SUPREME COURT. Criminal Sittings, Before Mr. Justice Chapman. December 2nd, 1850.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 557, 4 December 1850, Page 2

SUPREME COURT. Criminal Sittings, Before Mr. Justice Chapman. December 2nd, 1850.

The Court was opened this day with the usual formalities for the trial of criminal cases. His Honor, in his observations to the Grand Jury on the cases to be brought before them, in adverting to the case of Leverton for Manslaughter (the others not being of a nature to require particular cpmment) said that the evidence did not amount to mutder, as the act was committed under circumstances which would -strip it of any previous malice. The deceased had attempted, in the middle of the night, to enter by violence the house of the prisoner, who threatened to shoot him if he did ; the deceased forced an entrance, the prisoner fired, and deceased fell. Under ordinary circumstances, if a stranger attempted with violence to enter a dwelling at night, the inmate would be justified in shooting him at that unseasonable hour ; but when a servant, having a right to enter, attempted under such circumstances to force his way, his violence would not justify so grievous a punishment as to deprive a fellow creature of life. From the evidence to be produced before them they would determine whether there was- so

reasonable a fear of violence on the part of the' prisoner as to justify him in what* he did. This might not be so apparent as to cause them (the Grand Jury) to throw out the bill, although in the more searching investigation before the Petty Jury the v amount of evidence might induce them to acquit" the prisoner of the charge against him. The Grand Jury found true bills against the other prisoners and ignored the bill against Leverton. Edward Neal was indicted for stealing a silver watch, on the 3 1st October, from the premises of Edward Vincent at Te Arc The prisoner pleaded Not' Guilty. The Attorney General cooducted the prosecution. George Scott, policeman, produced the watch which he received from E. Vincent on the 11th November, at the Resident Magistrate's Court. W. JE. Vincent, licensed victualler, — I had a watch in my possession on 31st October, belonging to a soldier named Cooper ; I received it from bioi to raffle ; the watch is the one in Court ; I missed it on the evening of 31st October ; I sent notice to the owner requesting he would forward me the number, on the receipt of the number I offered a reward of j£2 for the apprehension of .the offender ; between 3 and 4 o'clock on the afternoon of the 10th November, the prisoner came to my house the worse for liquor. He called me outside and said " you have lost a watch ;'" he said " you informed the police that I took the watch." I replied that a person in my establishment had done so ; he said he (Neal) did not take the watch but that it was taken by a soldier ; he offered to produce the watch if I would give him 10s., seeing me hesitate he offered to produce it if I would give him 55., * he then threatened in the evpnt of my bringing him into trouble that he would have his revenge ; he went away but returned in ten I minutes, he called me into the parlour, and demanded 10s. more ; I refused to give him any more money, be said why you have offered d reward of £2, if I produce the watch I expect it ; I told him on his giving up ,the author of the robbery I would pay the reward ; he said what do you car« for prps.ecutino^.a man ; I told him I would do it for my future protection ; he said he was acquainted withall the robberies in the place and was the only man who could recover stolen property anil that unless 1 gave him ss. I should never see the watch ; he again threatened me with re- , venge if I disclosedl what be said ; he went* away and returned again and a similar conversation took place; I sent to the police, the* 1 police came but the prisoner did not make his appearance ; 1 received the watch the next day from my brother. '' Cross-examined — I lost the watch on the last day of October about 4 o'clock ; you were tipsy; I did uot.suspect you at first ;* Isuspected you after, a conversation with my brother, and told you so on the Sunday. John Vincent, brother of the former witness, corroborated bis evidence and deposed to the prisoner's giving him the watch on Monday 11th November,, and threatening, if he gave any infoimation that be (witness) should suffer. William Cooper, private 65th regiment, deposed to having given the watch to Vincent to be raffled about 26th October. The prisoner was found Guilty and sentenced to seven years transportation. Benjamin Hughes and William* Browning • were indicted for stealing cert&in articles of silver plate on board the Government Brig Victoria, the property of H. J. Tancred, Esqt The prisoners were seamen on board the vessel and the articles were taken from the baggage of Mr. Tancred. The prisoners pleaded guilty, and on the recommendation to mercy of the prosecutor, and in consideration of their previous good character were sentenced to three calendar month* imprisonment with hard labour.