SUPREME COURT.

Lyttelton Times, Volume V, Issue 257, 18 April 1855, Page 6

SUPREME COURT.

The Sitting of the Supreme Court took place in the Town Hall, Lyttelton, on the arrival of the Judge, Mr. Justice Stephen, on Thursday last, at 11 o'clock. The Grand Jury having been sworn in, the learned Judge proceeded to deliver his charge. He congratulated them upon the lightness of their calendar. It was a source of satisfaction to find that in a settlement containing' so many inhabitants, and spread over so extensive a district, the Canterbury Province should be so free from serious crime. At present there were but three, cases to be brought under the notice of the Jury, and they were not of a difficult or aggravated character. Nor was there any point arising out of these requiring any lengthened explanation from him. The only case he should particularly allude to, was (he charge of sheep stealing. It would appear on the indictment that the prisoner was charged with stealing 1000 sheep. The offence was complete if evidence was afforded of the theft of one sheep. The offence, in the eye of the law, was the same whether 1 sleep or 1000 were stolen. But in this and any other case coining before the grand Jury, the point for them to determine was, whether the evidenceadduced forthe prosecution was of a character to justify their belief in the prisoner's guilt, or that there had been a sufficient case made out from which it became his duty to clear himself. The rest was for the Court and the common jui'y to determine. With these observations he would dismiss them to their room. The grand Jury soon afterwards sent up a true bill against Win. Johnston. Mr. Gressou applied to the Court on the part of the housekeeper of the late Mr. Twigger for power to keep possession of the property in her charge until letters of administration could be taken out—Granted. On the application of Mr. Dainpier letters of administration were granted in the case of Mr. Haylock, late of Akarua. William Johnson Hood was then placed at the bar, and pleaded guilty to the charge of stealing sundry "foods from the dwelling-house of T. C. Cookson, Esq.—Sentenced to 12 months hard labour. James Mackenzie was charged with stealing on the 1st of March last 1000 sheep belonging to the Messrs. Rhodes. The prisoner endeavoured to evade the responsibility of his crime by pretending not to understand the English language, and he occasionally gesticulated in Gaelic: but upon the empanelling of a jury to decide whether he was really ignorant of the language, several witnesses proved that they had conversed with him in English, which at these times he appeared to understand perfectly. The jury decided the prisoner was guilty of "mute of malice." when the Judge directed a plea of

"not guilty" on the charge of robbery to be recorded, and the trial proceeded. John Henry Sidebottom being- sworn, stated that he was overseer of the Messrs. Rhodes's sheep station at Timaru. Had traced the sheep missing from the Messrs. Rhodes' run to a place called Manahnni under the snowy mountains. Found them in the possession of the prisoner. On asking the prisoner whether the sheep then with him were all that he had taken, he replied " Yes,' with the exception of 2 that he had killed. The prisoner had a bullock with him which he said he had bought at Otago for £20. Having asked him where the bullock was when he took the sheep from the Timaru run, he replied, " Down the beach." He stated that he had no mates with him, although traces of other men could be seen. After talking with him about 2 hours the dogs began to bark, and the prisoner jumped up and began to ko-hi. Upon being questioned what he was kohi-'ng for, he stated that " they were his mates," but witness was not to be afraid, they would not hurt him. Witness told the prisoner that he should not wait any longer, and made him pack his bullock aud lead it. It was a moonlight night, but foggy. 0n going up a steep hillside, the prisoner escaped, and he had not seen him again until to-day. Could swear to the prisoner being the same man, and could also swear that the sheep in his possession belonged to the Messrs. Rhodes. Edward Seager, sergeant of Police, proved the capture of the prisoner at Lyttelton on the 15th of March. Christopher Charles Bowen sworn—Was clerk to the Magistrates on the 16th of March. Prisoner was" charged on that day with stealing sheep from Messrs. Rhodes' station, and pleaded, guilty. Appeared to understand English. Questions were repeated to him in Gaelic that there might be no doubt in the case. He stated in English that he took the sheep. The depositions having: been read, the Jury returned a, verdict of Guilty. The prisoner, after an impressive address from the Judge, was sentenced to 5 years' hard labour. Jane Cloud, charged with receiving sundry goods, the property of Frederick Mason, baker, of Lyttelton, knowing them to have been stolen, surrendered to her recognizances. The prisouer pleaded " not guilty." F. Mason stated, that about the Bth of March he found concealed in his bakehouse a bag containing two loaves, a bottle of -wine, 3 lbs. of butler, and 6 lbs. of sago ; suspecting that they were secreted for some felonious purpose, after questioning one of his boys, he obtained a warrant to search the house of the prisoner. On searching the house he found three bags containing flour, and "one of sugar. Could swear to the goods found being his property. In answer to a question from one of the Jury, witness stated that he was certain the flour was his, as it had been sifted, and it is not usual to sell flour sifted ; he could swear also to the bags. Edward Hurry proved to the finding of the goods in the prisoner's house. Robert Cams, step-son to the prosecutor, stated that he took the goods produced in Court from Mr. Mason's store to the prisoner's house at her request, for which he was to receive half the value. He only saw the prisoner's husband on one occasion, at which time he remonstrated with her for encouraging the boy to rob his employer. The prisoner in defence stated that the goods now produced were her own property, purchased by herself. Verdict, "Guilty." Mr. Eades, linen-draper, having been called, spoke in favour of her character. Sentenced to three months' imprisonment, with hard labour.

The Grand Jury having discharged the duty imposed upon them, His Honor after entering into an explanation of a point of law which had heen raised by the jury, thanked them for their attendance, "it was a source of satisfaction to him to find so ready a disposition existing among them to facilitate the business of the court, and the more so, because their attendance was not compulsory. It was impossible to time his arrival at Canterbury with so much accurracy as to enable a jury to be summoned without some personal inconvenience, but they might rest assured that every desire existed on his part to render their attendance as little irksome as possible.