SUPREME COURT.

Hawke's Bay Times, Volume III, Issue 134, 7 August 1863, Page 3

SUPREME COURT.

Saturday, August Ist. His Honor Mr. Justice Johnston took his seat and opened the present sitting of the Supreme Court in this Province at the hour of ten in the morning of the day above mentioned. The Sheriff was not in attendance. The Superintendent and Major Whitmore occupied seats on the Bench. His Honor fined the Sheriff JglOO for non-attendance, and also inflicted a second fine of the same amount because that officer had caused the Juries to be summoned for the 3rd instead of the Ist of August. His Honor then charged the Grand Jury, alluding to the cases for trial, and to the conduct of the Sheriff, which he condemned as being both against law and common sense. The Jury having retired, atruebill was found against Robert McGregor for theft, and the Court adjourned till Monday. Monday, August 3rd. His" Honor took his seat at ten a.m. The business opened by the Judge calling upon the Sheriff (Mr. H. R. Russell) to shew cause why the fines which were inflicted as above stated should not be enforced. The Sheriff read a written statement apologising for his absence, and disclaiming any disrespect to the Court, as he did not think it would sit till that day (Monday). The proclamation convening the sitting of the Court on the Ist or on such day after as might be convenient was somewhat vague, and, as the Ist happened to fall on Saturday, he had summoned the Juries for Monday the 3rd, as being most convenient to the public. His Honor accepted the explanation of

the Sheriff with regard to his non-attendance on Saturday, and remitted the fine; but he spoke at some length as to the second fine K pointing out the duties of Sheriffs, and showing that Mr. Russell had not rightly performed those duties in this instance. Under however, he should reduce to a nominal penalty of £5. The Grand Jury then retired, and shortly brought in_some true bills. STEALING MONEY. Robert McGregor pleaded guilty to the charged of having stolen certain moneys,[the property of James Tautari, master of the schooner Sea Breeze. He was sentenced to three months with hard labour. ANOTHER CASE OF MONEY STEALING. James Johnson also pleaded guilty to having stolen a cash box containing money and articles of jewellery, the property of John Henry Sebley; and was sentenced to three mouths imprisonment. UNLAWFULLY OPENING A MAIL BAG. Henry Gray Morecroft appeared to answer a charge of having unlawfully and feloniously opened a mail bag whilst in course of transit from Maraekakaho to Kereru. Mr. Allen defended ; and the following jury were empanelled :—Messrs. Garry (foreman), Brears, Boddington, Benstead, Horne, Coe, Claridge, Dyett, Flanagan, Hawkins, Horne, Thomas. It appeared that the defendant had unwittingly opened the bag for the purpose of obtaining his own letters, and that he had intimated what he had done to the Post Office authorities by writing on the letter bill, which evidenced there was no felonious intent. A verdict of guilty was recorded, and he was sentenced to one month’s penal servitude. ASSAULTS. Patrick Moran, private in the 14th Regiment, pleaded guilty to the charge of having committed assaults upon William Simmonds and Augustine Bussell. His Honor, having heard evidence of the previous good character of the prisoner, sentenced him to two months’ imprisonment for each offence. ATTEMPTED SUICIDE. Thomas Nelson, alias Fitzpatrick, pleaded guilty to the charge of attempting to commit suicide by cutting his throat, and in extenuation said he had been drinking hard, and was in a state of delirium tremens at the time. The Court sentenced him to one week’s imprisonment. SELLING APM3 TO NATIVES. The following jury were empanelled:— Messrs. Robottom (foreman), Bee, Breingan, Brears, Coe, Dyett, Flanagan, Groom, Jarvis, LeQuesne, Thomas, Watts. Joseph Johnson pleaded not guilty to a charge of selling a gun to Paora Kaiwhatu, a native. Mr. Allen defended the prisoner, and the jury returned a verdict of not guilty. Tuesday, 4th August. STEALING CLOTHING AND CASH. John Connor was charged with stealing a coat and other articles of clothing, together with 10s. in cash, the property of a man named Sutton, from an outstation on Capt. Newman’s run. The evidence against the prisoner was clear,and the jury found him guilty. Sentenced to 6 months imprisonment, the prisoner having been in gaol 8 mouths. HORSE STEALING. Thomas Williams was charged with stealing a horse, the property of Capt. Harman. The prisoner, being a deserter from her Majesty’s 2nd battalion, 14th Regiment, took the horse in question off the tether to aid him in his escape, and left the horse at Mr. Lowry's station, where it was found by one of the shepherds. Mr. Allen made an able defence on behalf of the prisoner. The Judge gave a very learned exposition on the question, and told the Jury that if they thought that the prisoner’s intention when he took the horse was not to steal it, but simply to aidhimin his escape, that they must find him not guilty of the larceny. Jury found him not guilty. STEALING A SADDLE. The same prisoner was then arraigned in a'charge of stealing a saddle and a bundle, the property of John Ross. This appeared to have been committed after he had taken the horse in the previous case, but to which the same rule would not apply, inasmuch as they were not articles necessary to the prisoner’s escape. The jury found the prisoner guilty, and his Honor sentenced him to 18 months’ imprisonment with hard labor, the prisoner having already been 7 months in gaol. This ended the criminal cases.