SUPREME COURT.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 609, 4 June 1851, Page 2

SUPREME COURT.

Criminal Sittings. Before Mr. Justice Chapman. June 2, 1851. The Court was opened on Monday for the despatch of criminal business. His Hom> r congratulated the Grand Jury on the small quantity of crime in the settlement. Atthe present sitting of the Court there were only two bills to be sent to the Grand Jury, and at the last sitting of the Court there was net a single case for trial. Throughout the different settlements there existed suchag £ ’ neral state of comfort as to afford a reasonable hope that such a state of things won continue, and that the amount of crime aj indicated by the business of this Court w° u remain as conspicuously small as at P rese ?’ His Honor made a few observations on t two cases before the Court, after w hich Grand Jury retired and found true 1 against Murray for robbery and J° De3 0 felony. John Murray, labourer, was indicted robbing Moses Kennedy, with violent the 12th of April last. Moses Kennedy, labourer, deposed--on going home late at night, on a S»w about the middle of April last# he ® e , prisoner, who came up with him at 1 ' r ; so . of the new church in Willis-street; Uj ner asked him for money and then K n ° . him down and kicked him, and before up prisoner ran away with his cap> moonlight, he saw the prisoner’s face sure it is the same person ; before tiel ner knocked him down he made an 8 put bis hand in Ins (witness’s) p° c e ' y he prevented ; prisoner kicked

knocked a tooth out of his head ; witness was not sober at the time, but knew what he was doing; the following Wednesday saw prisoner with his (witness’s) cap on his head; did not know him before, but if he had seen him without his (witness’s) cap he should have recognised him as the man who struck him.

John F. Kells, policeman—took the prisoner into custody, and took the cap produced from him ; the cap was identified by Kennedy.

For the defence D, Sullivan proved the prisoner was at his house on the Saturday night, the night of the alleged robbesy; and James Read deposed to having given the prisoner the cap produced, which witness found in Maori Row ; the cap was not worth picking up, but he said it would do until the prisoner could get one. The Jury acquitted the prisoner. William Jones was indicted for havingstolen Sftom the dwelling house of Mr. T. Kebble at ■Manawatu, property above the value of five ■pounds.

A. E. M c Donogh, Deputy Inspector of Police —produced a silk purse containing twenty-nine sovereigns, ten shillings in silver, ind twopence in copper ; a canvass bag containing eleven pounds in notes, four shillings in 4d. pieces, 3s. fid. in 3d. pieces, and a gold ring with hair, which he received from Major Durie in a letter sealed with his seal, i Thomas Kebble— l live at Manawatu ; in April last, soon after I had discharged the prisoner who had been my servant, I missed • considerable sum of money; two months before his discharge he lived in my house; I beard he was spending money, and as he left in my debt £1 145., I thought he must have robbed me; I went to my iron chest and found [ missed the sum of £2O to £25; on the 4th May the house was locked up and we went to church, and on our return I found the lock 5f my bed room door had been half-turn-|d; on going into my room all appeared ss usual, and we thought nothing more about ft; on the Friday after I wanted to pay some natives, and sent the natives to Mrs. Kebble for £2 ; when she went to the iron chest she Found the whole of the money had been taken [way ; the money was contained in a calico bag ; the bag produced is the bag ; the sum was £3O 10s. in gold and about £2O in notes; 1 did not miss the ring until after the prisoner ps taken, but I can swear to the ring: I can •Iso swear to a bent 3d. piece ; I immediately inspected the prisoner, and I made inquiries whether he bad been near; I went down the fiver to the prisoner’s house and accused him if the robbery, and he said “ prove it against Pe;” the following morning I went to Wai[anae, and laid au information before Major Durie, who returned the next day with me to Je Manawatu ; on our arrival at Ohau the prisoner was in the public house there ; he |as not taken up at once and left the house, Bid, proceeding by a circuitous route, he went o the house of Edward B oyan* a FCpSlDaks* |here he was taken and brought back to the Hiblic house ; be was searched in my prepuce by the police by the direction of the PoICe Magistrate, and a small sum in silver |und on him ; inconsequence of some information I received from E. Bevan, he deli|red to me a purse with twenty sovereigns, |y property ; I gave the purse to Major jurie; we then went to the Manawatu and jnved at the prisoner’s house, and with the isistance of some natives we searched the tisoner’s house, when a native named ‘E |are placed in my hands the bag now in r urt with its contents ; it was concealed in |e earth ; the ring was in the bag; I now fiss about £4O, besides the £4O recovered, fcluding the £2O first missed, but not inJpded in the indictment; most of this I have peed as having been spent by the prisoner ® the river; I have said that on Sunday I gt the house safe ; I have since discovered the key of the prisoner’s house fits the ■ck kitchen door and my bed room door ; ® s I have ascertained myself. JCross-examined—l did not see you go over ® sand hills, we tracked you; the house was S~°r the prisoner’s lock and key, he ivas reliring the house at the time ; I found that ® keys fitted his lock ; I am not aware that asked my brother for a spare key to fit 3 ock of the house I was living in ; I knew » U ad no money, because I paid ss. for you | go up to your service ; 1 paid this and ™ ar ged it in your account alter you came to | e with me. Bevan— l live at Manawatu, about k t miles from Mr. Kebble’s ; I saw prisothe 4th May, Sunday morning, about ier’°° r n * ne °’ c i° c k ’ I was going to m y fait “> and he asked to go with me ; I put lsa°d ? ° re half a raile frora Mr - Kebble’s; Knt'a 10 l° st a P a i r trousers, and we | V 0 see an y native had them on ; l s I got to my father’s he came there; this » > ee h° urs from the time he left ; | ? Went back with me. Bson? /r a b° r iginal native — I know the * r > 1 saw him on the 4th May at the

