SUPREME COURT.

Nelson Evening Mail, Volume VI, Issue 55, 6 March 1871, Page 2

SUPREME COURT.

[Before his Honor Mr. Justice Richmond.] j cel3iinal sittings. ] This Day. The criminal sittings of the Supreme Court commenced this morning, when the following gentlemen were sworn in on the grand jury: — Messrs. H. G-oulstone, F. H. j Bluudell, C. B. Wither, J. Symons, W. S. Mortimer, A. G-. Jenkins, R. Levien, T. R. Hodder, T. R. Fisher, H. E. Curtis, H. Davis, J. Burnett, C. Saxtou, A. Warren, J. Woolley, Talbot, J. Sclanclers, A, Ottersoo, J. M'Donald, N. Edwards, J. M'lntosh, and J. W. Barnicoat (foreman). His Honor- delivered the following charge: — Mr. Foreman and Gentlemen, — The business of the present Criminal Circuit may be introduced in three words. There are ouly two trivial cases for trial; this state of things, I find, is not peculiar to this district, as I learn from a brother Judge, by this morning's mail from the south, that at Duuedin, one of our principal centres of population, there are only four cases awaiting trial at the Circuit Court opened at that place to-day. Gentlemen, if, as I hear on all sides, money is just now very scarce, it should be some consolation that crime is scarce also. I can recollect a very different state of things. I can remember when the Duuedin escort van used to dash iuto town weekly with its 20,000 or 30,000 ounces of gold, and, seated just above the iron bo^es, were some three or four unfortunates, who were the week's contribution to the quarterly calendar. All around, rode the troopers, the militarised constabulary, with drawn sabres. At that time we used to have as many as forty cases for trial. I am not going to utter any half truths about the conuectiou of gold and crime, or to contend that wealth, to a people wise enough anil virtuous enough to use it, is other than a benefit conferred by the author of all good ; yet a Criminal Court of Justice is no unfit

place to recall the profouud truth that "a man's life eonsisteth not in the abundance | of the things which he possesseth," and that, in the eyes of the Philosopher aud the Christian, the true prosperity of a people is something wholly different from what is implied in the addition of a cypher or 'two to the return of exports. His Honor then dismissed the grand jury, who shortly returned with a True Bill against William Hodgkiuson, for obtaining money under false pretences from David Angus, of Collingwood. Prisoner pleaded guilty. Sentence was deferred until nfter the trial of the next case, m which ho was one of thte accused. The grand jury, after some delay, returned with a True Bill having been' found against William Hodgkinson and Edward Asuwell, for obtaining money and goods from Burchard Franzen umler false pretences, the foreman stating that the delay htnl been created by the late attendance two of the witnesses, Burchard Frauzen and Joseph Harris. The following petty jury Tvas theu empanelled: — Frederick Schroder, W. Cross, James Lukins, H. L. N. Clarke, W. Flett, J. Tatty, F. Dymock, J. Ogilvie, ' T. R. Bullard, T. Ford, James Mills, aud J. Cann (foreman). Mr. H. Adams appeared for ths prosecution. Prisoners were undefended. As the whole of the evidence has already appeared iv our columns we do not consider it necessary to repeat it here. Prior to the prosecutor, Franzen, heaving the box, his Honor said, Mr. Franzeu you have delayed the business of the Court for a considerable time this morning by being late, what excuse have you to offer for having done so. Witness : There were no cahs, your Honor, at the Port at the time I wished to start, and I had to wait for one. His Honor then asked whether he was suffering from any infirmity that would prevent" his walking, mid receiving no reply, proceeded to administer a severe rebuke, and concluded by saying that he might think himself fortunate that his recognizances had not been estreated. To the witness Harris, also, his Honor read a lecture stating that, as a man of business, he should have known that Courts of lav/ were not tolerant, of delay on the part of the witnesses. Ho had laid himself open to being cilled upon to pay tlie full amount of his recognizances. The witness, haviug expressed his regret, was discharged. At a later period the Judge was informed by the Rev. G. H. Johnstone that Franzen had not understood the question put to him as to whether he was unable to walk, or he could have furnished a satisfactory excuse for being late, he having lost his toes from frostbite when in the Baltic; upon which his Honor called him forward again, and told him that, front his not replying to the question put to him, whether he suffered i'rom any infirmity, he had concluded that there wa,s no reason for his not walking from the Port and arriving in time, but he had since been informed that there was some excuse for his being late. He would recommend him on another occasion to secure an early conveyance. The evidence against the prisoners being concluded, Hodgkiuson, in addressing the jury, repeated the statement already' made in the Resident Magistrate's Court as to the manner in which he obtained the cheque. The Judge having summed up, the jury retired, and, afteiia few minutes absence, returned with a verdict of guilty. Ashwell ty^M^ Q sentenced to nine months imraflflHnt with hard labor ; and HodgjSflHHftpnine months for the first offenc'dHHKbicb. he had pleaded guilty, and tcß^BHPperiod on the second and the CoiMifajouTnexnintil Thursday