SUPREME COURT. Auckland, December 1, 1848. Before Chief Justice Martin.

New Zealander, Volume 4, Issue 262, 2 December 1848, Page 3

SUPREME COURT. Auckland, December 1, 1848. Before Chief Justice Martin.

His Honor took his seat at a few minutes past ten o'clock, when the following gentlemen weie bvvomoa the Grand Jury — U. A. FiizGetald, Esq., foreman j W. S. Grahame, J. Hargteaves, A. Kennftdy, J.I. Montefioie, L. MoLachlan, C. Seavei, F. Thatcher, W. Nihil, M. Wlntlaw, W. Biomii, G. M. Mi t ford, S. Bell, J. Woodhouse, and W. ConnilJ, Ksqs. True bills were found against William Thompson, James Lain;;, William McGec, David Fleure, and John Walker. The Petit Jury roll was callad over and after the jut ots iv attendance had answered to their names, Kis Honor addiessei them on the subject of a question that had been raised at the last silling of the Court, as to the liability of enrolled Pensioners to set ye on Juries. He Mated that an Act of PailiamciHhad been cited on the occasion which was limited in its operation to pensioners in the United Kingdom only ; but on further examination he found that a later Ait had been passed by w hich all out pensioners solving undei ouVeits in the colonies came nndut thepiovisions of the former Act. The pensioners there* foie \\ hile so em oiled, weie not liable to beive on jm les in the colony. William Thompson was placed at the bat, charged with having stolen 1000 feet of timber fiom Mr, John MuoFdildne, on the Utli February iaot. The prisoner pleaded Not Guilty. The Attorney General, who conducted the prosecution, called John McFarlane, who stated that he had some limber lying on the beach in Commercial Bay in Februaiy last; on going down one morning he saw two men putting put t of it through the fence into Mr. Henry's yaui ; enquired why they were doing so ; they said they weie em ployed to do so ; he afterwards missed aboutlOOO feet from the place where he bad left the limber; witness afterwaid* found the missing timbet in Heurj'syard, and asked him why he had brought it there ; he told witness that he had bought it from a man named Thompson ; witness was positive that the timber he lound was hi 1 ! ; it compiised boards and scantling. By Mr. Baitley : the prisoner was not present ■when he received this infoimation j nor was he one of the two men who he saw removing the timber into the yaid ; witness saw him the fust lime lit tlie police ofiice; all that he knew about lnm stealing the liinbei was what he had heard behind his back fiom Mr. Henry. John Henrj, sworn, stated that he remembeied the prisoner coming to him seveial months ago and offering borne timber for sale ; it was on the evening of the 14th February, that witness made a purchase of 30 iO feet or thereabouts, from the prisoner, at 11s. per 100 feet ; he was to deliver the timber on the following morning, and witness paid prisoner 10s. as earnest at the time of making the bai gam ; neai ly 1 000 feet were delivered the following morning, when witness gave prisoner 10s. more in advance ; the timber was delivered through Mr. Weston's yard by tw o men who he believed were employed by prisoner, about eight o'clock in the morning $ the timber so delivered was part of that put chased fiom the prisoner on the evening before. Mr. McFarlane called immediately after breakfust, and identified it as his property. By Mr. Bartley : Witness had not a good memoiy at the best of times ; but he believed he had stated the case as near as he could recollect it; did noli emember whether he had said on examination before the magistrate, that the two men were employed by prisoner, nor to that effect ; was sure that he had said before the magistrate that either a man named T» ompson or William Thompsou bad 6old him the timber ; lecolleoted having hesitated about the identity of the prisoner ; had said a man similar to the prisoner while his side face was to him, but when be was ordered by the Magistrate to turn round to as to have a full view of him, witness had no difficulty in identifying him j thought that after be bad a full view of prisoner, he had said that he was similar to the man fiom whom he bought the timber. There was no conceal meut made by the prisoner in telling the timber. • Bj the Attorney Qeueral : Witness bad no

hesitation in swearing that the prisoner was the nuiu who sold him the timber. ,}. fiuchan, stated that he was present when a mnn like prisoner offered the timber for sale ; he thought it was 2000 feet that he offered at lls. per 100 feet. This closed the case for the prosecution, and no evidence having been called for the defence, The Attorney-Goußral addresied the Jury for the prosecution, followed by Mr. Bartley on brhalf of the prisoner. His Honor oaring briefly summed up, the Jury retired, and arter an absence of about an hour, entered the court with a verdict of Guilty. James Laing w.n placed at the bar, anil charged wilb stealing a silver watch from the premise* of Henry Daniel Ley, Wittchmaker, in Queen Sueot, on the evening of the 14th November lu&t. From the evidence it appeared that the prisoner thrust hia hand through a pane in tbe window, mid matching a watch, ran off, when be was fo lowed by Constable Scott, and appifhended with the watch in hi> py tassion, which Mr. Ley identified. Verdict, Gu'lty. William M'Gee, David Fleure, and John Walker, Privates of the 58th Regr., were then arraigned upon the chaige of having stolen from the houae of Mr. William Edwardcs Parry, on the morning of the 27ib October last, u pair of boots, silver watch, 1 sovereign, ten shillings, c silver pencil case, two sheets, pair trotviers, three waistcoats, and a thermometer. The prisoner* pleaded not guilty* William Edwaidei Parry was called, and being sworn, 6tated, that he waa a shopkeeper at Epsom, a»d on tbe morning of the 27th October last be wna awoke at nearly tso o'clock by some person calling ; supposing it to be a person who was to call that night for some oil, be immediately opened the door, when the prisoner M'Gee entered, lat down, and aekud for a light for his pipe : witness gave it him ; while hit back was turned M'Gee took witness's boots, and put them on his feet ; witness tried to prevent him, c»nd endeavoured to put him out, when the other pnsonei, iTleure. came in; while tuisling with them, witness observed that another person, the piisoncr Walkei, cume in ; and finding himself overpowered, lie orftred no further resistance ; Fleure commenced ransacking the house, and took witness's trowsers, from the pocket of which be extracted a purse containing a sovereign and ten shillings ; M'Gee took a watch from under witness's bed ; Fleure, finding keys, attempted to open a bor, and then threatened to break it open ; wituesa opened the box for him, when prisoner took several articles out o' it ; Walker came in to tbe others assistance, but did not offer any violence ; he was one of the party; and witness could positively identify the wholi of the prisoners. Several other witnesses were examined, who had been present when the prisoners were apprehended, and the articles found in their possession, ou the following morning. The prisoners were not defended by Counsel, but cross-examined the witnesses at considerable length, without eliciting anything favourable to themselves. The Jury, alter retiring a few minutes, returned to Court, and pronounced all the threu prisoners— Guilty. The Court wii adjourned until 10 o'clock this morning.