SUPREME COURT.

Nelson Evening Mail, Volume XIII, Issue 87, 11 April 1878, Page 2

SUPREME COURT.

CRIMINAL SITTINGS. [Before His Honor the Chief Justice.] The criminal sittings of the Court commenced this morning, when the following gentlemen were sworn on the Grand Jury:— Messrs J. W. Baruicoat (toreman), R. M'Rae, C. Hunter Brown, J. R. Dodson, C. Saxton, E. Everett, J. Sclanders, J. Scott, S. H. Pike, A. W. Scaife, C. Jones, W. Wells, A. B. Monro, C. A. Muntz, J. Stewart, R. M. Waitt, C. Canning, F. Kelling, A. S. Collins, G Hodgson. The following gentlemen were excused for the reasons given t— J. Oldhara, that he was a principal witness in one of the cases; H. Ej Curtis, absent; had received summons, but had made business arrangements to visit Wellington before being served; J. Gully, unwell; J. Symons, left for Englaud after being served with summons, but having made arrangements to go previously; B. Short, absent; the Sheriff statedtbathe had received a telegram from him stating that he wa3 detained by the death of his brother; C. 3?. Watts, the dangerous illness of a member of his family. His Honor, in charging the Grand Jury, said that he had but very few remarks to make. The number of cases was somethat greater than usual, one of them being for manslaughter. From the depositions it appeared that the parties had been engaged in a fight, and if it appeared to them that such was the case, and that no unfair advantage had been used, even though death had been caused by a blow then received, they must find a bill for manslaughter; if, however, they considered that an unfair advantage had been taken they must find murder. There was a charge of larceny as a bailee. It was alleged that there had been some contract or intended contract under which the prosecutor parted with a horse, saddle, and bridle, but, as he alleges, on the distinct understanding that they were to be returned. If this was the case, and it was proved that prisoner had fraudulently appropriated the property, they must find a bill^for larceny. There was a libel case, with regard to which all he had to say was that it was libel to publish matter defamatory of a person's character. If the language used was injurious to the character of the person to whom it referred, and was calculated to make him illthought of, it was libellous. He had nothing more to say than to caution them that their duty was not to try the charges, but merely to ascertain if there was sufficient evidence to go to the jury. The Grand Jury then retired, and after a short absence returned with a true bill in the case of Stealing prom a Post Office. Samuel Austin Green, a lad of 1 7 years of age, wa3 charged with stealing a letter containing £2 from the Post Office at Reefton. Prisoner pleaded guilty. Mr Bunny said that he would like to call witnesses to character, and put Father Garin, in the box, who said that the lad had been a boarder at St. Mary's School from January, 1872, to February, 1874, during which time he did not remember to have heard anything against his honesty. George Bull, Postmaster at Reefton, said that Green had been with him a year and a half, during which time he had borne a good character, and he had every reason to be satisfied with him. In reply to His Honor, the witness said that letters passing through the Reefton Post Office had been missing for some time containing in all from £20 to £30. _ Mr Bunny said that he had a certificate signed by the Mayor and several influential inhabitants of Greymouth. His Honor: I don't like that sort of thing. Mr Bunny said that of course then he would not press it. The parents of the prisoner lived at Greymouth, where the whole family was highly respected. The boy had been sent to St. Mary's School for his education, had left four years ago, and two years later had entered the Civil Service in the Post Office department. Only he and Mr Bull were in the office, and occasionally the boy was left in sole charge. It was one of the many cases showing the temptation to which young lads were exposed in a goldfields town. There he was, sixty miles away from his parents, the temptation was placed in his way, and he fell. He had' got into bad company, and was living at a rate beyond the £75 a year he received as pay, got into debt, and foolishly sought to relieve himself of it by taking this money. His Honor: The depositions show that there was more money in his pockets than the £2 stolen when he was arrested. Mr Bunny : But it was just a day or two after the monthly salaries were paid. The lad was of tender age. and had nobody to look after him, and he would further ask His Honor when passing sentence to remember that he had already been in gaol six months. His Honor said he would reserve sentence until Saturday morning. Manslaughter. The Grand Jury having found a true bill, John Murray was charged with the man-, slaughter of John Moran at the Upper Buller. Mr H. Adams, with him Mr Bunny, appeared for the prosecution, and Mr Pitt for the prisoner. The following jury were sworn:— F.Pearce, foreman, H. Lankow, J. Bettany, J. Thompson, H. Moore, W. Dron, Gardner Hunter, Donald Macdonald, Stephen Avery, Alfred Hart, W. Dayman, C. Quick. Charles King was challenged by the Crown, and Dennis O'Leary by Mr Pitt. There was some difficulty in choosing a foreman, but Donald Macdonald was ultimately fixed on. when he stated that he was deaf and too old to be on a jury. His Honor: What do you mean? On the contrary your fellow-jurors wish you to be their foreman. You seem to have a very modest opinion of your own abilities. Mr Pearce was then elected foreman. B |Mr Adams stated that on the 31st October prisoner was at Moonlight's public house standing in the verandah when the deceased came towards the house. There had previously been some misunderstanding between him and the prisoner, and the latter went down to meet him. They had some conversation together and then commenced fighting. Deceased was knocked down, and ultimately they were separated. Deceased went to the

