The Nelson Evening Mail. FRIDAY, JULY 3, 1868. SUPREME COURT. CRIMINAL SITTINGS.

Nelson Evening Mail, Volume III, Issue 155, 3 July 1868, Page 2

The Nelson Evening Mail. FRIDAY, JULY 3, 1868. SUPREME COURT. CRIMINAL SITTINGS.

(Before his Honor Mr Justice Bichmond.) Thursday, July 2— Continued. 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 placed at the bar, charged with unlawfully personating a voter at the same election, by representing himself to be a certain John, Smith, voting in that name, and signing that name in the poll book. Mr Kingdori appeared for the prisoner. The Crown Prosecutor having stated that although he was unable to prove to whom the ininer's right presented at the election by the prisoner had been originally granted, he could show that the prisoner had stated that lie had purchased a miner's right that morning in order to vote. It having been established that miners' rights are not transferable, and that the persons taking them out are the only legal holders, The Crown Prosecutor called Dr. Giles, Resident Magistrate at Westport, and Principal Returning Officer of that district, who deposed to the prisoner having tendered his vote, together with the miner's right produced. Mr. Pitt, who was acting as scrutineer for Mr Home, requested that the prisoner might be sworn, and while the Gospels were being fetched, witness asked the prisoner his name, and he answered 'John Smith.' He then took the oath ; stating that he was the person whose name appeared in the miner's right produced, voted for Mr Gallagher, and signed the book as John Smith. As he was leaving the polling booth, Mr Pitt said, in an audible whisper, ■ That man has voted under an assumed name.' The prisoner then turned back, and said, as the witness believed, that he had purchased the right from another man, asking if there waa any harm in such an act, and that his real name was Jenkins. Upon this the witness called a constable, and gave the prisoner in charge for perjury and personation. MrH. Pitt, solicitor, of Westport, corroborated the evidence of the previous witness, adding that he had known the prisoner as a milkman in Westport for pome months past, and had for that reason requested that the oath might be. administered to him. - '*$ James Payne, the poll-clerk at the election, said that the prisoner had asserted that he had purchased the miner's right produced from another man, in order to enable him to vote. The Crown Prosecutor having commented on the evidence and asked for a conviction, Mr Eingdon contended, for the defence, that there -was in fact no case against the prisoner, who (though he had taken out a miner's right in the assumed name of John Smith, was really the person represented in the right) had erred through ignorance, since he would hardly haye attempted to carry out such an imposition in a place where he was so well known. The Judge theu summed up, and explained to the jury that if they believed that the prisoner was indeed the person who had taken out the miner's right, under the assumed name of John Smith, this would not amount to personation, and the prisoner must be acquitted. It would be for them to consider whether the evidence bore out this view of the case. The jury then retired, and after a short absence brought in a verdict of Guilty. His Honor, observing that the prisoner had already suffered much by this prosecution, sentenced him to one month's imprisonment, with hard labor. The Court then adjourned until 1 1 o'clock this morning. Friday, July 3. : George Brown, found guilty yesterday of having committed a felonious assault. -with intent, So., at Westport, on the 29th Eebruary last,' was placed at the bar for sentence. On beings-asked whether he had anything to say why sentence should not be passed upon a him, the prisoner was silent. "His Honor said that he did well to remain silent, for the offence of which he had been found guilty, was one which would not bear speaking of. He had reason to believe that it was not an unfrequent one in various parts of the country ; and it was necessary to make a severe example of •such offenders. In the present case, however, the sentence would be by no means disproportionate to the crime which the prisoner had committed. His Honor then sentenced the prisoner to 10, years' penal servitude, and* he was removed from the Court.

The grand jury having returned a true bill in the case of P. Rough, charged with embezzlement, made a presentment, through their foreman, N. Edwards, Esq., to the effect that, in view of the increasing frequency of indecent offences against the persons of children of tender years, they were of opinion that an alteration of the law of New Zealand might with very great advantage be made, to enable the Judges of the Supreme Court to order the infliction of corporal punishment on persons convicted of such offences. His Honor said he entirely agreed in the subject of the* presentment, which he considered a very proper recommendation, adding that it often happened in casses of this kind, that only the mere assault could be proved, and thus only two years' imprisonment could be inflicted, whilst it was owing to the purest accident that the offender was not made amenable to the highest pnnishment which the law could award. It was certain that some more severe peualty in such cases was needed. His Honor then discharged the Grand Jury, thanking thern-in the name of the Colony for their services. Patrick Rough was charged witli having at Westport on or about the 21st February last, embezzled certain small sums, the property of his employers, Messrs R. Caldwell Reed, and David Curie. The prisoner pleaded Guilty, and called on Mr Reed to speak to his previous character, who testified to his honesty and industry, and the prisoner then made a statement to the effect that he had committed the offence in order to enable him to assist the family of a friend in distress, intending to replace the monies abstracted, and appealed to the Judge to consider in passing sentence the mental agony which he had already endured. The Judge said that this case differed in no wise from the generality of cases of the same character which came before him, in which persons of previous good character had betrayed the trust reposed in them, but he saw no reason for making the sentence heavier iu this instance than was usual in the case of first convictions, The punishment for embezzlement was very properly more severe than that for simple larceny, as the persons convicted were generally individuals in whom confidence had been placed, and his Honor concluded by sentencing the prisoner to one year's imprisonment with hard labor. This terminated the criminal proceedings of the Assizes, and his Honor then declared the Court adjourned until Monday, the 13th instant, at 10 a.m.

