SUPREME COURT. Monday, 1st September 1845. BEFORE MR. JUSTICE CHAPMAN.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 50, 20 September 1845, Page 2

SUPREME COURT. Monday, Ist September 1845. BEFORE MR. JUSTICE CHAPMAN.

William M'Clatchie and George Hempleman, with a John Gifford, who did not appear) were indicted for a riot and assault upon George White Bennet, at the Chatham Islands, on the 11th April last. The prosecution was conducted by Mr. Holroyd for Mr. Rjss (who was unwell), and Mr. Hanson appeared for the defendants. On the indictment being read over, Mr. Hanson demurred, assigning as grounds that the alleged offence was stated in the indictment to have occurred at the Chatham Islands, which is in the Northern Dislrict of New Zealand, and that therefore neither the Grand Jury for the Southern District, nor the Court, had any jurisdiction in the premises. Mr. Holboyd was heard against the demurrer, contending that the objection was too late — they ought to have taken the objection whpn before the committing Magistrate, and on hearing Mr. Hanson in reply, the Court held the demurrer good and gave judgment for the defendant. On Thursday, the Court sat again to try the case — the Queen on the prosecution of Henry John Cridland v. Arthur 7 odd Holroyd, for libel. This case excited very great interest from the respectability of the parties, and from the series of hostile proceedings between them ; and when the Judge took his seat at 10 o'clock, the Court was crowded, and remained so all day, and until late in the evening. It was tried bj a special Jury. Mr. Hanson was the counsel for Mr. Cridland, and Mr. Holroyd defended himself, Mr. Ross being unwell. Mr. Hart, the late partner of Mr. Holroyd, was solicitor for Mr. Csidland,and Mr. Holroyd was assisted by r King. On the Special Jury being called, ten only answered to their names, of the rest some were absent, and had not had notice, and one of them was excused on a medical certific ate. Mr. Hanson, on the part or the prosecutor, prayed a tales s whereupon the Judge commanded ihe Sheriff to " chouse out of the persons then present, who weie duly qual.fied, so many as would make up the number of twelve good and lawful men, and add their names to the pannel. This occupied some time, but at length the following gentlemen were sworn in, Mr. James Watt, foreivan ; Major Horntm>ok, Messrs Robert Waitt, W. B. Rhodes, R. B. Tyser, George Hunter. Donald M 'Donald, John Wallace, Andrew Wyhe, W. H. Donald, and Captain Sharp. At the June sittings of the Court, Mr. Holroyd had pleaded not guilty ; he was now admitted to add a plea of justification, under the 6th and 7th Vie, c. 90, which by the ordinance, Ses>s. V, No. 8, became law in the colony on the Ist July last. We are unable, in the present number, to give a full report of the case, which occupied the whole day ; the Jury having retired to consider the verdict at a quarter before nine o'clock. About half-past ten they returned into Court, and asked if they found that Mr. Cridland had in his affidavit sworn falsely, whether that would amount to a justification. The learned Judge informed them that would depend on their interpretation of the words, and pointed out in clearer language the distinction as to the technical definition of perjury, and mere " false swearing" — than he had done before, but said his Honor, " You must also be convinced thai it was for the public benefit that the libel was published, otherwise the defendant's pled is not proved. The Jury then again retired. At about half 12 o'clock the Judge sent to ask if they were agreed. The foreman answered that they were not, and were not likely to agree, as they were divided in opinion. New bailiffs were sworn, to keep the Jury, in the usual form, and his Honor retired, with directions to be called when the Jury should be agreed. Shortly after two in the morning they announced to Mr. Strang, the Registrar, that they were agreed. r Ms Judge w»s spM for, md about half-past two, after upwards of five hours deliberation, they returned a verdict of not guilty.