back of the iiouse iind washed himself; and then Started home. with his mate\ After going some little distance deceased sat down and said he could go no further. He went to a .Chinaman's tent close by, who attended to him, took off his boots, and let him have his bed for the night. On returning to the tent the next morning the Chinaman found him dead. Arthur jttowe sjaid (bat He saw the two men fighting. Moran was Knocked do'wd, and picked up by the bystanders, and they fought again. Moran was knocked down altogether three times. Afterwards he went to witness* house and bought some things which witness noticed he was unable to tie together. He saw some scratches on his face. John Scanlahstiw the fight. Saw Moran knocked down twice. He then went to the back and washed his face. Next morning hi? Heard there was" » tall man lying dead in a Chinam'ans tent atjout a mile away, fie went there and saw it was Moran. Deceased did not look much worse after the fight. Cross-examined: I had known Moran for many years. He told me a few days before the fight that he had wot old grudge against Murray,- and Intended to b'av6 it oat the first time thdy met. 1 stfongly advised him to let it alone. Fights are pretty common at the Buller. By the Court : Moran was about six feet high but very slight. The prisoner is a much more powerfully made man. Moran was not a strong man, and was no match for the prisoner. William Little saw the deceased and prisoner have a few words and then take off their coats and fight. Moran was knocked down twice. The second time Moonlight picked him up and told them to knock off. Moran said it was not all over between them yet, and then went and washed. He did not seem to be bleeding much. Saw nothing in prisoner's hand or on his fingers. Cross-examined : Moran was the first of the two to shape. George Moonlight hearing there was a fight going on went out and saw Moran falling. He got up immediately, and commenced to fight again. He went down again a minute after. He had a slight scratch on the forehead. Murray had not his ring on during the fight. After deceased had was':ed he went into the bar and had a glass of beer. Cross-examined : Shortly before the fight I heard Moran say he meant to hare a row with Murray. Det Kutn, a Chinaman, was then sworn. There was some difficulty about administering the oath, as the form did not appear to be known. The witness explained that a match was to be lighted, and he would then promise to tell the truth, and if he told a lie he would go out like the match. Being sworn, he said :— Moran came to my tent. Him eyes black and blood on ; face. Me want him go home. He say Too sick. He say want to stop. Me say no room, go public house. He say cannot go, so me let him stop. He ask me for bed. Me tell him lie down on my bed, and pull oft him boots, as he say no take them off himself. He was vomiting. Me cover him with blanket and ask him have something eat. He say no. Between six and seven his mate come back see him, and then go away. Me give him handkerchief and tie it on him head. He say Good John, good John. Me say go away and come back in morning and make him some tea. Me leave about seven. Next morning six o'clock me come back to tent and say, How you get on this morning ? He no speak. Me look and see him dead. He throw blanket off him chest. Handkerchief off head. James Bunton, deceased's mate, arrived at Moonlight's just after the fight, and heard him ask for sticking plaster to put on his face. The two theu went to Eowe's stove. They started together for home each carrying some things. After going about half a mile, he stopped and 3aid he was sick from the glass of beer. Witness went on for a bit, and then sat down for a few minutes waiting for him. Then went back to look for him and found he had moved, and tracked him to the Chinaman's hut where he was rolled up in the blankets, and said he was too sick to go on. Witness then left and started for home. Next morning he went went back and heard he was dead. Dr Thorpe stated that he had examined the. body four or five days after death, when it was decomposed. There were some marks and bruises on the face and scalp, which appeared slight. On cutting through the scalp he found that one of the bruises had penetrated through the skull. Effusion of blood on the brain was the immediate cause of death. Vomiting very often followed injury or shocks to the brain. In cross-examination the witness said tho bruises might have been caused by a fall. This closed the case for the prosecution. Mr Pitt did not call any evidence, but addressed the jury on behalf of the prisoner, and was followed by Mr Adams for the Crown. His Honor then summed up, and the jury retired at 4.30, and had not returned I when we went to press. The case of the Queen against Brooks commenced at 4.30.