SUPREME COURT.

Nelson Evening Mail, Volume IX, Issue 194, 17 August 1874, Page 2

SUPREME COURT.

[Before His Honor Mr. Justice Ri«hhond.] THIS DAY. The criminal sittings of the Supreme _ Court commenced this morning. The following gentlemen were sworn in on the Grand Jury :— James Beattie, F. H. Bluodell, C. Hunter Brown, A. S. Collins, P. Donald, J. R. Dodaon, C. Hartmann. F. Kelling, R. Levien^ F. Martin, J. Marsden, D. Macdonald, R. M'Rae, J. M. Pierson, A. W. Scaife, J. Sharp, J. R. Mabin, Talbot, W. H. Turner, J. Watkins, C. F. Wutte, W. Wells, A. Greenfield (foreman). His Honor, in charging the Grand Jury, said that tbe calendar this session was, as usual, short, but he was aorry to say thai, for the first time for many years, it would be their duty to investigate a charge of murder, a Coroner's jury having returned a verdict of wilfui murder against one person, and against another as being an accessory after the fact. The prisoners might have been arraigned on the inquisition, as the finding of a Coroner's jury was equivalent to that of a Grand Jury, but it was usually deemed advisable to submit such cases to a Grand Jury. He did not know whether any further evidence would be produced than that laid before the Coroner's jury, and if not he should have a word or two to -ay upon it. The evidence, uccording to tba depositions, was somewhat scanty, and purely circumstantial, as was usually the case in charges of murder, ond there was also an entire absence of any details of the. circumstances attending tbe alleged crime. The chief evidence was the state of the body. Tbat being so, and supposing there was nothing more to bring home the charge, he must tell them that it was a legal principle that when it appeared tbat a person had died a violent death at the hands of another the first presumption was that murder had been committed, and it rested with the person accused to adduce evidence in extenuation. This was a severe principle, no doubt, but so it was. Actual proof of malice aforethought, it must be remembered, was not necessary in tbe first instance. It might be that in the present case the prisoner would be : able to adduce evidence of his innocence, or, at any rate, such as would reduce the charge from murder to manslaughter' The evidence against the alleged accessory was particularly slight, and consisted, he believed, merely of tbe appearance of a few blood stains on his clothee, being present in the bouse when the crime was committed, and his having made a communication to one of the witnesses suggesting tbat she should conceal what she knew of the matter. The actual circumstances might be more striking than had appeared in the depositions ; however, if all tbat could be brought against him was the attempt to keep evidence out of the way, that was not sufficient to* render him liable to conviction. Of course it was suggestive, but be could not be found guilty of bei*-g an accessory after the fact, simply because he had endeavored to prevent evidence being produced against the offender. Strangely enough for this quiet district, there were two other charges of violent offences, but they would have no difficulty in dealing witb them. The calendar called for no further remark, and with regard to the general state of the district he bad nothing to aay. The Grand Jury then retired, and in a short time returned, having found True Bills in all the cases. MALICIOUSLY SHOOTING A SHEEP. James Brooks was charged with this offence. Mr. H. Adams appeared for the prosecution, and Mr. Fbll for tbe defence. The Crown Prosecutor having opened the case, called Walter Beattie Thompson : lama farmer, residing at Waimea South. On the llth of July, I and M'Conochie were on the tills. We saw two or three sheep standing by themselves. A little after, we heard a gun fired, A lot of -beep catne running down past us, and two dogs after them. I rode to the top o c the hill and saw prisoner coming after the sheep with a gun in hib hand. I asked him what he w_s doing there. He did not answer my question, but asked where his dogs were. M'Conochie told him they were killing the sheep below. He called his dogs, and they came back, and be then went off and loaded his guv. I called to him to come back, but he would not come ; so I rode after him and called to him, and he 1 came out of the scrub. I asked him what ho had been doing, and he said he wa.. shooting quail. I told him I had not given' him permission, and ordered him off. He wanted to go in the opposite direction to that in waich the sheep that was shot was lying. That was not his way hem?. I told him to go back the way he had ceme, and that I would follow him. I followed him up to the saddle, and waited there for Mr M'Conochie. He came up and joinel h'm, and I turned round and saw tbe sheep standing beside me. This was about 30 or 40 yards from where we heard the nport of the gun. The sheep was bleeding on the near side. We tried to catch it, when it run a short di-tance and fell. We found it was shot with a bullet through the shoulders. We looked about but could see nobody else, nor could our dogs find anyone. Had there been anyone else about, we should have seen them or their tracks. We left the sheep there. About ten days later I went back and found the sheep still there. I skinned it and gave the skin to Constable Knapp. Charles Knapp : I am constable at Waimea South. I produce a sheepskin given me by M'Conochie. I arrested prisoner on a charge of shootings sheep. He said he knew nothing about it, and had not fired off his guv ail the day. Cross-examined : The bush near where the sheep was shot use 1 to be a favorite spot for people pigeon shooting. Walter Thompson, recalled: I have seen no people Bhootiug in the bush for two or three months. Cross-examined : The sheep was shot with a bullet. The gun prisoner had was a singlebarrelled one. 1 was about twenty yards from prisoner when I saw him loading his - gun. I saw him put something in and ram it down. I feel certain he loaded his gun I saw him put a cap on. .

