SUPREME COURT.

Globe, Volume XXIV, Issue 2496, 6 April 1882, Page 3

SUPREME COURT.

Wednesday, Apbil 5. [Before his Honor Sir James Prendergast, Chief Justice,! ASSAULT. In the case of P, O'Shanaasy and Jno. Sellar, indicted for assault, the Crown Prosecutor said that the police had been unable to find one of the principal witnesses for the prosecution named Chudleigb, and applied that the accused might be required to enter into recognisances at next assizes. His Honor said the application must be supported by an affidavit, and therefore it would have to be renewed at a subsequent stage. The Crown Prosecutor said it would be impossible for him to go on with the case without tho witness Ohudleigh. CONSPIRACY. James Wyvill and Alfred Simpson were indicted for conspiring to defraud their creditors, . They pleaded “ Not guilty,” and were by Mr Holmes. Mr Stringer conducted the prosecution on behalf of the Crown. Mr Holmes took a technical] objection to the indictment. Thuhsdat, April 6, [Before bis Honor Sir James Prendergast, Chief Justioe,] His Honor took bis seat at ten o’clock. ASSAULT. In the ease of Patrick O’Shanassy and John Kellar, charged with assault, Mr Duncan, the Crown Prosecutor, stated that ho could not proceed in tho absence of the proseoutor, and applied that the accused might be bound over to appear at the next session of the Court. Mr Duncan filed an affidavit by Constable Robert O’Neil, which set out a conversation between the prosecutor, Bichard Chudleigb, and himself, in which the former told him that the prisoner O’Shanassy had offered him money to absent himself from the trial. Constable O’Neil also stated that he believed the prosecutor had purposely absented himself.

Mr Holmes, who appeared for O’Shanassy, and Mr Wilding, for Kellar, applied for permission to file counter affidavits, which was granted. Mr Holmes submitted a joint affidavit by Patrick O’Shanaisy and bis wife, and a separate one by John McNamara. The former denied the allegations sustained in the affidavit of Constable O’Neil, and affirmed that the prosecutor Chudleigb admitted that he had sworn falsely in the lower Court. McNamara stated in his affidavit that Chudleigb came to him in Christchurch and asked him to lend him money to take him away, so that he might not be present at the trial, as he was more in fault than O’Sbanassy. Mr Duncan read an affidavit by Henry,Wm. Felton, sergeant of police. Mr Wilding, on behalf of Kellar, urged there was no reason why he should be kept longer in suspense, whatever might be said in regard to O’Shanassy. The prosecutor not being desirous of proceeding there was no reaeon why, as far ss Kellar was concerned—who was not accused in any way of improper conduct in regard to the absence of Chadleigh, and who took a very unimportant part in the row which took place—tho case should proceed any farther. His Honor thought that under all the circumstances, the application of the Crown Prosecutor was not an unreasonable one, and the defendants would have to enter into recognisances to appear next session— O'Sbanassy in one suroty of £IOO, and himself £100; and Kellar one surety of £SO, and himself £SO.

CONSPIRACY. His Honor gave judgment on the point raised in the case of James Wyvill and Alfred Simpson, charged with conspiring to defraud their creditors.

Mr Holmes, for the accused, applied on the previous day to have the indictment quashed on the ground of material omissions.

His Honor now said bis impression was that the indictment was bad, and that the averment, which had been omitted, was material. Bat afcill the question was, perhaps, open to some doubt, and if the application to quash the indictment only came from the accused, he would not grant it, but leave them to take the objection afterward in arrest of judgment. If the prosecutor asked him to do so, he would quash the indictment. Mr Stringer, who appeared for the Grown, said that if no amendment of the indictment could ho made, he would apply that it should be quashed. Hia Honor said he could not allow an amendment, and quashed the indictment. Mr Holmes applied for costs, which were not allowed. The accused, who had been admitted to bail, wore called up and discharged.. This concluded the business of the session, and the Court adjourned. dunedin! April 5. To-day, at the Supreme Court, James Henderson was found guilty of forgery ; sentence was deferred. The other cases were of na importance. Much merriment was created in Court by the answer of one witness. A woman being interrogated as to her present residence, she smilingly answered, “ I live with Mr Caldwell.” Mr Caldwcdl is the chief gaoler. Three cases remain, one being the Queenstown arson case, which will be taken next Wednesday.