SUPREME COURT of NEW ZEALAND.

Hawke's Bay Times, Volume IX, Issue 452, 7 February 1867, Page 2

SUPREME COURT of NEW ZEALAND.

The Criminal Sittings of tho Supremo Court -were opened by His Honor Mr. Justice Johnston on the sth instant. Tite following Grand. Jury was empanelled :—Messrs. James Anderson, Samuel Begg, S. G. Brandon, J. B. Bratbwaite, G. T. Fannin, K. J. Hill, Alexander Kennedy, J. G. Kinross, Edward Lyndon, William Alaltby, William Marshall, Q. E. G. Richardson, William Routledge, H. S. Tiffen, John Wilkinson, Samuel Locke, Alexander Irvine, H. C. Robjohns. His Honor, in his address to tho Grand Jury, congratulated the Province upon the remarkable absence of crime, there being only four cases for trial, and of these, two were against one prisoner. He then alluded to the Acts of the last session of the General Assembly, saying that they had introduced many important changes and improvements in the method of conducting the proceedings of the Supreme Court. He referred to the Stamp Act, and advised all persons engaged in business to be very careful in fulfilling its provisions, as the absence of the necessary stamp on an important document might in future time occasion the loss of valuable property. HORSE STEALING. Albert Franklin and Michael Fitzgerald, both soldiers of the 14tb Regiment, were charged with having, on the 11th of August last, stolen a horse, the property of William James Burton. The following Jury was empanelled : William Miller, John Slater, William O’Brien, Michael Hallasey, Alexander Erowne, Benjamin Flanders. Peter Pimiett, William Mannder, George Bowman', Henry Hawker, William Nor the, Richard Maney. A fine of 40a. was recorded against Andrew Blake, a juryman, for non-attend-ance ; but, on his subsequent appearance, the fine was reduced to os. The following evidence was taken;— William James Burton deposed: T am a settler at Meanee ; I remember the llih of August last. ■ I came into town, on the

evening of that day on my horse —a darkj brown entire—to go to the theatre, I pnt| him into, the stable yard at Johnstone’s j Royal Hotel, Th’e- yjrd is behind the! house, and there is a gate leading into it! rom the public road, I went to thei

theatre at half-past 8. and cants out a half-past 11. I looked for the horse where 1 had left him, but he was not there. Nest day (Sunday), Serjeant Sullivan gave me the horse. He was at Marshall’s stable. Florence Sullivan deposed: lam a Serjeant Police. I remember the on duty at the Theatre Royal. About a quarter before 9, I received information that a horse was missing. I searched the public-houses, end afterward;* borrowed inspector acuH/'a horss. I went up the White Road, and overtook the prisoners who were going in the direction of Mea« nee. They were DOC ft riding on the horse. They were at Turxha's bridge, thiee miles and a half from town. I asked them howl iney had become possessed the horsa f they answered that they had taken it for a ride. That was all they said then. I took them into custody, and left the horse at the Shamrock Hotel. Next morning I took the horse to Marshall’s, and after* wards (about 9 o’clock) I gave it to the prosecutor. While the prisoners were at the Shamrock Hotel, I said that it could not be a pleasant ride at that time of night. The prisoner Franklin said they were deserting ; they intended to take the horse to McLean’s station and sell it, and then go overland to Wellington. The prisoner Fitzgerald heard this, and did not deny it.

Cross-examined by Franklin; It was not the prosecutor who gave ms information of the loss of the horse. I did not see him till the following day. It. was a man named Saunders who told me, and he is not now in Napier- The prisoner asked if they made any resistance ? There was no resistance made. The prisoners seemed to have been drinking, but were not so drunk that they did not know what they were doing. The prisoner Franklin here asked witness what information it was that Sander*, had given him, die was cautioned by His Honor, aud told that such would bo admitted as evidence against him if he required it to be repeated j but prisoner persisted in requiring it.

Witness continued: Sanders told mo that he heard the prisoners plotting how they should desert. They wore talking of stealing two horses and riding away.

His Honor asked the witness what Saunders said about the missing horse. The witness replied that Saunders said nothing more than what he had just repeated.

His Honor warned him to be more careful in his evidence, as everybody had understood him to say that Saunders had given him information that Burton’s horse was stolen.

The prisoner Franklin offered no defence except that he was drunk, and that he had offered no resistance when arrested.

The prisoner Fitzgerald said he had been drinking all day, and wished to get out of the way of the military police. He had not gone near Johnston’s publichouse, but went up the White Koad, intending to stay away from the Barracks all night j and while there the prisoner Franklin rode up and aß ked him if ho would have a lift. He assented, and went with him as far as Tareha’a Bridge, when he was arrested. He said that he had no intention whatever of deserting His Honor said that the evidence would have been for more satisfactory if the witness Saunders had been present and asked if there was any person present who would speak as to the character of the prisoners. The Jury then retired and brought in a verdict of guilty against both prisoners. Sergeant Macarthy of the 14th liegt. was called, and said that the prisoners had boro a good character in the regiment, except for drink. Franklin had once been a lance-corporal, which position he forfeited through a military offence, and Fitzgerald had been a sergeant, but had lost iiis stripes through drink. His Honor then addressed the prisoners. They had committed a most impudent offence, and had made a most impudent defence. It was as clearly proved a case as ho had even known come into court, they were both young men, audhe would inflict a light penalty, to give them a chance of reforming. In prison they would have no drink, and he hoped that the abstinence from it, and the opportunity to reflect upon their past lives, would not be without a good effect upon them. Ho sentenced them both to two years’ penal servitude. Ihe prisoners were then removed.