SUPREME COURT — WESTLAND district.

Grey River Argus, Issue 85, 28 July 1866, Page 2

SUPREME COURT — WESTLAND district.

{Befoi'e his Honor Mr Justice Gresson. I - Monday, July 25. ! [Abridged from. the West Coast Times.] -RIOTOUSLY "DEMOLISHING A STORE. William Quinlan and William Ryan, charged with having on the 30th March last, at" Bruce .Bay* with other unknown persons, riotously demolishing, a store, the property of Francis'M 'Guigan, pleaded jtiot guilty. Mr South defended the prisoners. Francis M 'Guigan, sworn, said — I am a storekeeper, arid on the 30th March last resided at Emce Bay in a house the property of me and David Beattie. In the evening; between 8 and 9 o'clock, two or three hiiTidred men were knocking about, and calling put, "roll tip boys .;" .-: that means, to come along, or gather together. The crowd gathered in and around a, store opposite_iny ' place. Thg men stopped there about half an hour, tearing it down and taking the stuff out of it. The store was about four or 6ve chains .from mine. Afterwards the crowdleft and came across to mine, and as many •as could get in rushed inside and filled it up. Some of the crowd, outside, cut round the calico sides of the store a good way. Those inside then commenced- pulling ■ out the cases of porter and gin and other liquors. /The crowd' was there about haK an hour. There were 200 men or more. . They were shouting and breaking the cases open 1 with the heel Of their, boots, and drinking. They said "roll up" and "rush up." It wa3 against myjwulthey came into the store. • I told the crowd I would give them as much drink as thej"- liked to have if they did not destroy my property. One side of the store was cut from end to end, and the back was destroyed also. When the crowd came, the front of the store was open but they cut through the back to throw ouirthe cases. T saw Quinlan there that night ; he was at tlie back part of the store, beside a case of porter, and I also saw him inside the store as well, He was broaching the cases, aud taking out bottles, and going outside with them. .He came into my store, I think by the back, but I did not see him enter. He was there for " about two minutes, and I saw him in about the store for ten minutes. He was or.Q of the crowd of rioters. I did not see Ryan there, By Mr South : I said 1 would give the crowd 'liquor if they would destroy nothing. The mob was very excited. I was agitated and frightened seeing so many men around me. 1 had seen Quinlan the night before. The door of the store was a. flap of canvas. It was rolled up in the day and let, down at night. There was no frame attached to it. 1 did noiTsee Quinlan cut any calico. I first saw Quinlan taking three or four bottles out of a porter or ale case. ' I can't, say which. I did not see him inciting the mob. I saw jio personal violence offered Vo any one in my store. Quinlan was not th& leader of. the mob, bnt was merely one of them. • Thomas Brooke Smith, ■■ sworns said : On the 30fch 'March last I was at Bruce Bay. A row occurred about 9 o'clock. Some two or three lmndred people, first collected at. the German's store shouting '-' roll up boys," and screaming like mad people. I put out the lights in my store, which was about sixty yards from M'Guigan's. I then stood outside, and saw the crowd moving from store to store, still shouting and yelling. At last they came to M'Guigan's store and coinmen eed tearing- down the calico walls. They then made a rush towards my place, and tore down the 'calico Avails in all pcirts, aud carried away nearly all the stores. I saw both of the prisoners, amongst the noisy mob, but' from the distance I can't say whether they were lookers on or in the riotoiis mob. When, the twenty /or thirty most riotous , came to^ wards my store Quinlan aud Ryan were with them. ..,--•■■.:. '■ Mr .South addressed the jury in defence, and during his address the Judge rose the - question as to whether the law under which tho indictment was laid, referred to any other property than freehold. He ruled that it. did not, and that the calico store of the prosecutor could not be deemed, a freehold, and therefore directed the jury to .acquit tha prisoners, informing, them that it was held as a safe point of law toadhere to the general leading principles of the "statutes rather than rule by irregular readings. \ The jury.therefore acquitted the prisoners. ■ LARCENY AS A BAILEE. George Farquhar Smith, chargcid with haying on the 10th day of January last, feloniously appropriated monies belonging to Mary Ann .M 'Laren, pleaded not guilty. _ He was defended by Mr South. . j Without retiring, the jiiry returned a verdict of "Guilty." . ■•.-.. ■-.-.- His Honor-sentenced him to nine calendar mouths' imprisonment with hard labor. .UN.NATTHIAL.OFFEXCE.----:....---.' John Sullivan, on "a charge of this nature, at Greymoutli, on the 17th March! 1866, was found gu*lky. " Sentence deferred. . ASSAULT WITH VIOLENCE. Samuel Cox, formerly of the police force,, v.as charged with' having on-the 10th day of March last violently assaulted Shadrach Perry, - and David Kaler.v by presenting a loaded, pistol at them, ami pleaded, not guilty. The circumstances of the case were as follows : —The prisoner and another constable were proceeding from Hokitika to the Grey on horseback. Prisoner" got drunk, on tlie road, and committed' the offence charged because the prosecutors would not give him their names- on demand. "It was proved, however, that the caich of the revolver was down, and that he could not have fired- it off at the time. It should be mentioned that the prisoner and his companion had .just previously nearly lost their, lives in the Tere-. makau River, and it was not until afte^tnis occasion that theprisoner took any drink. , The jury retired, and after a very short absence returned a verdiet-of "Guilty," but j coupled with a strong reconunendation to mercy. * • ■ v .. The prisoner, aged 21 only, was then sentenced to 24 hours' imprisonment, having been already confined for four months previously. - 7— • ..--•■ Thursday, July 26. -• - . BURGLARY.. ... James Kelly was found, guilty' of. having, on the night' of -the 7th March last, .burglariously and feloniously entered the house of one Edward Walsh at Okarita, and stolen certain articles therefrom. Sentenced to two . years' imprisonment with hard labor. STEALING FROM THE PERSON. John^ Smith, charged with havingj3tolen a cheqiie for £7 from * one Gilbert M'Aipin at Okarita was found-guilty, and sentenced to nine months' imprisonment with hard labor. OBTAINING GOODS BY FALSE' PRETENCES. ' William Constantine was found guilty of obtaining, goods' from one William 'James Lockwood by 'means of false pretences, and' sentenced to six months' imprisonment with hard labor. " . ; STEALING FitOM A DWELLING AT GREYMOUTH. Frederick Smith' and Bridget Kelly were charged with -having, on the 13th of ' July last, stolen £16 from the dwelling of Anne ODea, at Greyniouth, were found guilty, and remanded for "sentence. ■■ • - ' '