Thomas M Conochie : lama cattle dealer residing at Nelson. I was with Thompson on the llth of July. We rode up to Budge's bush, close to the saddle we heard a gun fired abont seventy yards from ns. We stopped still and saw some Bheep running over ths saddle towarls us Two dogs were after them. They were coming f*-om the direction in which we heard the report. We rode up to the eaidle and met prisoner thero Thompson asked him what he was doing, and he said he was shouting quail. We siw no one else about. He asked where hia dogs were, and I told him they were worrying sheep below. He said they would never worry another. We could only find the tracks of one person about. The day was wet. We found a sheep on the aaddle bleeding on one side. Cross-examined : When Thompson asked prisoner what he was doing there he aaid something about going to the staiion to look for work. This closed the case for the prosecution. For the defence, Mr Fell called the father and fis ter of the prisoner, who stated that he was in the habit of going to the station to ask for work, also that on the day in question he had only powder and shot and no bullets with him; that on his return home he shot a lark, whioh accounted for the only quantity of powder and shot that was wanting" fcom that with which he started in the morning. Counsel for the prosecution and- defence having addressed the jury, his Honor summed up, and, af'er an absence of a quarter of an hour, the jury returned with a verdict of Guilty. Sentence was deterred until tomorrow. Maliciously Stabbing akd Wounding. Stephen Huff Matthews was charged with, maliciously stabbing his wife. Mr H. Adams and Mr E. Ad ask. appeared for the prosecution. It appeared from the meOicai evidence that the wounds were very slight, and as the who'e ease was wanting in interest we do nto care to publish the evidence. The ciee for the prosecution being c!o*ed, The prisoner addressed the jury, saying that he_ fhould consider he was doing himself an injustice if he did not endeavor to convey to their minds the fact that he had no intention to ttab his wife. He arrived on the 19th of May on family a_Fnirs. From private information received he waited until the Charles Edward had sailed for the West Coast. Af'er various enquiries for him he was in search of, he found his wife was living in Bridge-street. He bad no envy, malice, br hatred aforethought. Jealousy and revenge were absent, and it was with feelings of compassion and sorrow that ha led his children to their mother's abode. She followed and laid down on the bed. Another woman, the destroyer of ali his hopes, peace, and happiness, was there He retired to another tooti, took out his knife, and was cutting up tobacco, and when his boy refused to do something this woman chastised him. He naturally called out to his father, who went to his assistance, and was rudely seized and held down by the hair of his heal He then struck her with his fist, forgetting that he had the knife in his hand. In came another woman. She asked Mrs Matthews :— :l Is that your husband?" Sho rep red "Yes" Then, said the woman, " Why don't you let him rise?" He was then allowed to get up, and he put on Ms cap and went out, when he beard the woman spoken of make use of a repugnint expression, .0 he went back and tried to enter again, but could not do so, the door being closed. He then went to his lodgings, and remained there until he was arrested tbe following morning. He was conscious that he was not guilty of that with which be was charged, and was prepared to await his sentence with Christian fortitude and resignation, trusting that his Honor would take into consideration thfi fact that he had already been lying in gaol for three months. His Honor: There will be time enough for that when you are convicted. The Jtjdgis having summed up, the jury retired, and after a few minutes absence returned with a verdict of Not Guilty. The Court then adjourned uutil to-morrow, when the whole day will be occupied with the hearing of the Westport wouuding case. The trial of Boaeley and Millyard will commence on Wednesday, and is likely to last for two days.