Supreme Court.

Hawke's Bay Times, Issue 1583, 9 June 1874, Page 246

Supreme Court.

MONDAY, Bth JUNE

The Supreme Court was opened, in its criminal jurisdiction, at 10 a.m., by his Honor Mr Justice Johnston. The Council Chamber being at present occupied, the Court immediately adjourned to the Oddfellows' Hall. In opening the Court, his Honor hoped it would be the last time he would meet a jury in this town in so unsuitable a building. He congratulated the Province on the fact that the increased population had not occasioned any increase of crime, and said that the calendar before him contained no features calling for special comment. In the case of Murphy, Moore, and Lynch, the three men charged with breaking in Routledge, Kennedy and Co.'s store, ani stealing certain money and whisky therefrom, the jury found a true bill. Murphy pleaded guilty, but exonerated tho others. After going into the case against them, his Honor instructed the jury to 6nd them not guilty, the Crown Prosecutor admitting that there was no proof against them. They were however, detained in custody, there being a charge against them of knowingly receiving the stolen p ! .operty. Charles Williamson was found guilty of stealing from Hart and M'Kinlay's store, Tarawera, a gold watch, nf the value of £B, the property of Mr H. Wall. In defence, the prisoner raised a quibble about the date, and stated that he had bought the watch for £4 10s of a " swagger." It was shown that he had made no attempt to indicate snch a person, or to obtain any evidence in defence. Tho Court considered the case a very clear one, and the defence impudent.—Sentence—nine months' imprisonment with hard labor.

Thomas Cunningham was charged with stealing a mare, the property of G. M. Hewson : a mail contractor. Prisoner, having hired the horse for two 'lays, for 8s Gd, sold it to Mr James Boyle for £3 10s. His defence was that he had bought the horse, and paid the 8s Gd as earnest-money. This was denied by the prosecutor, who admitted that he had agreed to sell the horse at a future date, but had said he could not possibly do so for six or seven weeks, as he had no other to supply her place.—Prisoner was found guilty, and sentenced to two years' imprisonment with hard labor. Thomas Lynch and Alexander Moore were then charged with receiving certain whisky, knowing the same to be stolen. It will be remembered that in the forecastle of the Opotiki, which ;was occupied by the prisoners on the night of the robbery, two of !}he three stolen bottles wore found unopened, though minus capsules and labels, and the third bottle was two-

thirds full. In this state it was produced yesterday morning, as evidence against Murphy ; hut when again produced, in the case against the two other prisoners, its contents had sensibly diminished —there scarcely remaining a glass of liquor in the bottom of the bottle. Considerable amusement ensued when his Honor pointed out the fact. The case against, the prisoners was vory slight, and his Honor remarked that Murphy himself in one good '•' pull," could Lave disposed of all the liquor actually missing. The prisoners were found not guilty and discharged ; but his Honor addressed them, seriously, pointing out that there was .still considerable suspicion against them. In the case of Joseph Wells, charged with stealing a £lO note from John Macfarlane, the jury found no bill. They also found no bill in the charge against Charles M'Calmont of rape upon Kate Bowyer,but found a true bill on the second count, of indecent tissault. A true bill was found in the case of George Saunders, of Poverty Bay, charged with receiving stolen grass-seed. The cases against Saunders and M'Calmont will be heard to-day, the Court,opening at 10 a.m. The civil cases—Cashmore v. Maney, and Galbraith v. Harding (new trial) will not be heard till Monday next, special juries having been applied for.