SUPREME COURT-WESTLAND DISTRICT.

Grey River Argus, Issue 81, 19 July 1866, Page 3

SUPREME COURT-WESTLAND DISTRICT.

(Before his Honor Mr Justice Gressori. [Abridged from the West Coast Times.] - The' second criminal sittings .of the Court commenced on -Monday.- The following ■ gentleman were sworn of the Grand. Jury;: — . Messrs Mark Sprot (foreman), J. K. Anderson, AMrich, Bartlett. T. L. Bright, Bonar, M. Cassius; J; Connelj T. Clarke, J. Craig, "W. Fisher, J. Hall, & Price, Haughton, A. Mowatt, J; Millar, J. C. Millard, W. M'Kay, S. Pizzy, j. Spence, B. Taggart, It. Ecclesfield. JJpon resuming their seats his Honor .addressed them in the following charge :— * Mr Foreman, 'and Gentlemen of the Grand Jury of the TjVestland I>istrict — It gives, me , pleasure to be able to' congratulate you on .^the improvements that have been made the last six months in this towti, and tin principal approach .to" it by land. The number of buildings is much larger ttian it •was, and- there is a marked improvement in their style and character, so that the'place begins to assume the appearance.of a city, -. rather than of a canvas town. lam siuv » ■ prised, moreover, at. the expedition and comparative ease and security with which the journey from Ctiristchurch was accomplished. I cannot speak with so much satisfaction of the progress that has been made with the new gaol. find that is in.a very unfinished state, and that the old log huts, which werei so universally condemned six months ago, ara still used as a prison for debtors as well 1 as criminals. Gentlemen, w.hen I was here in January last, I expressed my conviction that the machinery provided lor the -ad-. * . ministration of justice for this district would be found wholly insufficient, more especially as regards matters in bankruptcy. Experience has fully justified ray conviction. The operation of the Bankrupt Acts in this • district has been especially unsatisfactory.; \ advantage has been taken of the distance'of - the residence of the Judge from the locality where debtors and property were 'situate. . The distance between the residence of the Judge^and that of the Registrar for the district, has also been a source of embarrassment, expense, .and delay ; and the result . - - has been, I fear, to open a door for fraud "and perjury, while creditors derive little or. no benefit from the" estates that are ■ administered by the Court. I am aware that it is easier to point out the mischief than to suggest .a remedy'; of ' this, however, lam convinced, that no administration of the bankrupt law .can be satisfactory which is not uniform throughout ' .the colony ; and that 'if ..it .is to be administered by the Judges, rules and forms for its ..-, administration ought to be framed by them if in conference, after careful deliberation. Gentlemen, the calendar is heavy, comprising manslaughter, burglary, robbery, rape," stabbing, forger}', aggravated and common assaults, riot, obtaining -property by false pretences, horse-stealing, embezzlement, larceny, •**• and escape. You are aware that manslaughter is the unlawful killing of another without malice ; but homicide does not necessarily amount to nmrder or manslaughter. It may be Justifiable homicide, as for example, when the proper officer executes a criminal in conforoiity with his sentence, . or it ulay be excusable, as when a man upon a sudden encounter kills another in defence, of himself, his wife, child, parent, or servant, i^fj^cn in defence of his property, if the person killed be attainpting to break open his house «with intent to rob or commit some „ <>ther forcible aiid atrocious crime In the case to come before you, gentlemen, you will have to consider whether there is satisfac? Tory evidence prima facie. First, that the deceased was killed by the prisoner. Secondly, if you should be satisfied that '■- „Jie was, as I think you prola'dy will; whether the facts appearing from the evidence adduced by the Crown bear out the. ' prisoner's statement ; that he\ acted, only in self defence, Bujjposing it should be proved that the Jiomicide was committed by the prisoner while repelling a violent attack upon And breaking of his house by the deceased and several others, the attack being made in the dead of night, after deceased had been quietly removed ' from the house, and after threats by him and his party that they would pull it down. I will read you an extract frouji a book, of authority, on this" subject. _ - "Tf B enter into the house, and A, having first requested him to depart, gently lay his hands itpon him to turn him out, and then B> turns upon him and assaults him, and B then lulls him it will be se defendendo (self-defence), supposing that he was not able by othermeans to avoid the assault or retain his lawful possession. And so it will be if B enter /.upon A and assault him first, though not intending to kill him, but only as a trespasser to' gain the possession ; for in such a case if A thereupon kill B it will be only se defen-^ (Undo (self-defence) arid not manslaughter." Gentlemen, a riot is a tumultuous disturbance -of the peace by three or more persons assembled or their own authority, with an intent to assist each other in the execution of some enterprise of a private nature, ' and Actually executing the law in a violent nian- ' ncr to the terror pf the people. In order to findvA true bill you must have satisfactory evidence of the presence of the defendant in the crowd, of the fact of the unlawful assembly under circumstances calculated to inspire terror, and with intent to do a particular act of a private nature,' or confined to a particular district ; but it need not be ■an act of itself unlawful. You must also be satisfied of the actual execution of the act intended, for if it were only designed, and not carried into effect, it would not / amount to 'a riot, but only what in law is , , termed a ront,> It is pot necessary, in iorder to constitute a riot that personal violence should have been committed, - If sufficient force be used to terrify a"" single person it is sufficient. ' There are several cases: in the calendar of persons accused of obtaining pro-, perty undertake pretences; uv order to justify you in bringing true bills in. such • .cases you : must have satisfactory' evidence ' that the defendant in each case fraudulently represented as an existing fact ; and that it ; was by means of such, false representation that the owner .was induced to part with his property. It is not necessary that the false pretence, should be in words. - The false representation^ may pe^. made in acts as, for example, -by giviug in payment of the- goods obtainedf-n~cheque of the' defendant upon a bapker with whom] he ..•..never ■.•had' an account.'- .': 'ln^the embezzlement ''leases '-you - must have, satisfactory evidence, that the' defendants were clerks or -servants in the employment of :'• their? masters, -r and: that ! they received the mtoey by /virtue .of such I employment and that they' embezzled it. Jn such cases the difficult part of: the .proof usually is that the acts of thi defendant amounted to embezzlement,.. It is not suffito show mere nonpayment, a refusal defendant to account for the money, or accounting. for it falsely, or. falsely denying that he has received it, will amount to em. bezzlement ; . Vut if there be notime fixed for' Accounting, no concealment or denial of having received the money, his merely not accounting wjll not amount to embezalement amless the omission to account be under cirr cumstances from which.' you can find The one other, observation with .whjch 1 think it necessary to trouble you is one which has a bearing upon one of the charges which is to come under your notice, I wish you to bear in mind that any alteration of a genuine instrument in a material part, whereby a new

operation is given to it, < with intent to defraud; amounts to forgery. , Gentlemen, if ~yoii will now be so good ae^o retire to : your rcom, the bills will be sent to you with all convenient despatch. . '.■',■ T^ie bills against the several "prisoners having .been presented to , the Grand Jury they Retired, and after a short absence the foreman entered, stating that the jury had found a true bill against. John Ridley. This enabled his Honor to proceed with, the business of the Court, /'- ' EMBEZZLEMENT. -John" Ridley (25) pleaded guilty,- and was' sentenced to 12 months' imprisonment with hard labor. • c " • .'•; . . LARCENY. . Margaret Ashton, charged with this offence was discharged," owing to the absence of a material witness. - . t.. - AtTEftiNO A CHEQUE »'ITH INTENT TO . . DEFBA^P, . , . : William Dutton Green (1^) pleadedguilty, and was sentenced to 18 wonths' imprison, ment with hard labor. .. LARCENY AT OBEYMOUTU:. Henry Moore and Louisa O'Brien were charged with having stolen a box of clothing and other articles, the property of a Mrs Wise. The following is the- evidence of the prosecutor. ; > .Susan Wise sworn, said she remembered the 3rd April last. She was then residing in Weld street, Hokitika. She knows the prisoner Henry Moore, and had done so for three weeks before he." stole the box. She left Hokitika oifEaster Monday, for Greymouth ; prisoner Moore accompanied her. She went by steamer- Witness paid the passage of the .female prisoner at her own request. : They arrived at