The Nelson Evening Mail. THURSDAY, JULY 2, 1868. SUPREME COURT.

Nelson Evening Mail, Volume III, Issue 154, 2 July 1868, Page 2

The Nelson Evening Mail. THURSDAY, JULY 2, 1868. SUPREME COURT.

. CRIMINAL SITTINGS'. (Before his Honor Mr Justice Richmond.) Wednesday, July I—Continued.1 — Continued. James M'Culloch, charged with having at Collingwood, on the Hth of January last, stolen 13 sovereigns, a miner's right, gold bag, &c, the property of James Flynn. The prisoner pleaded Not Guilty, and was undefended. The Crown Prosecutor having opened the case, James Flynn, the prosecutor, being examined, said that he mec the prisoner on the evening of the 15th January, at Mr Miles's public-house at Collingwood. They afterwards went td Schaefer's house, where they played cards, the witness having on his person 13 sovereigns in a purse, inside a shot bag, with some silver in another pocket. It was safe when they .both went to bed, bothsleeping in the same room. On discovering his loss the next morning, he asked the prisoner if any oue had slept in. the room that night. The prisoner enquired why he asked this, and witness then went down stairs and announced his loss to the landlord. The prisoner and a man named Dixon, who was stopping in the house, were searched,. Some notes and a watch were found on Dixon, and a threepenny piece on the prisoner, The witness then returned to the Rocky River, ■where he was digging. He had recognised some of the property lost; this morning, including a gold bag, and shot bag, and a receipt. ' The prisoner said he was expecting his wife in Collingwood, who had mouey with her, but that he had no money with him then. W. Schaefer, being sworn," said : I keep an hotel at Collingwood. The prisoner and Fiynn . slept at my house cn the 14th January last, and in the same room. Nc one else slept in the:room with thera. Fij nn was a little the worse, for liquor when he went to bed, but could walk firstrate, and knew what he was about. The prisoner was not so bad as he, and was not perceptibly in liquor. Flynn went to bed an hour and a-half before the prisoner. I saw Flynn with money in his possession, and on the 3rd January the prisoner had no money, and could not pay me for .the meals he had had in my house. Two days afterwards he wanted a bed, and I would not give it him unless he paid for it. The morning after the robbery the prisoner left the house before I was up. Sarah Schaefer, wife of the last witness, corroborated bis statement, and added that some of the articles lost by Flynn were found in the mattrass of the bed opposite that in which the prisoner slept. It had been ripped up and the bag tucked in. J. D. Brace, a publican residing at the Slate River, being sworn, deposed to seeing the prisoner at his house on the 14th January, and again on the 16th, when he requested him' to inform his wife that he had gone overland to Nelson, because he had not money enough to, pay for a passage | by steamer. When next the witness saw him, he was in charge of the police on board the Lady Barkly. Joan Graham, a special constable resident at Takaka, deposed to having arrested [the prisoner on the 16th January, on board the steamer, at Waitapu, he had on him eight sovereigns, two ' half-crowns, and some small change, which was tied in the cornerof his pocket." The prisoner, on being called on for his defence, complained that he had been refused a copy of the depositions, for which he had applied, and was consequently not prepared to address the jury. The Chief Gaoler, in reply to his Honor's enquiry on the subject, said that the prisoner had only asked for a copy of the depositions on the previous night; that a copy would have cost 10s., and the prisoner was quite without funds. His Honor said that the fact that a prisoner was without funds must never be allowed to stand In the way of his obtaining a copy of the depositions on which he was arraigned. In the present case, however, the prisoner had only himself to blame for not having asked for the depositions earlier, and in case of refusal, might have applied to the Visiting Justices ef the Gaol. His Honor then summed up, carefully placing before the jury any points which might be deemed favorable to the prisoner, and the jury having retired, after about a quarter of an hour's absence, returned into Court with a verdict of Guilty. The prisoner reminded the Judge that, his case having stood over from the last sitting of the Court, through the absence of witnesses, he had already been six months in Gaol, and his Honor then sentenced him to six months' imprisonment with hard labor. The Court then adjourned until 10 o'clock this morning. Thursday, July 2, Edward Plowden, who had pleaded guilty yesterday to stealing a horse at the Kaikouras, the property of a Maori, named Hoani Paratene, was brought up for sentence this morning.' The prisoner stated that it was the first time he had ever been placed in such a position, and he would .* take good care it should be the last. His Honor said. he. believed this statement, though his perusal of the depositions induced him to believe -that the prisoner intended from the first to take the horse. This probably arose from the very loose notions which prevailed . especially amongst those who had- been;. engaged? in the war in the North Island, as to the rights of the native, population,, which would be guarded .

