Circuit Court.

Hawke's Bay Weekly Times, Volume 1, Issue 47, 25 November 1867, Page 291

Circuit Court.

WEDNESDAY, 20th NOVEMBER. - . ' criminal sitting. His Honor Mr, Justice Johnston took his seat 'at 10 a.m. In bis address to the Grand Jury he referred to the alteration 0 1 the.title .of the Court and the name of the district to the Circuit Court, Wellington District, and stated that the sittings were to be held in the months of November and May, instead of February and August as hitherto. He said the delay of the sitting was owing to the Court having an unusual quantity of business in Wellington. He stated that a great body of law, much of which affected the admininistration of justice, had been passed in Wellington during the late session of the Assembly, that some of these Acts which had already come into force, had not been placed in the hands of the Judges, so that they had actually to administer laws with which it was a physical impossibility that they could be acquainted. He described this as a great scandal. He stated that the English consolidated statutes, the preparation of which had occupied various committees some twenty years, had been adopted by the Colony. He then briefly alluded to the cases before the Court, and congratulated the Province on the general absence of crime.

assault. Winitia Kepa was charged with having on the 4th October, at Havelock, assaulted one Sarah Collison, wife of Mr Edward Collison.

Mr Hamlin was sworn to interpret. The prisoner pleaded Not Guilty. The following jury was empanelled : J. Dinwiddie, foreman, G. McCaul, W. White, G. Wilkie, G. Sneller, A. Grant, R. Marshall, J. Evans, W. S. Baxter, Thomas Campbell, Thomas Neagle, and Joseph Hammond.

Mr Wilson addressed the jary for the prosecution, and medical evidence was called, which proved that the prosecutrix, from causes unconnected with the assault, was unable to attend.

George Sisson Cooper, sworn, deposed that he was a Resident Magistrate at Havelock j that on the Bth day of October Mrs Collison made a deposition before him, which was taken down and signed by her; that he read.it over to the prisoner in the Maoti language; that the prisoner did not exercise his right of cross-examination ; and that he (witness) identified a document produced as the evidence of Mrs Collison. The deposition of Mrs Collison was then read. She deposed that she was the wife of Edward Collison, and resided at Havelock. On the 4th October the prisoner called at their house with some wheat; that her husband bought a bag, and soon afterwards went away; the prisoner also went away, leaving his dray. In about an hour and a half he returned, came into the house, and sat down on a chair. She asked him what he wanted, and he replied nothing. She told him he had better go and take his dray away. He then said he wanted some bread. She said she had not any, except some she wanted for her children. He then began looking under the table and sideboard. She told him to leave her things alone, and attempted to put him out. She took a piece of wood and struck him. He took it from her, and thrust her against the wall with it.' She then'tried; to get ont, but he stood in the doorway arid prevented her from leaving* arid threw her down on the floor. While.ori the floor he struok her a blow on the head with his fist, and also on the knee. She rose up and attempted to go out, but he said he would make a pakaru, of her. He struck her a blow which caused her to fall backwards on the floor, knocking a child down with her. He dragged the child away, and assaulted her in an indecent manner. She struggled and screamed and got away from him, and went to the cupboard and got him the bread. He took a knife to cut it, which he shook over her head in a threatening manner. He then told her not to move, and went away.

The Maori’s statement was then read. He said that he went to Mr Collison’s house with wheat, and asked if they wanted any. They bought a bag for 145., and. only paid him 135., telling him they would pay him the rest by-and-by. . He afterwards went back for the shilling, and there was only the woman in the house. He went to the fire to light his pipe, arid asked her for some bread, saying he was very hungry. She said, “Go out, you - Maori* go out j hook it, you —— He said, “ These are bad words,” and she took a stick and threw it at him, hitting him on the shoulder. He got angry andseized the bvead, and tried •to go out, but she caught hold of his.jacket arid detained bim. : He pulled it away, and she fell on the floor by the table. He then went out,and she followed, screaming. In answer to a question from his Honor, Mr Cooper said that Mrs- Collison' was about medium size, and not particularly strong, arid that at the time of the assault she was very near her confinement. - v The prisoner declined ‘to add anything to his previous statement. ; ' '■') ' 'il : His Honor then summed up the evi ; dence, arid remarked that in every particu-. lair except that of the violence, the woman’s statement was corroborated' by the priso uer, arid that his statement that she soreamed. showed the great probability of the. rest of her account* as it was rather improbable that if he had done no more than appeared in his defence, that she should have aoted ao. >He asked if any one in'Court could testify tri the-character of the prisoner. ■ . Mr Hamlin said he believed the was a Waikato native, hut did not know of anything in his favor. BEe had known ofhisbeing' guilty ofah of a tunilar character; •

GChe. j ury, withoat ret hung, returned a verdict of guilty; and his Honor sentenced the prisoner to imprisonment for two' calendar months,' cautioning him that if he should' again "appear on any such' -charge he phould receive a much’ heavier- sentence.