We notice that the time table for July gives Tuesday next, the 7th instant, as e the date of the departure of the Panama Mail from this place, and not Sunday next, as appears in the Colonist of this morning. The Mail will, we understand, probably close either at a late hour on Monday evening or early on Tuesday morning, as the Ruabine leaves Wellington on Wednesday, the Bth inst. The Rev. P. Calder announces a course of 'Lectures for the Times,' on subjects of popular discussion at the present moment, to be delivered at the Presbyterian Church on Sunday evening next, and on the five following Sundays. At a meeting of the members of the Nelson School of Arts, held on Monday last, a proposition was put to the meeting and carried, that a working committee be formed, composed of working members of the School, taken from the upper and lower divisions, as may be thought fit, to look into, consider, and manage business connected with the working of the School of Arts, and that a head committee be also formed, composed of honorary members, for the purpose of awarding prizes &c, to the different classes and divisions that may at any time come under the head of the Nelson School of Arts, and also to arrange and settle any question that may at any time be handed over by the Principal and Working Committee. It was also resolved that a School of Art free certificate be awarded as a prize to such of the Government schools as shall be thought fit, quarterly or halfyearly, as the case may be. Other resolutions were passed, and the meeting separated. We have received a communication from Mr E. J. Brock, M.R.C.V.S., with reference to the paragraph announcing the death of Mr H. Stafford's mare Omen, which appeared in our issue of Tuesday last, from which we learn that the information received by us as to the cause of her death was in some degree erroneous. Mr Brock states that he had attended the mare during her illness, and did not consider the disease from which she suffered to be influenza, and that no post-mortem examination was made, as the mare was partly buried when he arrived at the stables at Annesbrooke. The cause of her death, therefore, can but be a matter of conjecture. The barque Island City arrived this morning, after a successful trip, having left Newcastle on the 19th ult. Captain Turner reports a melancholy casualty which occurred on board the barque Indus, which, it will be remembered, put in here for provisions about six weeks' ago, on her way from Dunedin to Newcastle, It seems that as the Indus was quitting this port, only half an hour after the pilot had left

the barque, the chief mate fell overboard from the forecastle. The body never rose, and was not seen again. The brig Deva, laden with coals, on her way from Newcastle to Nelson, was sighted by the Island City. We have inspected a design by Mr Scotland for a new shop to be erected in Trafalgar-street for Mr Thomas Milner, which, with that about to be put up for Mr Rentoul, will complete the handsome range of buildings which will constitute such an important improvement to the architectural appearance of the principal street of the city. The building is very similar to those erected from the designs of the same architect for Messrs. Phillips and I. Johns, except that the upper story bears modlilions and enriched architraves, and is more lofty, whilst the lower story bears a double and single shop, over which, enriched cornices are carried. The style of the capitals of the columns is Corinthian, and the. whole effect is rich and satisfactory. The Christchurch Evening Mail states that Mr T. B. Bain, Clerk to the Resident Magistrate's Court, Christchurch, has been arrested under very suspicious circumstances in Dunedin, where he had taken passage for England on board the ship Bouverie. It is enough to say that a discrepancy appears in his public accounts, but as yet nothing definite has been ascertained. The fol.owing somewhat interesting letter from a miner in Shortlaud to a friend here has been handed us (Westport Star) for publication. The letter is dated the 11th ult., "and says : — 'l have been here eight days, and find things in an unsettled state. Living here is very cheap. The greatest part of the ground is held by Auckland men, who know nothing about digging, but get quite excited when they pick out a small specimen. There is no regular defined lead of quartz reef, but the ground is full of small undefined leads, some of which are very rich. There are from eight to a dozen West Coast men who have got very good shows, and who expects £500 to £600 for their interests. The Commissioner's report of Kennedy Bay was false. There were no alluvial diggings there and the people have all returned here. There are from six to seven thousand people here, and with the exception of a few quartz reefers, Hunt's party and a few more, there are none gefcting gold. The Grey River Argus, June 27, states that a very melancholy and fatal accident occurred on the South Beach yesterday afternoon, by which two miners lost their lives. It appears that a few hundred yards from the Half-way House, on the Grey mouth and Saltwater Tramway, a party of miners were employed cutting a tail race to the beach. At dinner time yesterday some of them "knocked off' and went to the hut, leaving two of their mates — named Stephen J. Macklay and James Green — at work. Nothing is known as to what happened in the interval, but when the mates from the hut returned to their work they found the race fallen in, and the two men who, had been at work partially buried in the race, and drowned by the water being backed up on them by the fallen earth before they could extricate themselves. Had any person been near to let off the water, they would have been saved. The mates, and others from the neighborhood, at once set to work to dig the unfortunate men out, which they soon succeeded in doing, but they were then found to be quite dead.