SUPREME COURT.

Nelson Evening Mail, Volume XI, Issue 111, 2 May 1876, Page 2

SUPREME COURT.

- i CRIMINAL SITTINGS. [Before his Honor Mr Justice Gillies.] THE QUEEN AGAIMST MILLAfR. In tbis case, John Millar was charged with obtaining money under false pretences from the Provincial Government. A special jury having been granted, the. following gentlemen were sworn in :— Messrs T. Mark»y (foreman \ J.Symone, Woolley, C. S. Saxton, G. Hodgson, H. Edwards, D. Macdonald, A. Elliott, Wells, Talbjt, Wither, and J. Marsden. Mr H. Adams and Mr Pitt appeared for tie prosecution, aDd Mr Conolly and Mr A. Adams for the defence. Nothing further was elicited iri the examination ot witnesses for tbe prosecution thnn bas already appeared io print, though a good deal tbat was received as evidence before the Mugistrates was shut out by the Judge. Several arguments on various points occurred, | and it was laid down by his Honor ihat if the instruments were obtained by the defendant . from anyone, no matter from whom, aud he could prove that they were handed to him, there would be no ground for a charge ofobtaining nioney under false pretences; as he was at the time acting as custodian fpr the Government, and any instruments lor the use of the department placed in his posßess'on were as a matter of fact handed over to the Government. The case for the prosecution closed at halfpast three, the witnesses who were examined being Mesars Rout, Witchell, Quick, Crawshaw, O'Conor, Curtis, an i Gully. Mr Coriblty then submitted that there was no case to go to the jury, as it did not matter from whom the instruments were obtained,_o long aB they were handed over to the Government. His Honor said that the jury alone must be the judges of «hether a fraud had been committed. There was some evidence which certainly was not tatisfactory to himself, but still, slight as it was, it was entitled to the ■ considerßtlon of the jury Mr Conolly. then opened the case for tb« defence, stating that he should not at that : time go into all the surrounding, of the case, but just info m thera of the nature of the evidence he intended to produce. 'It was impossible to deny that there had been a false pretence, as no instruments had been purchased from Craw haw. Mr Millar, however, had had £250 placed at hiß 'disposal to purchase instruments wherver he pleased. His son happened to be in Nelson just at that time, having i> his possession some of the instruments most urgently needed ■ and he persuaded him to sell thorn to him, but here he made a most foolish and thoughtless mistake, and it was by acting in a man ncr tbat was not strictly straightforward and correct tbat he had piac d himself ia his present very unpleasant position He thought it bet.er that tho sale should tppear to have been made by another instead ot by his own ton. and Mr Crawshaw was communicated with, and agreed to appear as the vendor, knowing at the time that fcmer-ou Millar was !»h3 owner of the instruments which had sub sequeutly been handed over to the Government. Jf he (Mr Conolly) succeeded in proving this, then the charge of obtainiug money fraudulently must fill through. The examination of the first witness for the defence lnd just commenced when we went to pres*, and the case is likely to last far into the night.