnt. It was barley, and averaged about fifty bushels to the acre. George Alloway deposed to seeing two men ride past his farm in the direction of the prisoner's farm. This waa about four o'clock. About eight o'clock he saw three groups of fires in a north-west direction from his place. This was in the direction of prisoner's farm. In cross examination by Mr Loughrey the witness deposed that the land of the prisoner should yield about 40 bushels to the acre all round. Adolphus Moore deposed to having a lien over the crop of the prisoner. J. A. Bird deposed to the effecting by the prisoner of an insurance for £450 on his stacks. James Wallace and David Brown gave evidence as to the probable average yield of the crop of the prisoner, which tbey put down at about 20 or 25 bushels to the acre all round. This dosed the case for the Crown. Mr Loughrey proposed to call witnesses as to the time the prisoner reached the Oust Hotel. His Honor pointed out that this was really contradicting the statement made by the prisoner, who stated himself that he was on the farm at six o'clock. John Retallick, licensee of the Oust Hotel, deposed that the prisoners Wilson and Major came to his house at about seven o'clock, and remained till about eleven o'clock. Julia Retallick corroborated the statement of the last witness. Wm. Major was called, and prior to giving his evidence was cautioned by the judgp, as a charge of arson was pending against him. He stated that Wilson and himself arrived at the paddock between five and six o'clock, and stayed for about ten minutes. "Wilson did not leave witness. He did not get off his horse in the paddock, nor did he go near the stacks. Alexander Johnston gave evidence as to the yield on Wilson's land, deposing that the crop was a good, fair average one—the barley averaging 40 bushels, the oats 50, and the wheat from 25 to 30. William Macdonald corroborated the evidence of the former witness as to the quality of the crops of the prisoner. Mr Stringer was about to address the jury at the close of the case for the prisoner, when His Honor said that this was an entire alteration in the mode of conducting the business of the Court, and was an innovation which would not be tolerated for one moment. Mr Loughrey was the senior counsel, and Mr Stringer as junior counsel could not now address the jury. Mr Loughrey then in a very eloquent speech submitted that there was no case to go to the jury at all. His Honor summed up, and the jury returned a verdict of " Not Guilty." Mr Duncan then entered a nolle prosequi in the case of Major, who was indicted for the same offence. Thttbsday Jdxy 8. [Before His Honor Mr Justice Johnston.] The sittings of the Court were resumed at 11 a.m. PBBJCBT. Henry Davies, who had been found guilty of perjury, was brought up for sentence. Mr Loughnan called evidence as to six years' good character. His Honor said he was willing to take the evidence as to character into consideration, and would sentence the prisoner to twelve months' imprisonment, with hard labour. SHEEP SIBAXING. Benjamin Carry was indicted for having stolen three sheep, the property of Mr Took. The prisoner, who was defended by Mr Stringer, pleaded "Not Guilty." Mr Duncan conducted the prosecution on behalf of the Crown. At the close of the case for the Crown, Mr Stringer submitted that there was no case to go to the jury. His Honor ruled that there was. Mr Stringer then called evidence for the defence. Mr Hoare depoeed that the prisoner was his mcnager, and that his run adjoined that of Mr Tooth. He himself had lost some 1300 •hoep during the twelve months he had been in possession of the run. He told the prosecutor's shepherd when mustering that if there were any of his sheep amongst those of witness's he should take them out. The general character of his neighbors was that they kept more sheep than they could feed, and put them on his run. On cross-examination by Mr Duncan, the witness said that there was no one assisting Corry in May last. Mr Stringer addressed the jury, contending that there was not the slightest evidence to go to thorn connecting the prisoner with the stealing of these sheep. His Honor having summed up, the jury retired, and, after a short absence, returned a verdict of " Not G-uilty." CATTLE STEALING. Q-naham Flowers was indicted for having, on the 23rd June, 1879, stolen certain cattle, the property of George Walker and others. Mr Stringer defended the prisoner. Mr Duncan prosecuted on behalf of the Crown. The particulars of the caße have so recently been before the public, and been so fully reported, that it is not necessary to reproduce the evidenoe. At the close of the case for the Crown, Mr Stringer addreeßed the jury, contending that the prisoner, whilst taking lac cattle, had done so without any felonious intent. His Honor summed up. The jury, after about three minutes' consultation, returned a verdict of " Guilty." Hia Honor sentenced the prisoner to penal servitude for three years, remarking that it was one of the most deliberate cases of cattle stealing he had over heard of, and it was an offence- that mutt be put down with the strong hand. In discharging the jury, the Judge thanked them for the efficient way in which they had discharged their dutieß during a very interesting session. This concluded tho business, and the Court adjourned to Monday next at 11 a.m.