SUPREME COURT SITTINGS, HOKITIKA. CRIMINAL JURISDICTION.

Kumara Times, Issue 2057, 3 April 1883, Page 2

SUPREME COURT SITTINGS, HOKITIKA. CRIMINAL JURISDICTION.

(Before his Honor Chief Justice Prendergast.) Monday, April 2. His Honor took his seat on the Bench at 10 a.m. Mr Perkins (Crown Prosecutor), apologised for the absence of Mr Inspector Emerson, who had met with an accident and was confined to bed. The following persons were sworn in on the Grand Jury :—James Chesney, Frederick * Turner, W. Nicholson, H. R. Rae, W. C. J. Kortegst, Richard Gosson, J. Churches, M. W. Jack, John Nicholson, John Lange, F. J. Barker, T. Paterson, F. Dale, J. S. Lang, W. J. Eastgate, H. P. M'Keever, D. Cullen, A. Sornerville, W. W. Henderson, J. Pearson, H. Harvey. Mr Chesney was chosen foreman. J. Barton, A. Gumming and C. Malfroy were called, but did not answer*

His Honor congratulated the jury on the absence of crime in the district. It was creditable to the community to find that there was no charge involving any act of violence, nor did there seem any crime caused by poverty or distress. The jury would find no great difficulty in dealing with any of the charges. The first before him, was an indictment for stealing money from a fellow workman at Greymouth. The accused had made an admission. A case, involving more difficulty, was that of Shanks and Nelson, Here also, admissions were made by the prisoners, and he saw no reason why the Grand Jury should not hear evidence of these admissions. In the charge against Ferguson and Dunlop for stealing a cow, a great deal depended upon the identity of the beast, which, unquestionably, according to the evidence, the prisoners had killed. There was evidence to show that the beast was missed, and that prisoners had been on the spot where the remains were found. There were two other cases, one against Tennant for embezzling moneys belonging to the Crown. In this case there was also an admission, and apparently very strong evidence. The next case, that of Wylde, late rate-collector, treasurer, and town clerk of Kumara, involved a large amount of evidence, and a considerable number of witnesses. The function of the Grand Jury was to see if the evidence was such as made it right to bring the charges before the petit jury. It was not the duty of the Grand Jury to try the case. There were six iudictmentß agaiust Wylde, of three different classes, all except one for larceny being for embezzlement. His Honor then reviewed the charges against Wylde at considerable length, after which the Grand Jury retired to their room. The petit jury were then sworn in. True bills were found by the Grand Jury against Goutts, larceny; Tennant, embezzlement; Shanks, larceny; Nelson, larceny ; Wylde, embezzlement, six indictments; Ferguson and Dunlop, cattle stealing. LARCENY. Enoch Coutts was indicted for having on the 10th March last, stolen the sum of £l9 from Timothy O'Shea. The prisoner pleaded guilty. Being the first offence, his Honor said he hoped he would be justified in inflicting the comparative light sentence of six months with hard labor. EMBEZZLEMENT. Augustus Eatwill Tennant, was indicted for having on the 28th October, 1882, embezzled £ls, the property of the Crown. The prisoner pleaded guilty, and brought before his Honor the fact that he had already been five months in prison. The sentence of the Court was imprisonment with hard labour for nine calendar months. • LARCENY. Gavin Shanks was indictad for having on the 19th September, 1882, stolen 461bs. weight of tobacco, the property of Paterson, Mitchell and Co., from a vessel called the Elibank Castle. The prisoner, who pleaded not guilty, was defended by Mr Purkiss,

His Honor summed up, after which the jury retired, and after an absence of an hour, returned to Court with a verdict of " not guilty." Peter Nelson, stood indicted for having on the 13th September, 1882, stolen 461bs. of tobacco, the property of Paterson, Mitchell and Co. The prisoner, who pleaded not guilty was defended by Mr Guinness.

The Crown Prosecutor offered no evidence, and the jury found a verdict of " not guilty." The Court adjourned at 5 p.m., until 10 o'clock this morning.. [By Telegraph.] [special to kumara times.] Hokitika, April 3, 3.15 p.m. The Supreme Court opened punctually at ten o'clock this morning. James Wylde surrendered to his bail. The Registrar then read the indictment containing three counts for embezzlement of three deposit cheques for £5 each, and one for £2, between the 31st day of July and the 15th day of August. On being asked how he pleaded, the answer in a firm voice, was "Not guilty." The following jury were then empannelled : —Arthur Head (foreman), J. Cropher, H. Eastman, J. Shannon, J. Hammond, R. Campbell, F. Clarke, J. Hansen, J. Meagher, R. Cunningham, and W. Gates.

The Crown Prosecutor challenged the following jurymen:—J. Dellacosta, J. Douglas, Martin Morris, J. Hamilton, 0. F. Holmes, Walter Raleigh, Thos. Duff, Wm. Evenden, Anderson, F. W. Morgan, and J. Gilbert.

A. C. Campbell and 0. W. Anderson, being Kumara Borough Councillors, were ordered at the request of the Crown Prosecutor, to stand aside. ■ Conncil far the defence, challenged T. Maloney, P. O'Neill, P. O'Reilly, J. O. Gorman D. Ryan, and J. M'Millan.

The indictments were then read over to the jury, and they were then sworn a true verdict to give in accordance with the evidence advanced.

Messrs Perkins and Harper appear on behalf of the Crown; Messrs Guinness and Purkiss for the accused.

Mr Perkins, on opening the case, made a most bitter and damaging address, commencing with Wylde throwing obstacles in the way of the audit. He exhibited the cash-book and ledger shewing leaves torn out, also erasures and alterations, and that the charges before the jury would be clearly proved. The amount involved in the indictments altogether amounted to £29 16s. The cheques embezzled would be traced to the accused, who had used them for his own benefit. The address lasted for half-an-hour.

Afterwards J. O'Hagan was called to prove the formation of the borough, and that by the book the amounts with which accused was charged with embezzling did not appear and were not accounted for.

The examination in chief of the witness O'Hagan lasted two hours, the cross-exam-ination half-an-hour. The evidence in the main was a repetition of that given in the Magistrate's Court at Kumara. The evidence for the prosecution will take all day.