The Pahehas always considered a man who would strike a woman as a great coward. ' The'prigsent; sentence was) extremely* light, but" it it . had been ehown that- ha had done Mrs Colliaon any bodily injury he would not have eseaped so easily. ■ ■ EMBEZZLEMENT. • The Grand Jury having found a true bill against Robert James Curtis for embezzlement, his Honor discharged them with : the. thanks of the Queen and the Colony.'The prisoner, -being indicted, pleaded . Guilty. His; Honor then discharged all waiting jurors.. , , His Honor asked several questions with reference to the ordinary means of carrying on the business of the Custom House; considered that there were not.sufficient means* of checking the accounts of the officers. It was stated that a large portion of ■ the amount embezzled, had been accounted for by the fact of the prisoner having allowed certain merchants to withdraw goods from bond before paying the duty. These sums had been recovered, and reduced the amount of the defalcations to £240. His Honor reserved sentence till Monday, the 25th, .and the Court adjourned.

FRIDAY, NOVEMBER 22. SITTINGS IN INSOLVENCY.

His Honor Mr Justice Johnston took his seat at 10 a.m. There being no minor jury sittings the jury wes, discharged. The Court sat at 11 a.m. in its insol* veney jurisdiction, for the following report of' which ’we are indebted to, our local cptempprary, our own reporter beiug unavoidably absent:— , . to RE WILLIAM SIMMONS. Mr Lee appeared for petitioner. There was no opposition ; and order was made for his final discharge from schedule debts at expiration*of six months from date, protection meanwhile. IN KB LEMUEL SAYWELL. This was a first hearing. . [ * Mr Wilson appeared for petitioner. Mr J. M. Stuart opposed discharge, but Baid that no notice of the meeting bad been served upon him, and he was unprepared to go into the grounds. Ordered to stand over, till Friday, the 29th instant. . / : to KE GEORGE PILCHER. . 'This was a final bearing. Mr Wilson for debtor. , The debts were £2BO, and the proceeds of estate £22. , ; Order made for his final discharge from schedule' debts at the expiration of. six months from date; protection meanwhile. IN BE JOHN BIGBY. Mr Lee for debtor. Debts, £1585 ; no.assets. There was no opposing creditor. Mr Lyndon was appointed trustee; and discharge ordered after six months, with protection meanwhile. IN KE J. A. TURNER. Mr Lee for debtor; a first hearing. The debts were £417 14s 6d; the only assets were assigned to Mr Maney. ; Mr Wilson, for Mr, Kinross, opposed interim.protection on the ground of improperly giving a preferential security to one creditor. . . , , . : • Final hearing was set down for 14th May, protection meanwhile. . .His Honor, in reply to Mr Wilson’s opposition, asked w;bat good'would result from refusing the, debtor protection? Under.the new Act, it would cost. 12s a week to keep a. debtor in gaol, and he apprehended that Mr Kinross would , not go,to this, expense.- .. IN BE W. CAMPBELL. Mr Cuff for debtor.’ \ Debts, £IBB. , 1 ' • Mr J. M- Stuart opposed, on the ground that the petitioner had obtained goods from him oh a certain false pretence. Ordered that Mr Lyndon be appointed trustee, and that the final hearing be fixed for the 14th May. ; IN BE DAVID BLACK. This w-as a first hearing. , < Mr .Cuff appeared, for the debtor, but said he knew nothing of his whereabouts. Mr Lee appeared on HeHalf Slack, the only creditor who, had? proved, and applied,that Mr Lyndon be appointed . trustee.:; ; : . ~Mr Lyndon appointed accordingly; the. £naj hearing set down for'iAtli May. : ' IN BE JOHN ANDEBSON. : . | ; , Mr'Cuff for debtor., , " - ; Ordered that ; ( a creditor’s meeting be , held on the : 28th inst., to recommend a trustee and thpmode of winding up ; . tiie ; ;.. izS ,l v - l«v. lit:; Gold HirNTtoO-.;—A day .or twojagojhe brothers Sweenpy- left Napier, , with' pipnty of: “tucker’’and othernecessaries.foi'the purpose/of making another attempt tp find ; : the; precious metal., We -Mhst they. ..will - hot.returni.to town As,we have said befqrej the disqpv.eryof a goid- ; JeastjfojTi, aitime,.;set Hawkq’s ; Hay ~on its . / .Brmed:,.yesferday,’ Is.jth.e^bearqr; ; ; pf ? jthe 7 ' MelbQurnoi:Ohrthe;3lst :Oct6ber. l :