rope-walk at Mr. Kebble’s •, when I saw him Mr. Kebble and family had left the house, and had gone over to prayers; he did not speak. Edward Bevan— l live at Waikawa ; I know the prisoner at the bar ; I saw him on Saturday 10th May; became to me at the rope-walk; he wanted a horse to go to Port Nicholson, and offered to give one pound for one ; I told him I could get one for fifteen shillings; I told him if he would stay till the morrow I would go with him ; we then went to the ferry-house, and he paid for it; he went home to supper with me; as we were finishing supper he handed me a sovereign over the table to pay for our liquor, but I sent for it on my own account; next morning he asked me if I would take a glass of brandy, and he gave a sovereign to fetch a pint of brandy ; Kelly fetched it, but brought the sovereign back, as the man at the publichouse could not change it; we afterwards went to the ferry-house, and while drinking Major Durie and Mr. Kebble came up ; when Major Durie came in the prisoner shifted into the kitchen, and afterwards disappeared through the front door; I went after the prisoner at Major Durie’s request, and found him near my house ; the prisoner asked me to go to Mr. Ross to ask him to defend him ; I said, “ How can I go, I haven’t means;” he then went into the house, and took out some money out of his boot, and threw it behind him; the purse produced is the one the money was in ; he told me he had twenty-four or twenty-five sovereigns in it, and then I told him he must go with me to Major Durie; I saw the prisoner throw the purse from him, and I picked it up, and put it on a flax plant; I returned to the ropewalk with Mr. Kebble, and handed it to him ; it was a purse like that. Cross-examined—l said, what is all this? Prisoner— Did you not ask me if I had any money ? I pulled the purse out of my pocket, and it slipped down.

Tuwakahewa— l was with Hare in the prisoner’s house, with Mr. Kebble in George Bevan’s house ; we were in the prisoner’s house on the 11th May; I saw some money found in a bag with a ring; it was that bag, and the ring. Henry Symons — I live at Mrs. Best’s public-house ; I saw prisoner spending money in her house ; he was there several times, and spent £lO or £l2 ; it was since he left Mr. Kebble’s employment; he paid sometimes in sovereigns and sometimes in notes.

Kepa, a native policeman—l know the prisoner; I took him into custody; I searched him, but he had then Bs. 6d. upon him ; this was at M’Kain’s.

For the defence. George Bevan, being called for prisoner, deposed—Prisoner was living with me at the time ; I know the house that has been called the prisoner’s house; the house called your’s my wife had requested you to repair the chimney of; the men I employ would not live in such a house, and prisoner said he would put it to rights if I would let him live in it ; he was putting it to rights at the time.

The prisoner was found guilty and sentenced to ten years’ transportation. The Grand Jury made a presentment of the insecure state of the lock-up adjoining the Resident Magistrate’s Court, and also of the present state of the road along Lambton Quay. His Honor said that as to the former the necessary steps would he taken to remedy the evil complained of, but with regard to the latter subject he knew of no remedy, as no one was chargeable with the repair of the road, but promised to make known the opinion of the Grand Jury to the Government.