with equal jealousy with those of Europeans, for the law recognised no distinction of race or color. His Honor then sentenced the prisoner to one year's imprisonment with hard labor in Picton Gaol. George Brown was charged -with having, on the 29th February last, at Westport, committedjja felonious assault on Mary Melville, a child seven years and six montli3 old, with intent, &e. The prisoner, whose physiognomy is of a very low type, pleaded Not guilty, and was undefended. The details of the case are quite unfit for publication, but it appeared from the evidence that the child had been induced by prisoner, whom she met outside the Theatre, to accompany him into the bush , where the assault was committed. Tbe child's evidence was obtained with great difficulty, but the medical testimony left no doubt that the capital offence had been attempted, though it had not been consummated. ' The father and mother of the child gave evidence, and also Dr. Warren, who had examined her shortly after the alleged assault was committed, with two females who knew the child, and had seen her walking with the prisoner on the night in question. The prisoner when called upon for his defence, handed in a statement, written for him, solemnly avowing his entire innocence of the charge made against him, and requesting that the evidence of Constable Pringle, who arrested him, might be j taken. Pringle was examined but no evidence | was elicited which was favorable to the prisoner. His Honor summed up at considerable length, carefully weighing evidence for and against the prisoner, and calling the attention of the j ury to tbe peculiarly unsatisfactory character of the child's evidence, which, had the charge not been substantiated by other witnesses, must have resulted in the prisoner's acquittal. The jurv retired at 10 minutes to 1 o'clock, and the Court then adjourned until 2. The jury, after au absence of a few minutes, returned iuto Court with a verdict of Guilty. Sentence was deferred until to-morrow morning. John. Jenkins was charged with perjury committed on the 9th of April last, at Westport, during the election ot a member for Westland North in the House of Representatives. It appeared, however, from the statement of the Crown Prosecutor, that the prisoner had not taken in its entirety the oath prescribed by the schedule of the Act of 1858 to be taken in such cases before the Returning Officer. His Honor therefore decided that the lull conditions of the Statute had not been carried out, and directed a verdict of Not guilty, to be recorded. The prisoner was then charged with unlawfully personating a certain John Smith, the holder of a miner's right. Mr Kingdon appeared for the prisoner. The Crown Prosecutor having opened the case, called Dr. Giles, Goldfields Warden and Returning Officer at Westport, whose examination was proceeding when our reporter left the Court.

Two actions of more than ordinary interest will come on for hearing during the civil sittiugs of the Supreme Court, which commence on Monday, the 13th inst. We . allude to the case for the recovery of. the insurance on the Masonic Hotel, destroyed iu the last great fire, brought by the proprietor, Mr Trimble, agaiust the New Zealand Insurance Company, and the case Apted v. Kynnersley, with the origin of which our readers are well acquainted. Only one more case remains to be tried during the present criminal sittings of the Supreme Court, that of Patrick Rough, and the grand jury were unable yesterday to arrive at a decision upon this case, in consequence of the absence of a principal witness, who is expected to arrive by the Kennedy to-day. Our readers will be gratified to learn that Mr Fox has been elected a member of the House of Representatives for the Rangitikei district; and thus Mr Stafford will no longer have it all his own way, and the honest and independent members will have a guide in the House in whom they can safely confide. He is strongly opposed to an income tax until positively required. He denounces Mr Stafford's selfish and centralising policy, and stigmatises the nefarious Public Debts Act as having been framed to put money into the pockets of stockjobbers at the expense of the colony, We trust that Mr Stafford's days are numbered, and that his army of placemen will be dispersed. We are informed by Mr F. Huddlestone that the English song-birds which arrived by the Gertrude from England for the Acclimatisation. Society about three weeks agb, and which were all in a very healthy condition, were released on Tuesday last. We would therefore caution the youthful sportsmen of this city and its suburbs against the consequences of molesting these new arrivals. We are confident that our readers will appreciate the following anecdote, for which we have the best authority. A few weeks ago, a gentleman was visiting the gaol at Dunedin, ahd whilst going over the various departments of the establishment observed a prisoner busily employed in forming an inscription with white shells upon a grave within the precincts, of which inscription the word 'Peace' had been c6mpleted. His curiosity was awakened, and in reply to his inquiries he ; discovered _ that the grave was that of

Jarvey, who was executed some time ago for the murder of his wife, and that the prisoner thus employed was no other than Sullivan, of Maungatapu notoriety. So touching au instance of sympathy between two such exemplary members of society will surely be admitted to be most edifying. It is satisfactory to know that this archmiscreant has no reason to congratulate himself on his removal to Dunedin, where the regimen is very strict, and where his fellow-prisoners evince no desire whatever to cultivate his companionship. Thf Otago Provincial Council during its last session passed a Goat Nuisance Abatement Ordinance, which provides that all goats shall be registered and furnished with collars.- This Act, in its present : form, only applies to the townships and municipalities of the province, but we, understand that it is intended to extendits operations to the interior of the province generally, and our readers may judge of the active employment which such sapient legislation is likely to create . for the owners of these useful aniihals^ when we state that on the Dunstan and other diggings of Otago, many of the residents are proprietors of upwards of,. 100 goats, whose 'collariug' (in every - sense of the word) will give them ample occupation, should the operation of the ordinance be thus extended. The Lyttelton Times mentions a specimen of fibre prepared from the ordinary 1 • native tussock grass, which has been re- , ceived at the office of that journal. The green tissue surrounding the fibre has been removed by soaking the grass in water, and afterwards rubbing it. According to the sample alluded to, the .fibre is. fine and silky, and no doubt is capable of being worked up into many varieties of textile fabric. It would seem that we have in this despised tussock grass a material which could be converted into a grass cloth, similar to that exported so largely from India and China. * The Marlborough Express of the 27th uit states that a movement is on foot for the formation of a Joint Stock Company for the erection of a flour mill at Kaikoura.