SUPREME COURT,

Nelson Evening Mail, Volume V, Issue 179, 1 August 1870, Page 2

SUPREME COURT,

Criminal Sittings. [Before his Honor Mr. Justice Richmond]. This Day. The Court opened at 10 o'clock this morning, when the following gentlemen were sworn in on the G-raud Jury : — W. H. Turner, J. M. Pierson, T. Mackay, H. Groulstone, R. P. Bain, C. H. Brown, W. S. Mortimer, T. R. Fisher, A. G*. Jenkius, D. M. Luckie, G. Williams, C. B Wither, A. Warren, Beatson, Saxtou, F. Edwards, Biddell, PaLon, Greenfield, Davis, and J. W. Barnicoat, foreman. His Honor then delivered the following charge : — Gentlemen of the Gkand Jury — You are aware that the present sitting of the Court is held by adjournment from the day originally appointed, and I am apprehensive that the delay that has taken place may have occasioned some public inconvenience, which I much regret. The cause of this delay was, as you are no doubt aware, the call there was for my presence at the extraordinary sitting of the Court of App sal and Divorce Court in Wellington. Although the time was not fixed without much consideration, yet the complexity of the sittings of the various Courts is so great as to render it difficult to appoint a day without interfering with the arrangements of the Supreme Court in some parts of the colony. I had nevertheless hoped to be here in time, and did not give up that hope until too late to warn the witnesses and others. I trust however that for the future such inconvenience will be prevented. The calendar on the present occasion is not heavy, although it is somewhat larger than usual. The most serious case viewed in a public and social light comes from the West Coast, and take3 the form of a double charge, namely, malicious injury to property, and assaulting the police. There is some reason to believe that the disturbance arose chiefly among a class of her Majesty's subjects, who are placed in a peculiar position with regard to the law. I feel conyinced however that it is a mere local and temporary disease which most of us now present shall live to see the end of. The experience of the justice and equity of our laws will not fail to eradicate the symptoms of the disease, and all in this country will, I feel certain, learn to look upon the Government as a friend and protector, and to view the law not as a mesh ia which they might become entangled, but as a safeguard to their lives and property, and men will be content to remit their affairs to adjudication and not attempt to take the remedy in their own hands. There is one case of some gravity, but not possessing much public interest. A prisoner is charged with stabbing with intent to murder, but so far as the depositions go, the crime appears to have been motiveless. With regard to the Charleston cisa I would remind you that we must never allow the gravity of the offence to diminish our requirement of strict legal evidence against the individual accused, but, rather, that the graver the offence the more necessity is there for clear proof. There is nothing more that calls for remark from me and I now dismiss you to your duties. Mr. Pitt stated that, he appeared to conduct the prosecutions in thu absence of Mr. H. Adams who was indisposed. LARCENY. Thomas Murcott was charged with stealing certain goods from the dwelling-house of Henry Stroud Martin, of Waimea East. H. S. Martin deposed : That in January last his house was broken into in his absence, and a gun and sundry other articles stolen therefrom. Having reason some time after to suspect the prisoner, he took out a search warrant, and searched the house of the prisoner's father, where a paint-box that had been taken was found. The gun he recovered from Macfarlane. John Macfarlane stated, that he lived with his brother who kept an accommodation house in Motueka Valley. Prisoner came there in February last with d double-barrelled gun Tgun produced) which he said belonged to his father. He wanted to exchange it for a rifle I had, and left it on trial. Some time after, Martin came to the house aod took the gun awav*. John Steer, constable, said he arrested the prisoner on Ist April, on the charge of stealing the gun, and at the same time asked him where the paint-box was, to which he replied that it was in a box at his father's house. Search was made and the box found there. His Honor said before the witness left the box ke must warn Mn that he had exceeded his duty in putting direct questions to the prisoaer when taken into custody. Ths law mightbe too jealous on this point, but still they were bound to administer it as it was. No injustice appeared to have been done in this case, but he must warn the constable that he was nofc warranted in interrogating a prisoner when once in custody. The case for tlie prosecution having closed, the prisouer said that ha lud never been in Martin's j house. He found the gun and the paint-box in i the bush one day. He did not know what to do with them, so took them horns intending to give them up if he found an owner. He could neither read nor write, or he would have advertised them. He took the gun to the Buller with him, aud on his return Macfarlane made him swop it, against his will, for a rifle. The Judge having summed up, the Jury found a verdict of guilty. Sentence deferred till to mor- I row, at 10 o'clock. I

( OBTAINING MONEY UNDER FALSE PRETENCES. f G. H. Winter, charged with the above, pleaded guilty. Sentence deferred until to-morrow morn ing. STABBING AND WOUNDING. John Fielding was charged with stabbing James Hopewell, a passenger by the barque Alphington, on the 7th March la-^t. The evidence in this case was exactly similar to that given in the Resident Magistrate's Court, and which has already appeared in our public report. The Jury had not returned with their verdict at the time of our going to press. PERJURY. John White was charged with having committed perjury in the case of Harris v White for dabt at Westport. Mr. Conolly appeared for the prisoner. Dr. Giles R M. at Westport states that the case of Harris v White for £4 ss. had been tried before him, when both parties appeared, and it was considered necessary to enquire into the circumstances of the defendant. Prisoner was duly sworn, and on examination stated and repeated after serious warning that he had sold no share in any claim he possessed, and had received no I money whatever with the exception of £5 for a ' water race, which was the only payment lie had received from any person whatever for 14 months. He repeated on being pressed that he had no treaty, dealings, or negotiations with any person for the sale of shares or or interest in shares belonging to him. Cross examined. In the case of Harris v Wliite the plaintiff was a publican and his claim* was for board anc lodging. I gave judgment foi £2 2, as defend int had admitted having stayed at plaintiff's house for a certain time. The money was paid without demur. J. A. Keily, Sergeant of Police at Westport, corroborated the evidence of the Resident Magistrates. John Rome: On 2nd of July I purchased a share in a claim from the prisoner for which I paid £1 by way of deposit. On the 4th of July I paid him the balance of £44 for whicli I goo the receipt now produced. This closed the case for the prosecution,. Mr. Conolly argued that there was no ca~e for a jury, on the grounds, lst, that the jurisdiction of Dr. Gile3, as Resident Magistrate in the Nelson South- West Goldfields had not been proved ; and 2nd, that the false statement made on this occasion was not material to the issue. His Honor ruled that the qa2stions put by the Resident Magistrate were put in a judicial proceeding, and were material to the qicstion at issue. Mr. Pitt was summing up for the prosecution when our reporter left the Court.