SUPREME COURT. MONDAY, DECEMBER 1. BEFORE MR. JUSTICE CHAPMAN.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 61, 6 December 1845, Page 3

SUPREME COURT. MONDAY, DECEMBER 1. BEFORE MR. JUSTICE CHAPMAN.

The following gentlemen were sworn in, of tht: Grand Jury : — Mr. Kelbam, foreman; Metsrs. G. Baker. Barton, Boulcott, Boddington, Cridland, Johnatoti, Knowleo, J. Smiih, Stoke 3, Telford, Wallace, Watt, Wade, and Waitt. His Honor, in addressing the Grand Jury, observed that the number of cases to be tried at this Session was greater than usual ; there were ten offences charged, and six piisoners, some of whom were charged with more than one offence. The first bill which would be cent to them was against £ Hipu, an aboriginal native, for escaping from custody. A

true bill had been found against him twelve months ago, lor stealing a piece of print from Mr. Lyon's store, and for this offence he would be tried ; he would also be tried, if a true bill were found by the Grand Jury, fur escapement. There was no doubt that the natives come within the perils as well as the protection of the law. On several occasions they had leceived the protection of the law, and there could not be the slightest doubt that where a European is concerned, they ate liable to its perils if they offend against the law. In Creed's case, which was one of stealing private debentures, His Honor had some doubts as to whether a legal conviction could take place, as a person holding one of these notes had no legal right to demand payment unless hp procured nineteen, others, the cou-

dition of payment being on presentation of twenty of these notes, that the bearer would be entitled to payment for the amount in Government debentures. His Honor then briefly allu<led to the other cases, and observed, that it was a subject of congratulation that but a small number of the offences had been committed by the permanent inhabitants of the colony. He had had occasion to remark that the offences were committed chiefly by the non-residents of the settlement, that very few of the settlers both at Nelson and Wellington had been committed for trial. They had laboured steadily to overcome their difficulties, and when they had once, to use their own expression " turned the corner," the inducements to crime were very few ; and he was glad to observe that the industrious settlers of the country had steadily resisted the temptations to crime presented by want and privation. True bills were found againstall the prisoner?, except J am t-s Creed, for stealing debentures, and George Smith and George Francis for larceny, in Messrs. Bethune& Hunter's warehouse. The bill against the native for escape was abandoned. The following presentment was made by the I Grjmd Jury : — I The Grand Jury, of the District of Wellington, assembled on the Ist December 1 845, for the despatch of public business, i respectfully present, That, in the charge addressed to them by your Honor this morning, it was intimated that a native of the name of £ Hipu would be indicted for breaking away from custody, but it appears that this indictment has been abandoned. They therefore view with surprise and regret that an indictment for a similar offence, hut with mitigating citcumstances, has been sent to them against a soldier of the 58th regt., which has been found a true bill, and they unanimously consider that the abandonment of the prosecution against the native is an unequal measure of justice as between the two races. (Signed) James Kelham, Foreman. His Honor, on receiving the presentation, observed that the Court had no power to order a prosecution, and it was usual when a prisoner was convicted of one offence, not to press the other charges against him. The 1 ative had been convicted of stealing from Mr. Lyon's i.tore, and the other charge had been abandoned. At the late assizes at Nelson," where a prisoner (Connor) had been convicted of an offence, and sentenced to ten years transportation, two other charges against him had been abandoned. But in the case to which the Jury had alluded, the prisoner hud been acquitted of the first offence on which he stood charged, and the second had been pressed against him ; and the same practice usually obtained in the Courts in England. [Want of room compels us to defer the further report of the law proceedings to next week.]

Through the kindness of R. Waitfonl, Esq., we have been favoured with a copy of the New Zealandcr of Nov. 22.), containing an account of the arrival of Capt. Grey, and of the first levee held by him at Auckland. We have also extracted from the same paper a somewhat garbled account of the debate in the House of Commons of the 18th June, which makes us still more anxious to peruse the report of the debate as published in the London papers. It is evident from tne remaiks of the Auckland editor, that the removal of the capital to Wellington where it ought originally to have been established, appears to be more than probable. He has made an attempt to contrast the imports and exports of Auckland \vi h those of the southern settlements, endeavouring of course to make the contrast tell in favour of Auckland, and observes :—: — " We have been still further prompted to this course, on account or some observations, in the House of Commons, by Sir Ribert Peel, in the debate commenced on the 17th June, in reference to the proper locality for the permanent capitl of the colony. We cannot really consider the Premier was serious: but regard his remark as one of those artful political stratagems in deliate, to neutralize wavering opponents, for which he is so celebrated. We shall only observe, that if the Home Government ever sanction such an atrocious breach of faith, towards the purchasers of land in the town of Auckland and its neighbourhood — it will be an act of direct fraud and robbery, unparralleledin the history of civilized nations." But he does not venture to publish that part of Sir R. Peel's speech. !