SUPREME COURT SITTINGS, Monday, 2d March, 1846. BEFORE MR. JUSTICE CHAPMAN.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 74, 7 March 1846, Page 4

SUPREME COURT SITTINGS, Monday, 2d March, 1846. BEFORE MR. JUSTICE CHAPMAN.

The following gentlemen were sworn in of the Grand Jury : Col. Wakefield, J.P., foreman, Major Baker, Mr. G. Baker, Mr. C. Clifford, J.P., Capt. Daniell, J.P., Mr. W. Fitzherbert, Mr. W. Hickson, Mr. A. Hort, -Sen., Mr. A. Ludlam, Mr. A. M'Donald, -Mr. M'Donogh, J.P., Hon. H. Petre, J.P., Mr. T. M. Partridge, Capt. Sharp, Mr. R. -Stokes. His Honor in charging the Grand Jury said, he was happy to observe their duties would be light ; there weie only four cases to be brought before them, to two only of which it would be necessary particularly to direct their attention. In the cases of larceny against Harris and Dynan there would be no difficulty, as the prisoners were seen to take the property, and the ownership could be clearly proved. In the case of Hurley for keeping a disorderly house, the only point of law ou which it was necessary to inform them was, that the keeping a single room for the purposes of prostitution was sufficient to constitute the offence. David Harris was indicted for stealing a pair of trowsers belonging to Frederick John Fiance. Mr. Ross, for the prosecution, shortly stated ■the case, which appears from the evidence. William Flyger—l am a butcher, in Will satreet; on the Ist January last, about 1 o'clock in the afternoon, I saw the prisoner looking at some clothes hanging on the fence by Mr. France's ; he was standing smoking his pipe ; I thought lie intended stealing some of them ; I saw him take up a pair of trowsers and look at them ; he put them up his jacket; he then walked ■towards Rowland Davis's ; I sent a boy to Davis's to see if a constable was there, and if not to hollo out, which he did ; I then took the prisoner into charge myself, and he let the trow* sers fall ; I sent for a constable, but did not get one for an hour.; I remained with the prisoner, and when the constable came I gave the prisoner in charge together with the trowsers ; the trowsers produced are the same ; I marked them. Nicholas Oxenham, the constable, corroborated the evidence of Flyger, and said, that he had had the trowsers ever since ; witness, to a question put by the prisoner, said that he was not uober, but could walk. Frederick John France, of Willis-street, settler, identified the trowsers as his property. The prisoner pleaded drunkeness, and called several witnesses to character. The Jury, without hesitation, found the prisoner guilty, but recommended him to mercy on account of his good character. Sentenced to four calendar months with hard labour. Alexander Hurley, of Lambtrn Quay, baker, was indicted for keeping a disorderly house. Mr. Wakefield conducted the prosecution. The case was clearly proved, and the Jury immediately returned a verdict of guilty. Sentenced to three calendar months imprisonment. John Dynan, private of 58th, was indicted for stealing, from a dwelling-house, divers wearing apparel, the property of John Jackson. Mr. Hanson, for the prosecution, shortly stated the case, and called the following witnesses : Elizabeth Jacktm — I am the wife of John Jackson, and live on Thorndon Flat; on the

morning of the 16th of February last, the clothes produced were in the house when I went out ; they are my property ; the next time I saw them was the same day at the barracks. Caroline Barrett — I am servant to Mrs. Jackson ; I remember being left alone at Mr. Jack-son's-on a Monday, a fortnight ago this day ; I saw the -prisoner twice that day ; the first time he did not come alone, but did the second, and then asked me to stay at the door of the house; I went to the door, and whilst I was there I saw the prisoner take some dresses off the nail ; the dresses produced are the same ; the shawl produced the prisoner took off the bed and he tied them up in the table cover ; I told my father. Cross-examined by the prisoner. — There were seven -solfliers with you, and you made the eighth; they had -red jackets on; you had a white smock and 'black trowsers. i WilHam Barrett, painter, on Thorndon Flat, I father of last witness; I saw the prisoner this | day fortnight on Thorndon Flat ; he was going in the direction from Mrs. Jackson's house to the beach; he had a bundle apparently of linen; I followed him to the barracks of the 58th, but did not see Mm go into the barracks ; this was about 2 o'clock in the day ; lam quite certain the prisoner is the same person ; 1 afterwards saw in the barracks a bundle similar to what the prisoner was carrying; the prisoner-had a white frock c n, but I cannot speak to the trowesrs. Benjamin Eglington, constable, Iwentto«£he barracks of the 58th inconsequence of information received, and found the clothes produced with others ; I have had them in my custody ever since. William Wilton, Colour Serjeant of the 58th, I went with Eglington to prisoner's bed room on the 16th Feb. last ; Eglington found a bundle there ; prisoner had on white smock and white trowsers. The Jury immediately returned a verdict of guilty. Sentenced to nine calendar months with hard labour. The same prisoner was indicted for stealing some other articles, but the pro ecution was not pressed.