SUPREME COURT. Criminal Sittings. Before Mr. Justice Chapman. Saturday, June 1, 1850.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 505, 5 June 1850, Page 2

SUPREME COURT. Criminal Sittings. Before Mr. Justice Chapman. Saturday, June 1, 1850.

The Court was opened on Saturday for the tri&l of prisoners with the usual formalities. His Honor the Judge, in his address to the Grand Jury, expressed his regret that the calendar contained one of those atrocious crimes which deformed society, and which must continue to do so, until by the spread of education, and by means of uniting moral with intellectual training, crimes of this description should be diminished. Fortunately these crimes were not of common occurrence here, and he hoped as education increased they would be still more infrequent. His Honor, in referring to the murder of Ellis, observed that the evidence in this case was entirely circumstantial and it would be for the Grand Jury to decide whether there would be a sufficient case to call upon the prisoners to answer it. It was not their province so much to decide on the prisoners' guilt as to consider whether the chain of evidence presented such a reasonable doubt of their innocence as would cause them, by finding a true bill against the prisoners, to send the case to be thoroughly examined before the Petty Jury . It was the duty both of Judges and Juries to bestow great vigilance on every description of evidence that came before them, but in capital cases it was the more requisite that they should exercise the greatest amount of caution and vigilance, because, in such cases the decision was irreparable. In other cases, in the event of a mistake or erroneous decision, it was possible to repair any error that had been committed and to remit the balance of punishment, but where the penalty was death, theTsentence was irrevocable, it therefore behoved them when the peril to the 'prisoner was greatest to exercise the greatest vigilance in sifting the evidence. submitted to them. After some further observations on this and the other , cases for trial from his Honor, the Grand Jury retired and found true bills against all the prisoners. James Jenkins was indicted for larceny in robbing the store of Mr. Anderson on Lambton Quay, of sundry articles of wearing »pptrel. The case was fully proved against the prisoner, and the greater part of the articles were recovered from the account given by him of the place where they were planted^" Verdict Guilty. James Ikin Byass was indicted for sheep stealing. The Attorney-General conducted the prosecution, Mr. Ross wis engaged for the defence. The Jury returned a verdict of Not Guilty. Monday, Junb 3. William Thompson was indicted for assaulting and robbing Charles Feck on the 13th April last. Charles Peck deposed that on the day in question the prisoner went with him to John S lark's where he (witness) sent for a bottle of brandy and stayed there about an hour and a half ; while there the prisoner tried to get his hand in his (witness 1 ) pocket. After leaviag Slark's he was followed by prisoner, and

when at some distance beyond the church at Te Aro was knocked down by him. Witness had about six or seven pounds about him in sovereigns and silver. ( His money was safe at nine o'clock in the morning, on recovering he found he had lost all his money but a four-penny-piece. He was not very tipsy at the time. Henry Ford policeman, took the prisoner into custody on Saturday, April 13th, witness searched prisoner and found on him £1 10s. 2d. He took him into custody at Pimble's where he was lying very tipsy at the time. J ichard Barry, gaoler — Prisoner was discharged from gaol on Saturday 13th April, he had no money when he left the gaol. He was often searched when in prison but no money was found on him. W. Simpson, gardener, saw Peck in Wil-lis-street on Satnrday 13th April about 10 o'clock, prisoner was with him. Peck was lying on the ground bleeding. Prisoner said I will put ray hand in hi* p. cket or they wrll say I have robbed him. Prisoner put bis hand into Peck's pocket and took out a fourpenny piece and a knife which be put' back. George Jeffs deposed that Peck came to his bouse on Saturday, 13th April, in company with prisoner ; saw them go to Slark's house, where they stayed till 1 o'clock, when they came back to witness' bouse ; Peck said he had some money about him, which he pulled out in presence of prisoner ; witness saw Peck afterwards at 5 o'clock ; he was bleeding, and said the man that was with him had knocked him down ; Peck was tipsy when witness first saw him. The Jury returned a verdict of guilty. , From its great length we must defer the report of (he trial of Good, M'Auslan and Jones for the murder of J. Ellis to our next number. The Jury returned into Court about 10 o'clock last night with a verdict of guilty against Good, and of not guilty against Jones and M'Auslan.