Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, NOVEMBER 22, 1871. SUPREME COURT.

Hawke's Bay Times, Volume 18, Issue 1178, 22 November 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, NOVEMBER 22, 1871. SUPREME COURT.

This Court in its civil and ciiminal jurisdiction, was opened this morning at 'lO o'clock, by his Honor My Justice Johnson. The following Grand Jury was empanelled :—J. Anderson (foreman), H. jC. Wilson, J. R. Duncan, J. H. Coleman, E, Pulford, B. A. Ferard, E. Lyndon, P. Dolbel, 0. B. Von Daddelzen, W. Couper, S. G. Brandon, A. Fountain, R. Foster, H. Sladen, A. C. H. Weber, T. Lowry, S. Begg, D. Balharry, G. Worgan, W. On, W. F. Hargraves. (Mr Go wing, whose name was called, was excused, upon his stating that his assistant being ill, his attendance at Court would cause the only chemist's shop in town to be be closed.) We have not space to-day for his "Honor's address. LARCENY. John Turner was charged that he did, ,on the Bth June, 1871, two blankets and one counterpane, the property of John Nicholson, feloniously steal, take and carry away. The prisoner pleaded not gnilty. The following jury was empanelled ; —F. Knight, G. Lambert; E. Austin, J. H. Trask, Beckwick Smith. J. A. •Torr, E. Mann, S. Oatham, T. Campbell, W. Beagley, John Mahoney, and John Mabbett. John Nicholson, sworn, deposed : T was a publican at Waipukurau in June last. I know the prisoner. He slept in my Wuse on the 20th and 27th of June. On the 28th I missed him just after 11 o'clock. About an Lour after I missed two blankets and a counterpane from a bedroom. The things were .all right that morning when the beds were made. I saw the goods again at Waipawa Court-house about a week after. By the prisoner : I believe you were the only person who stopped at my house that' night. I dp not recollect a bullock driver being there. At Wai pawa I did not in the first, instance fail to, identify the blanket. I do not remember saying, " Which blanket did the prison er bring ?" Edward Durand, sworn, deposed : I am a constable at Waipawa. I appte iiended the prisoner at Wautukai, near |Va|pawa. I do not remember whether it was in <June or July. [His Honor Remarked that it was jevy stupid for a constable not to be able to answer to dates] It wasabput a week before he came before tlie magistrates. [This would make the date abQiyt the Bth of

July.] J. found two blankets? and a counterpane in Mr Mackie's house lying on a box. The prisoner was in the same room at the time. Mrs Mackie was also there. When I told him he was my prispner, he rolled the blankets up and toofc them with him. I had told him theie were blankets missing. I did not read the warrant to him ; he read it himself. He rolled the blankets and counterpane up roughly. I afterwards rolled them up and put them on my hoi'se. T produced them at Waipawa before Mr Russell in Court in ]bhe presence of the prisoner. Three blankets were produced, one of which belonged to the lock-up. Mr Nichplson picked his own out. He did not ask which were bis. [Blankets produced.] 1 cannot identify them. I did not bring them down. By the prisoner : I was in the lockup with Moffit when Nicholson came. He did not say, " Which are the blankets f y He asked where they were, and identified two as his own. The counterpane and blankets were similar to those now produced. John Nicholson, recalled, deposed : I know the blanket by a hole which Mrs Nicholson described. 1 do not know the articles from my own knowledge. I can only swear that these are similar to those stolen. I only know of one hole in the blanket. The prisoner here said the blanket had three holes. His Honor ordered it to be exhibited to the jury by the offi cers of the Court, when the prisoner's statement was found to be correct. His Honor said there was no proof of the offence. All that could be said was that this was a very suspicious case. If Mrs Nicholson had , been present, it might perhaps have been proved. Tt would not be right to let the oase go to 8 jury, for until the identity of the articles was eM.ablished, the prisoner was not called upon for an answer to the charge. Mr Wilson here said Mrs Nicholson could be produced at once if necessary. His Honor said in that c.ise Mrs Nicholson must be produced, though it was rather hard upon the prisoner. In hhe pause which ensued, he took occasion to comment on the positive way in which witnesses too often spoke without sufficient grounds. In this case a witness had sworn that he idenfied his goods, when, upon being pressed, it appeared that, except from hearsay, he knew nothing about them. —His Honor here asked if Mr Nicholson had gone for Mrs Nicholson, unaccompanied by an officer of the Court, and was answered in the affirmative. In that case, l.e asked, what would be the value of the evidence 1 What witness, in such a case, could refrain from explaining how matters stood 1 Truly, the business of the Court was being conducted in an awful manner. After some delav the witness was brought. Sat ah Nicholson, sworn, deposed : I am the wife of the prosecutor, who, some time ago kept a public house at Waipnkurau. I remember the prisoner staying at our house. Soon after he left i missed two blankets and a counterpane. There was a hole in one. blanket as though it had been burned. It was almost a round hole. The hole was in the blanket when I got it, I have spoken to my husband since he left the Court. There were holes in the blanket, and I knov it before to-day. I think they were much the same size. I told my husband before he wen I to Waipawa that there were two holes in the blanket. [Blanket was here produced and given to the witness] I see several holes in this blanket, but I cannot swear to any of them. [Another blanket was here pro. duced and given to the * ituess.] I do not see here the holes of which I told my husband. His Honor : I think, gentlemen, that this will be a memorable case—an answering to those people who talk of the technicalities of the law of evidence. The goods have been positively sworn to, when it turns out that the identification is derived from hearsay. One witness swears his wife told him there was one hole; she swears there were two. He identifies tbe blanket by the bole; she swears that it is not the hole. It is quite possible that this may be the blanket after all, tmt if a conviction could be obtained on such

