SUPREME COURT. Friday, June 8, 1849. Before His Honor Mr. Justice Chapman.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 403, 13 June 1849, Page 2

SUPREME COURT. Friday, June 8, 1849. Before His Honor Mr. Justice Chapman.

W. Brown, private 65th Regt,, was indicted for robbery. From the evidence of Mr. Telford, Clerk of the Treasury, it appeared that on the even- | ing of Thursday, 3 1st May, the prisoner who was on duty as sentry, came in at the door of the Treasury, and presenting his musket, demanded witness's money, telling him his piece ! was loaded. Witness gave him a shilling and a sixpence, prisoner asked if he had any more, when witness gave him a four penny piece. Prisoner then said, I have robbed you, ! my name is Brown, I am completely tired of the service, go and bring (he serjeant here immediately. Witness remonstrated with the prisoner, who threatened to shoot him if he did not go for the serjeant. Witness then went to the guard-room, and the serjeant ordered out four men, who went to the treasury. Witness heard a shot fired off. /. Sowerby, corporal, 65th, was ordered out with three men by the serjeant of the guard. Prisoner fired off his musket, and was then taken to the guard-room, when he gave up a shilling and sixpence. It is not usual for a sentry to have his musket loaded. The prisoner was found guilty, and sentenced to 15 years' transportation. Richard Whitens was indicted for stealing a boat. It appeared in evidence that the prisoner arrived at Wellington about the 14th Marrh with the boat in question, which be called the Hope, representing, himself as the master, but was unable to produce tbe necessary papers at the Customs ; the boat was afterwards sworn to as being the Comfort from Auckland by W. Pierce, who was part owner of her. The prisoner was found guilty, and sentenced to transportation for seven years.

John Ashley and Edward Lavender were indicted for wounding with intent to murder W. F. Christian. W. F. Christian, merchant, deposed, that about 8 o'clock, on the evening of the 30ih ult. he went to his store, which is situate near the Scotch Church. He tried the door, and found it locked ; on passing the projecting chimney close to the door he saw a man standing behind the chimney with a shovel iv his hand, who struck him on the head. Witness closed with him, and while struggling he heard a step behind him ; on turning round he saw another man, whs put out his hand, as if with the intention of collaring him, and in a moment drew some sharp instrument across the throat of witness. Witness shouted for assistance, when the men after a short struggle ran away. Witness followed as far as the Scotch Church, when they turned up the hill, when feeling faint witness gave up the pursuit. It was a moonlight night, and witness saw the faces of both the prisoners. Ashley struck him with the shovel, and Lavender cut his throat ; believes the instiument was a razor. The wound was very severe, and bled profusely. The lower part of one of the windows in a room in the store was out, and every thing in the room was thrown about ; witness missed a silver huntingwatch. Ashley had on a blue shirt and blue cap. The other prisoner also had on a cap. Ashley lost his cap in the struggle. John Dorset, surgeon, deposed, that he attended Mr. Christian, at Bannister's tayern, on the evening of the 30th ult. ; he found him exhausted from the loss of blood from a deep wound in the throat, which grazed the wind pipe and extended from one angle of the jaw to the other, the wound appeared to have been done with a razor. W. Martin, policeman, deposed to having apprehended Lavender at 9 o'clock on the night in question, and to having taken Ashley at his lodgings about 7 o'clock the following morning; the last mentioned prisoner's hand was bleeding. From the evidence of other witnesses it was proved the prisoners had been seen in the neighbourhood of Mr. Christian's store the day of the robber}, and that neither of the prisoners returned to their lodgings on that nigt t; Ashley had got in eaily on the following morning without the knowledge of his landlord. A cap was found outside the store close to Mr. Christian's hat ; a razor was also found under Mr Christian's window, which was identified by Mr. Christian as his property. The prisoners were found guilty, and sentence or death recorded against them. Edi g ard Neal was indicted for stealing a telescope, the property of George Young. The prosecutor identified as his property the telescope, which was found on board the Holurnngi by Mr. M'Donogh, the Sub-In-spector of Police. The glass had been given to a seaman on board that vessel by the prisoner, who had shipped that day, to keep for him. The prisoner was found guilty, and sentenced to six months imprisonment with hard labour. The indictment against Neal for being an accessory in the robbery at Mr. Christian's store was not proceeded with, the evidence being insufficient against the prisoner.

The Grand Jury, through their foreman Mr. Fox, made the following presentments : The Grand Jury present that there are several chimneys along Lambton Quay, and in other parts of the Town, which, by reason of their insecure and dangerous construction, are likely to give rise to fires and other injuries ; and though the Grand Jury do not present them for indictment, they wish that the attention of the authorities should be called to it. The Grand Jury respectfully present, that their attention has bean directed to a proposal made by her Majesty's Principal Secretary of State for the Colonies, to introduce into New Zealand convicts from Great Britain, under a system of reformatory prison discipline administered at home, and followed by exile to the colony. That the experience of the Grand Jurors on this, and many previous occasions, has taught them that nearly all the most serious crimes committed in this colony bave been perpetrated by parties who, after undergoing an entire or partial sentence in New South Wales or Van Dieraen's Land, had been turned loose as expirees or ticket-of-leave men on the presumption that they were worthy to resume that independent position in society from which their crimes had removed them. That, considering the complete organization of crime in Great Britain, and the improbability of the reformation of a class so deeply imbued with criminal habits as the majority of those who would constitute the exiles ; considering, also, the position of the uatiye race in New Zealand, and calling to mind the, fact that many of the colonists already in this country came out in reliance on

