SUPREME COURT.—CRIMINAL SITTINGS.

New Zealander, Volume 6, Issue 458, 4 September 1850, Page 3

SUPREME COURT.— CRIMINAL SITTINGS.

Before His Honor Chief Justice Martin. The Session of the Supreme Court for tbe despatch of Criminal Business commenced on Monday morning, the 2nd inst. Tbe following gentlemen were sworn as Grand Jurors:— R. C. Barstow, Esquire, Foreman; S. A. Bell, Peter Bourke, William Brown, David Burn, J. A. Gilfillan, W. S. Grahame, Joseph Har^reaves, Thomas Lewis, Edward Mayne, G. M. Mitford, John Salmon, John Woodhouse, Alex. Kennedy, Lachlan McLachlan, Henry Matson, John B. Bennett, Henry W. Mahon, and Sampson Kempthorne, Esquires. , HU Honor very briefly addressed the Grand Jury, j stating that the only case which was to come before them on which he thought it necesiary to make any obiervation was one on a charge of coining,— a crime of which he believed no case had before come for trial in the colony,— or, at all events, in this Province. He then read the law which defined the character of this crime, making one or two explanatory comments. Hichard Meredith, otherwise Richard White (a man of colour) was placed at the bar on the prosecution of Mr. G. E. Vaile, for obtaining goods under false pretences, in the name of F. W. Merrimaa, Esq. The prisoner pleaded •« Not Guilty." George Ebenezer Vaile being sworn stated that the prisoner came to his shop on the evening of the 19th of August, and said he was sent by Mr. Merriman for sugar, tea, candles, shoe brushes, blacking and biscuits, with which witness supplied him. He did not pay for them. He requested a pass-book, and gave Mr. Merriman's Christian name to be inserted at the head of it. Witness would not have given him the goods, but that he represented himself as sent by Mr. Mcrriman. Frederick Ward Merriman, Solicitor, dsposed, <• I know the prisoner by light. I never sent him to Mr. Vaile's shop on any occasion. He is not now, nor has lie ever been, in my service or employment." The prisoner offered no defence. After a short consultation the Jury returned a verdict of '• Guilty." Joseph Martin wai charged with having, on the 6th July, assaulted Frances Haire, with intent &c. The details of the case are unfit for publication. The prosecutrix positively and circumstantially swore to the commission of the offence, and her husband conoborated her testimony in several particulars. The defence (which was conducted by Mr. Bartley) rested partly upon an attempt to prove an alibi, and partly on discrepancies in the evidence of the prosecutrix as to matters of time and distance. The conflicting statements, however, were on points on which it was so posiible for the witnesses to make mistakes, that they might be reconciled so as to avoid imputing wilful perjury on either side. After a trial which occupied several hours, the Jury found the prisoner " Guilty of a common aisault." The Court then adjourned.

Tuesday, September 3, (Yesterday). James Burn (a soldier of the 58th Regiment) was placed at the bar, charged with having stolen butter, a dish, anil a towel, the property of David Sheehan, Publican in West Queen-street. David Sheehan stated that the prisoner came to hi? house on the evening of Sunday the lGth of June, and remained there for some time. On his leaving, the attention of -witness was called to him. and he followed him, seeing a bundle in his hand. On his coming near him, ptisoner dropped the bundle which witness took up, and found it to consist of the articles named in the indictment, which were his (witness'i) property and which he had seen in his house a few minutes before. The wife of this witness, and James Foley, a boy who lives in his house, gave evidence to the sams effect, and 6wore positively that the prisoner was the man wlio took the bundle. The prisoner cross examined the witneises with lome ingenuity, and called William Slater, who swore that he saw him in Barracks about the hour at which the robbery was committed. Verdict "Guilty." John Lundy and Samuel Bidwell (also soldiers) were charged with stealing money, a keg of brandy, and other goodi, the property of James Lockhead, Publican. The facts were proved by several wttnessea, and after a trial of some length in which these prisoners also exercised their ingenuity in cross-examining, a verdict of " Gnilly" was returned; Joseph Massey was placed at the bar charged with counterfeiting the coin of the realm. John Trafford, Conitable in the Armed Police, being sworn, said, I know the prisoner at the bar. On the 20th of July, having procured a search warrant, I proceeded in company with Corporal Hazlitt to search the home of the prisoner in Freeman's Bay. While I was searching a work.shop, I saw the prisoner stop. He appeared to be throwing something out through a hole that was in the work-shop. I saw Corporal Hazlitt pick up moulds. One wai a shilling mould ; the other a 2s. 6d. mould. (The moulds were here produced and identified.) I went to where prisoner appeared to have thrown something outside, and found a half-crown mould. (This was also produced in Court and identi. fied.) We brought priioner to the Lock-up. On our way, he told us that if we would do away with the moulds, let him go, and say nothing about it, and summon his wife for what she had done amiss,* he wonld give us £50. We brought him to the Lock-up, and returned to make further search. We found in a tooJ chest in the workshop a piece of brown paper containing twenty sit.penny pieces, and also a threepenny mould. (Coins produced.) When prisoner first made his appearance, he went a short distance from the house. I followed him. He appeared to be burying something in the fern. It being dark we returned home, The following morning I went back with Corporal Hazlitt to the place, and while we were searching I saw Hazlitt pick up irom the fern a bag apparently made of skin which we found to contain nine half-crowns, thirteen shilling piecei, and twelve six-penny pieces, all of which coins appeared to be counterfeit. (Bag and coins produced and identified.) cross-examined by Prisoner :—The house in which the things were found was an open one, without a door. The tool chest was unlocked. Corporal Hazlitt gave evidence substantially the same as that of the last witness.

* Tins alluded to Massc>'s wife having passed base coin to a njitive, a ciicum&tance which led to tlw detection of the ]>iitoncr.

The prisoner made earnest asservations of his inn o cence, but the Jury returned a verdict of " Guilty." William Astle, was charged with stealing a horse, the property of some person unknown. Edward Meurant, Interpreter in the employment of the Government, stated— l know the [prisoner at the bar. I saw him in the {latter end of January or the beginning of February leading a maie along the road close to the Panmure Inn, having a few natives with him. It was a black mare, with a long tail and a small white star on the forehead. I have since seen the prisoner with the mare, in the month of May, at Kawhia, which is about 120 miles from Auckland along the West Coast. The mare I taw then had the same marks as that I saw near thel'anmuie Inn. I have seen the same mare in town, in custody of the police. Corporal David Hazlitt, of the Armed Police, stated~About the 15th or 16th of May I was at Kawhia. 1 saw the prisoner there, and a black mare with him, apparently in very bad condition. 1 apprehended him by virtue of a warrant, and brought him up to Auckland. Cross-examined by prisoner: When taken into custody prisoner laid he had bought the mare of a man named Pettit. Thomas Beckham, Resident Magistrate, Auckland, examined. — On the 27th of May, the prisoner was brought before him on a charge of horse-stealing. He cautioned prisoner, before he made any statement, that whatever he laid would be taken down and used against him. He then made a statement, which was written down and read to prisoner, who signed it in witness's presence. The statement made before the Resident Magistrate by the prisoner— which was an explicit confession of his having stolen the mare from outside the Government Domain— was put in and read by the Registrar. The prisoner[repeated that he had bought the mare for £12 from a person named Pettit, who had since gone to California. The Jury, having retired a short time, returned verdict of " Not Guilty," and the prisoner was discharged. The Court then adjourned till ten o'clock this morning.