SUPREME COURT of NEW ZEALAND.

Hawke's Bay Times, Volume IX, Issue 453, 11 February 1867, Page 2

SUPREME COURT of NEW ZEALAND.

Monday. Ei:uiu; auv A. ] HOUSEBREAKING AND ROBBERY. £ Henry Edward Harks was charged with , bveakiiig into the dwelling-house of a set- i tier at Blackhead and stealing therefrom 1 art icle# to above tic value of £5. j I be prisoner plea led gu; ' l J‘ II FORGERY. 1 The same prisoner was charged wit!'. 5 forgin.2 and uttering an order far £2O pur < porting to be signed by H. R. Russell, ‘ Esq. A second count charged him with ; uttering the same, well knowing it to be < forged. 1 ! Tile following jury was sworn in ;—Ro- < ) i bert G. Hawes, Albert Mundy, Abraham i

Manoy, John K. Tatum, Edward Cook, Richard Jeffares, George Browne, Bartholomew Lonigan, Edward Knowles, Archibald Bryson, Miehael Browne, John ■BrOWue. Mr William Towsey, one of the jurymen, who was absent when his name wag called, was ordered to be lined -10 s. Upon his appearance. His Honor being informed that he was employed at the Post Office, the mutter was deferred till Thursday, in there was any Act exempting Post Office officials from the duties of jurymen. His Honor obscrrcci thst tiicrc 'vss sucii sn OAOilijjpiUJJ AOl UUU “ c 4““hj' licecsssry iwr =mpiOyed in the Post Office. 'lhe prisoner nlefided not: guilty. James Halpin deposed : I am a publican at Waipawa. I know the prisoner, I remember Sunday, the 19th of August. On that day prisoner came to my hotel and asked for tea and a glass of spirits, for which he tendered an order for £3B. I objected to cash it. Prisoner said, “ Perhaps you will do a small one,” producing one for £2O. I said the amount was no object, but that the documents were suspicious, and asked him where he got them. He said, -‘ From a man in the Forty-mile Bush,” Prisoner then said, “ You’ll have no objection to cash one of Lord Henry’s ?” meaning Mr. H. R. Russell. I said “ No. I know his signature as well as my own.” Prisoner then tendered an order for £2O, on Mr. Roy, signed “H. R. rusell.” The document produced is the one. I laughed at it, and showed it to a man named Mackenzie, who was in the house at the time, and had worked for Mr. Russell, and said “Is that Mr. Russell’s signature ?” He said “ No!” and went for the police. During Mackenzie’s absence the prisoner left the house, leaving the order with me. Cross-examined by prisoner: Did you say three documents ? Yes. Then it was not true. To the Court—That man will say anything.

Donald M'Kenzie deposed: I live at Waipukurau. I know the prisoner by sight. I remember seeing him at Halpin’s on the 19th of August. I saw him offer Halpin an order in payment for refreshments, purporting to be signed by H. R Russell. Halpin asked me if it was Mr. Russell’s signature. I said “No !” 1 went for the police, and afterwards accompanied them in search of the prisoner. We caught him half way between Waipawa and Kuikora, and took him into custody.

11. R. Russell deposed : I reside at Waipukurau. € met the prisoner once ; he asked mo for employment. I engaged him one Saturday, but hearing an unfavorable account of him, I discharged him on the Monday, giving him, I think, half-a-crown. I know a person named Roy, a runholder on the Ruataniwha Plains. I have no right to draw on him. James Rooke Glass deposed : I am a settler residing at Blackhead. I knew the prisoner four years ago. I once employed film for one week. I have seen him write. The document produced resembles his handwriting. Charles Hurry deposed: I remember the 19tb August. I saw the prisoner at Waipawa The document produced was given to rao by Mr. M'Kenzio. I gave it to the Magistrate. I took the prisoner into custody. In his defence, the prisoner said—l received those orders ; I never wrote them. Since I was big enough to earn my living there has never been anything against me ; but I must take what I get. The jury retired and found the prisoner guilty. His Honor then asked if there was any evidence as to prisoner’s character.

James Hooke Glass, recalled, deposed : i'he prisoner was in my employ for some tune as bullock driver. 1 never Lean! anything against bis character. When ( knew him tour years ago he was a good worker ; he is not so now. Ido not know whether he is a drinking man or net. Prisoner ; I was never drunk in my life. He then went on to state that he had been very badly treated at Waipawa ; that he had. for removing a piece of board from beneath his pillow, had his hands handcuffed behind bis back for six days, and that during that time he had been kicked, and Shut up alone, the door being only occasionally opened to *• chuck ” a piece of food in.

Charles Hurry, recalled, deposed : The prisoner received no such ill-treatment as that he has described. He was only handcuffed once, for a few hours, when he attempted to wrench the lock off his door with a board. Ho escaped from jail, and it was while he was at large that he committed the robbery which he has pleaded guilty to. His Honor said that the treatment ol prisoner at Waipawa was a subject to be investigated by the Waipawa magistrates, and asked bow long the prisoner had been in ji d? Wnness: 144 days. His Honor: What has his conduct been ? Witness: Good.

