Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, AUGUST 14, 1872. SUPREME COURT.

Hawke's Bay Times, Volume 19, Issue 1401, 14 August 1872, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, AUGUST 14, 1872. SUPREME COURT.

(TBefove His Honor Mr. Justice Johnston.) TUESDAY, 13th AUGUST, Receiving Stolen Property. Samuel Baines Firth, of To Auto, was placed in the clock, charged with having received a gold watch anil chain, and waistcoat, of the goods and chattels of David Trone, well knowing the same to be stolen. The prisoner pleaded not guilty, and was defended by Mr. Basedles and Mr. Bee. This case was gone into very fully ; but it is not necessary to enter into do tails, as, we have already given the whole case for and against the prisoner as contained in the deposition* in the Resident Magistrate’s Court. The prisoner’s counsel argued that he was the victim of a conspiracy between Green and Bradshaw, adducing some evidence in support of this theory, and conducted the defence throughout with great ability. His Honor, in summing up, carefully reviewed the evidence, showing that the prisoner's own statement before the Resident Magistrate was sufficient to convict him of being an accessory after the fact, and taken in conjunction with Trone’s evidence, it v ent far to support the presumption of his guilt. The jury, after a short absence, returned a verdict of guilty. Hs Honor then made inquiry of Mr Inspector Scully as to the prisonei’s £h a rapier. Mr Scully, being sworn, AAtvd that there was nothing on re •

cord against him ; but that his reputation was not good. In reply to another question, the witness stated that offences against property; had been numerous in the Te Aute clistHclV and difficult of detection. ; | it ,u : s His Honor said the Verdict of the jury was the only one at which they could have arrived from the evidence. The offence of which the prisoner stood convicted >vas ono of a specially serions character in a, The prisoner was a dangerous enemy to society. While making his gains ostensibly from honest business, he was in fact tempting men like Brad*haw into the ranks of confirmed criminals. ' A.n establishment like that kept by the prisoner soon became known to all persons of dishonest tendencies, and an old truth received new illustration—-that one' receiver made many thieves. It was absolutely necessary in the interests of society that this offeiice should be sternly put down., at the same time he would not inflict a vindictive penalty. The law permitted a sentence of fourteen years penal servitude. The Court would not go to that extent; but would inflict the substantial sentence of penal servitude for three years. It was now too late to go on with I he only remaining criminal case —Sutton v. Paora Torotoro, on a charge of perjury— and the, Omrt adjourned till 10 a.m. this dav. '

WEDNESDAY, 14th AUGUST. His Honor took his seat at 10 a.in. Perjury. Paora Torotoro, a Maori chief, was charged with ihis offence. The indictment was a most formidable document, filling an enormous sheet of parchment closely written. The prisoner wa« charged with three separate and distinct acts of perjury, committed in the District Court on the 2nd October, in cer tain matters then material : first, denying hi> signature to a certain deed of conveyance of land to Mr Sutton, which in truth and in fact he had signed ; se<-«»nd, statins*; that he had not received £IOO from Mr Sutton for the said land, and that the only consideration lie had received from Mr Sutton was certain ammunition ; third that he had obtained the said ammunition from Mr Beyer, licensed gunsmith, after procuring the necessary warrant from the Custom-house. The indictment having been read, first in English, and then to the prisoner in Maori by the interpreter (which preliminary occupied about halt-au-bour), the prisoner pleaded not guilty. Mr Wilson and Mr L,ee conducted the prosecution; Mr Lascelles appeared for the defence. A jury was then empanelled, of which Mr Roope Brooking was chosen foreman While the jury were being called, two were challenged by the Crown, and two by the prisoner. To avoid another reading of the long indictment before mentioned, his Honor read briefly for the information of the jury the specific; averments of perjury, omitting the legal technicalities. Mr Wilson then addicted the jury in support of the prosecution. The case was then proceeded with, but at the very outlet was checked by the absence of an important writ, said to be in the possession of Mr Stedman, now absent from the Province. Mr Wilson put in a copy, whicli he soon after became exceedingly anxious to withdraw, as it was discovered by his Honor that ihe writ did not agree with the declaration, the name of Paora Kaiwhatu, another native chief, being substituted for that of Paora Torotoro. The copy of the writ having been once put in could not be withdrawn, and Mr Lascelles made the most of the discrepancy. From this question arose another ex ceedingly nice point of greater importance than the last. The District Judge granted his injunction upon an affidavit by the natives concerned, setting forth, among other particulars, that proceedings in the matter were then pending in the Supreme Court. The affidavit was made an the 39th September, and the Supreme Court was not mo\od for the writ till the following day, so that really proceedings were not pending \ w-hen the affidavit was made. It was admitted that in a case of extreme

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rarily invested with the powers of the higher Court, might issue an injunction on the understanding that., immediate proceedings were to be taken in €ourt; but such was evidently fcot |he case in the present proceedings. The point at issue was thus reduced to this—ln the absence of such proceedings, and on an affidavit setting forth uutruly that, proceedings were pending in the Supreme Court, had the District Judge competent jurisdiction 1 If this question were settled in the negative the ease must collapse, as, legally, perjury cannot be committed before a Jiidge who ha* no jurisdiction. This point was discussed, without being settled, until ten minutes past 1, when the Con ft adjourned for half-au-hour. , :,