Greymouth, towards the evening. Witness had left her box of clothing in her possession when she left Hokitika. ■ When she reached Greymouth she did not see her, box . She missed her box '■ about ten " o'clock at night. Prisoners were not present when she missed it. She could not state as to all that she had in her box ; .she could mention some articles. She had twelve yards of cobourg cloth, , nine yards o£ flannel,' cut in three pieces (flannelproducedandidentified),four unmade chemises, and twelve yards calico sheeting ; the sheeting produced is *TT itnej s's. She h.ul also t .venty yards 'of various ribbons - (witness here identified two pieces produced.) There were several neckties, two or tlnee peticoats, some jumpers, j and also childrens' clothing (articles, includ- ! ing tent) blankets, andwatch-ehain, produced in Court, and identified by the witness). She could not swear to bank receipt, as witness could not read ; it was like What was in her box. 'Ac three books., produced were hers. She never gave auy one permission to take any of these -thiiigs. The same night she landed she saw the prisoner O'Brien with her scarf on, and she remarked, "That's my scarf. " O'Brien replied that she it out .of witnesses, box, and then went oivß. Witness said no more. - * • By\ prisoner Moore : Previous; to my knowing you I had only known O'Brieii by sight.; We stopped at' the same, place. I g'av# you L 27 because you said you would take care of it for me. I gave it to yon to take care of it for me, not to marry me. I . was down in the state-room of the; tug boat with the chief engineer ; so were you. I had a dispute with the engineer about some money,' - I asked you to come up to my house and see the place. I did not ask you to marry. me." I lived witli you for some | time as your wife. You said that" you would not get married there— that we would go to Greyraouth." I did not tell you that the prisoner O'Brien was an intimate friend of mine. I did not apk you to go, with me to start a shanty on the new rush without a, license. I did not buy the tumblers found in my box for the purpose of setting up shop. I did not ask O'Brien to. act as barman. I gave you the money to keep for me. I drew a part of it from you to buy the tent. We' were together when I bought the tent. He selected it. I told him to pay for it out of my money.' I can swear that it was my money that paid for the tent. You had i:one. I did not authorise you to put your name on the box. I did not give you my things to take care of for me on the passage from Hdkitika to theGrej'. Yon paid for the freight down to the Grey: I- -did not. I told you to pay the money for our passages. I swear yon stole the watch from me. I did not authorise you to take it. J I did not give it to you to get regulated for your use. I did not give it to you as a true-love token for you to be true to me. I did not ask you to marry me ; but you wished me to marry you for fear some one should steal me away from . you. _ ■"' Cross-examined by prisoner O'Brien : I did not ask you to go to Greymouth' as a barmaid. You told me you were going down there to marry a black: man. [This witness created considerable merriment in Court by the manner in -which she answered, the different questions.] The prisoners were found guilty^ and sentenced— Moore to 12 and O r ßrieu to 6 months' imprisonment with hard labor. HOUSEBREAKINO AT GREYMOUTH. John Hunter and James M'Vie were charged with haying on the 20th April last stolen and carried away' certain articles of the value of LOO, the property of James Cattle, at Greyjhouth. Prisoner. pleaded not guilty. The circumstances- of this case were briefly as follows •— On the day in question the , prisoners were hi the prosecutor's-hquse,-Hunter in the parlor and M'Vie in the bar. The prosecutor left the bar for- a short time' to get his tea, and it was afterwards discovered that some one had stolen the cashbox from a bed:room behind the bar, and the two prisoners had left the house. In the box were L 75 or LBO in notes, besides silver and three or four sovereigns ; also two ringß and some trinkets belonging to a .watch. There was no watch. There were also four or five gold nuggets, and several papers. There was a chamois leather bag, dbntain-. ing about,, one ounce and a half of gold. There were two L2O-notes, two LlO, and three or four L5-notes in the cash-box when stolen. • . • , Jane Anderson, housekeeper at the Golden Age, recognised one of the L5-notes, which had been traced to the possession of one of the prisoners. \ - ' .The jury found the prisoner Hunter guilty, but acquitted M'Vie. Hunter waa. sentenced to v l2 months' imprisonment with har.l labor.