His Honor then addressed the prisoner. He said that the law gave him power to confine him for his offences for the whole period of his natural life; but hs did not intend to exercise that power. Both offences —the one which he had pleaded guilty to, and t he one which had just been proved against him—were of a very grave nature, and such as many persons had suit'red the penalty of death for half a century ago. The ease before him was a sad one. It was that of a man who, originally bearing a good character, had become reckless, and had fallen so far into crime as to commit forgeries for a considerable amount of money. The fact that Jie crime was so clumsily committed as to

deceive no one, and that it was the height of folly of the prisoner to attempt it, ‘cLuJ t not make his crime any the less. Confined in jail awaiting his trial for this ha contrived to make his escape, and plunged still deeper into crime—committing a burglary and a robbery. He would however give the prisoner a chance of reformation, The punishment he was about to inflict would be a very lenient one. and he hoped the prisoner would see it in that ught, and, moreover, make such use of his time in confinement as would enable him to pursue a different and better course of conduct in the future. The sentence of the CuurL upon him was, that he be imprisoned and kept to hard labour for the space of two years in the jail at Napier. tected, was then removed. HOUSE STEAiIHCt. A ease against a Maori for horse-stealing was adjourned till Tuesday, in consequence of the absence of a principal wit? ness. The Court then adjourned. Tuesday. February 5. His Honor took his seat at 3 p.m., and dismissed the juries till Thursday, as the> witnesses in the horse-stealing case had not yet arrived. Wednesday, February 6. The Court held its sittings under theDebtors’ and Creditors’ Act, 1866. Several cases were disposed of, hut none of any public interest. The Court was then adjourned till thofollowing day. Thursday, February 7. His Honor took his seat at 10 - 30. The Grand Jury brought in a true bill against Hori Hapi. His Honor then discharged them with the thanks of the Queen and the Colony, regretting that theexigencies of the public service had re» quired their attendance on two days moro than was anticipated, HOEsE-STEALIXO. Hori Hapi, a native, was charged with having, on the Ist October, stolen a mare, the propesty of Henare, an aboriginal native. The prisoner, who spoke very good English, pleaded guilty. Some evidence was taken as to his character, but very little was known of it by the natives. Prisoner belonged to the Ngatiraukawa tribe, and had lived on tho West Coast, but came to Patangata to visit a relative. He had been eighteen months in the employ of Mr. Heniy Russell, and had conducted himself well during] that time. a * - His Honor addressed the prisoner, and sentenced him to be imprisoned and kept to hard labor for the period of eighteen calendar months. The prisoner was then removed, and His Honor discharged the Jury with tho thanks of the Queen and Colony, and rm itted the fines imposed upon unpnnotuel jurymen. The Court then adjourned. THE NOETII. The s.a. Star of tho Evening, Capt. Turner, arrived here early on Saturday morning last. By her we have Auckland files; to Tuesday last, sth February, from which, we extract as follows : THE CAPTURE OE PLUMMER. This individual was brought to town yesterday in the cutter Miranda. He was of course put in the lock-up. He is certainly one of the most wretched and vulgar looking criminals that it were possible to behold. His impudence is unbounded. Ho had great solicitude as to tho opinon expressed of him in the local papers, upon which, of course, ho was not enlightened. Howas tested as to the truth of some of bis statements, such as his being at the races,, and his answer proved that he was a most inconigible story-teller. Ho is, indeed, a very vulgar thief. He is very ranch indebted, in his opinion, to the" Cross and the Rev. Mr Edger for the conspicuous position he holds as a distinguised run- . away uefore tho colonial public. He wilt be brought before tho Magistrate this morning. Our reporter will, in the 1 ordinary course, tell the story of his exam*. 1 ination.—ew Zealand Herald, 4th Feb. LATEST FROM TAURASGA. TL. TT-.-OIH 17-1 ““““I J-'OU'UMjp says: — By the arrival of the schooner Mavis,. 1 after a quick run from Tauranga, the following latest particulars are to hand : I General Chute and staff arrived at Tau- ’ rauga by the s.s. Wellington on Tuesday , morning last. i The pa which had been constructed at Minden Peak (particulars of which we have already given), was said to Lave been t occupied by some 600 or 700 rebels, and tho friendlies gave it that more were ex* pected.

Tho whole of tho 12th Regiment, and all the troops in garrison, marched out on Thursday last, headed by the General and

olail, auU is ..as TCpOrtca t~-i ■■ crc to attack tho natives that night. Tho greatest excitement consequently prevailed, at Tauranga. The p.s. Sturt had gone to Opotiki for more troops, and as there was not sufficient time for her to come on here to coal the Mavis was at once despatched for a cargo of coals for her, and will leave this with the same again to morrow. A report was circulated that two men of the 12th Regiment had been waylaid and murdered by the rebels, but for tho truth of it our informant could not rouclu

NATIVE RUMORS. The New Zealand Herald, of the 2nd February, supplies the following:— la addition to the telegram received on Tuesday last, that a large body of natives fNgatitaukawa) had Joined the rebels at ■xauranga, a second telegram was received ironi Ngaruawahia, announcing that a movement on the part the Eawhia natives was taking place, and that Mr Maiawariug iiad ieit .Digaruawama for Hangitiki, and Mr Mackay for the Thames. From other sources we learn that the natives about Eawhia and Raglan have, since Thotnp•SOu s dealii, assumed a more than Usually !! H usnt attitude, that the merest striplings of hoys never think of visiting the EuropCu" settlements Aojwin<i r tl or double burrs! grin. have been holding a continual succession of tangis of late over the bones of dead chiefs, tod this fact is of itself suggestive. From another source a private letter received from Eawhia, and dated the 22nd January, we take the following extract; “ We are all very quiet at present here; the natives are digging their crops; Matu» taera and Rewi are near Hangitiki. The natives are very anxious to know the Governor's movements.” Of a very different character is the information received from another quarter to the effect that when the Governor was at Taupo some of the principal chiefs now at Eawhia saw his Excellency, who refused to have anythin a to say to them so long as they professed the Hau-hau faith. They declared that they would not give up the religion, and the Governor, it is said, declared that he would make them do so. This statement of the Governor’s is said to have greatly excited the Eawhia natives.