pledges of Government that the colony should not be converted into a receptacle for convicts — the Grand Jury feel it to be their duty to present respectfully their opinion that the introduction of exiles into New Zealand would i be an experiment calculated to produce the most disastrous effects on all classes of society, as well as on the present and future prosperity of the colony. The Grand Jury respectfully present that, in their opinion, it is derogatory from the dignity of the highest legal tribunal of the colony, tile Supreme Court of New Zealand, that it should be beholden as a matter of favour for the services on the Grand Jury of persons whose attendance it cannot compel under the usual penalty. That the Grand Jury respectfully suggest that it would be more consistent with the dignity of the Court, and more conducive to the punctual performance of the public business, if no persons sho.ild for the future be summoned on the Grand Jury, except such as are bound to attend and amenable to the Court for non-attendance — a course which the Grand Jury believe to be in conformity with the practice already established in reference to Petit Juries. To which his Honor, in reply, made the following observations :—: — On the first point the Court has harJly any jurisdiction unless an information or an indictment be before it; but I will consider in what way it can be brought before the authorities, and probably an intimaiion given to the parties whose chimneys are dangerous will have the effect you desire. As to the second subject, I will forward your repesentation to his Excellency the Lieutenant-Governor, who will, I have no doubt, see that it is forwarded to Earl Grey. It seems to me precisely the kind of opinion that his lordship requires ; coming from you I have no doubt it will have weight. 1 will only add that I think the noble Secretary for the Colonies is entitled to our gratitude for referring the matter to the colonists as he has done. On the third point you have mentioned, I am soiry you should have thought it necessary to make any remark on a subject which, in its original slate, at all events, hardly called for any. But it gives me an opportunity of obviating misconception, by stating what really fell from me. The report in the Independent is a translation, so to speak, of my words into its own language ; that in the Spectator is more correct; substituting "ought" for " would" it is substantially so. What took place, on some members of Council not answering to their names, was this :—: — Registrar. — " Shall I call the constable to prove the service of summons?" (That being the usual preliminary to the imposition of a fine.) Judge. — " No. The Ordinance exempts members of Council ; I have no power to fine." (To the She. iff.) " Mr. Sheriff, the members of Council had better not be summoned in future. Where the Court cannot enforce attendance, it ought not to ask it as a favour." To this view I think my duty compels me to adhere. The selection of a Grand Jury list which, according to Blacks'one, should consist of " persons of the greatest figure in the district," from the list of persons liable and qualified to serve is a matter cf no small difficulty, and I am bound to say the Sheriff performs the duty with delicacy and discretion. Seventeen or eighteen Grand Jurors are usually summoned. There must be thirteen sworn, at.d may be twenty- three. No*, if five have the power to stay away or attend according to their private engagements, (as the members legally may) it leaves no room for the accidental absence of one Jury by reason of i.lness or disability. Tnis inconvenience, I think, ought to be remedu^ 1 — and it will be under the sanction of the Court, as far as the inpans at the disposal of the Sheriff permit. I need hardly add, that neither in matter or in manner am I conscious of having given just cause of umbrage to any one, and I say this as applied, not only to this occasion, but to the whole period during which I have sat on the bench. The Grand Jury then desired that the j Judge would not discharge them, as they wished to visit the gaol. A deputation of the Grand Jury then visited the gaol, and returned into Court with the following presentment: — The Grand Jury respectfully present that a deputation of their body has visited the gaol, and they regret to state that they find it to be entirely unfit for the safe keeping, classification, comfort, and .health of the prisoners. It consists of one building on ' one floor, 28 fe^t by 19 on the outside, divided into six cells, one of which was measured and found to be 7 feet lOin. in length, by 5 feet 4in. in width, and most inadequately ventilated, In this cell four prisoners ate sometimes confined for the night with the door locked. An attempt to escape was made in il by two of

the prisoners on trial for an attempt at murder at the present sittings. The number of persons confined in the above limited building at present is eight criminals (three of whom are under sentence, five committed for trial) one military deserter, two debtors inhabiting one cell, as above described, and two lunatics. The Grand Jury consider that one at least of the lunatics being perfecily harmless, ought to be transferred to the Colonial Hospital. They also think that the diet of this class is insufficient ; that the fullest diet which they would have received in the Hospital should be given them ; and, at all events, that tea, coffee, and sugar should be added to their present diet, and salt meat discontinued. The Grand Jury, however, consider that the gaol is under any circumstances an unfit place for the residence of lunatics, and likely to prevent all chance of their restoration to health. They also consider that the use of salt meat ought to be discontinued altogether in the gaol, as likely to originate scrofulous disease, fresh meat being as cheap as salt. The Judge said he would forward this with the one relating to expirees, (those only in which the Executive had any concern) to his Excellency, and he had no doubt it would meet with hio Excellency's consideration, but he (ihe Judge) reminded them that the earthquakes hail had the same effect on the hospital as upon the gaol.