evidence no one would be safe. J understand the learned counsel will not ask you for a verdict and yoii will therefore acquit the prisoner. The jury returned a verdict of not guilty. His Honor : In this case I will not allow the costs of witnesses for the prosecution. UTTERING FORGED ORDER. The same prisoner was indicted with uttering a forged order, knowing the same to be forged. The prisoner pleaded not guilty. Alfred Levy deposed : I am a shoemaker residing at Waipukurau. The prisoner came to me on Monday the 26th June; asked me if I had a pair of boot* to fit him. T found a pair, in payment for which he tendered an order on Levin <k Co, signed '< Charles Nairn." The value of the boots was 235. The order was for M 12s 6d. I gave him £2 and told him to call again. 1 never gave him any more change. I gave the prisoner into custody. I never have been paid for that order. The only other witness, Mr G. Nairn, summoned under subpoena, was absent when called. His Honor complained of the delay - said he would fine him something heavy if he did not soon appear; was-no doubt a gentleman in good position, and cou.'d afford it.— Mr Nairn here appeared in Court. Charles James Nairn deposed ; Prisoner was cutting firewood for me in April last. Paid him by order on Levin & Co. I believed the prisoner to be a person of education ; never saw him write. I know no person named "Charles Nairn." 1 usually sign "Charles J. Nairn." Signature to order produced. It is not my handwriting and is not like it. His Honor did not consider this was sufficient proof. There appeared to be no imitation of the writing, and the signature was not the usual one of ihe witness. Witness continued ; I have been in the colony since 1841. lam well acquainted with settlers in Hawke's Bay and Wellington. 1 know no other family of the name in the colony. Levin & Co. have been in business some 20 years; never heard from them of any other Nairn. I never heard of auy other Charles Nairn in the colony but myself. Alfred Le v y recalled : The prisoner told me he 1 ad come from Mr Nairn's place at Pouierere. He said he had been cutting firewood at Pourerere for six weeks, and that was his wages. I questioned him about the order bearing the dale on which it was presented to me. He said Mr Nairn had given the cheque on Sunday and had dated it a day in advance His Honor said that none of this evidence appeared on the deposition. The prisoner declined to say anything in defence. His Honor said that this case, like the last, showed the necessity of good and sound evidence in support of the charge. There was at first a considerable doubt, but the conversation described seemed entirely to negative any other theory than that of the guilt of the prisoner. He would be happy to point out any ground for reasonable doubt, but could not -ee any. The jury found the prisoner Guilty of uttering a forged cheque, knowing the same to be forged. Prisoner had nothing to say. Mr Inspector Scully, on being asked by his Honor, said that nothing was known of the prisoner in this Province. Mark Davis (called by prisoner) deposed : Prisoner worked for me in the 7Q-mile Bush, about four or five weeks. I know nothing against him. His Honor said he could not accept the theory that this was the prisoner's first offence; but he would not deal with him as a previous offender. He had rendered himself liable to penal .servitude for life, with or without hard labor j but the Court would pass a very moderate sentence —that he be impri soned and kept to hard labor for the space of two years. The Grand Jury found a true bill for misdemeanour in the case of Langban, (assault) but threw out the criminal charge. The Court then adjourned for half-an-hour.