SUPREME COURT.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 661, 3 December 1851, Page 3

SUPREME COURT.

Criminal Sittings. Uefork Mr. Justice Chapman. December 1, 1851. The Court was opened for business with the usual formalities. Mr. Justice Chapman, after making a few remarks on the case to be sent to the Grand Jury, said that two cases were expected from Canterbury, so that it would be necessary, as on a previous occasion, to adjourn the Grand Jury for a fortnight, giving them a second notice when their .attendance would be required. He would also take that opportunity of making a few observations on the state of crime in the district; on referrin«back to a statement he had made to a former Grand Jury it would be found that the average yearly number of criminals tried in that court was twenty-one for the five years ending with 1848. At that time the population of the Southern Province certainly did not exceed 10,000 persons. The settlements of Canterbury and Ot ago were not then formed, and the settlement of Nelson, was not then so large as it was at present. But although. the business of the Civil Court had materially increased, not from anv spirit of litigation, but arising out of a more prosperous state of circumstances in the community, crime had diminished in a still greater ratio, the number of persons tried in this settlement during the present year was only six, and the whole amount of crime for the Southern Province was only sixteen. If the amount of crime had increased in proportion to the amount of population, the average number would have been forty, and he considered the fact indicated a considerable degree of general prosperity. He might also allude to another circumstance. A very large amount

the military had been discharged and absorbed in the population of the settlement; he believed that in the selection that ad been made by the officers, certainly the nest and steadiest men were retained in the regiment. It might have been expected that an increase of crime might have been occasioned under these circumstances, but the result shewed how a man’s character altered and improved by having a stake in the country. He mentioned this as very creditable to these men, many of whom had proved to be excellent labourers, and of those believed not to have been the best men in the regiment, very few were found in rhi~ Court charged with crime. The Grand Jury then retired. David Muir was indicted for wounding 1 homas Allen, with intent to do some grievous bodily harm? - .

The Attorney General conducted the prosecution, and examined the following witnesses, 0

xAosies Allen labourer, deposed that he had been working with the prisoner on the road at Pakuratahi, that on the 12th Dctober ast, he went with the. prisoner to the house of one Addy, on their return he asked prisoner for three shillings owing to him, the prisoner denied that he owed him any thing and pulled out a knife and stabbed him in two places. It was about five o’clock in the afternoon. Theprisoner was drunk and witness was not sober. Witness was in the Hospital about sixteen days at one time, and two days after he tried to go to work. Witness had no previous quarrel with prisoner, and did not think this would have happened if it had not been for drink.

E. C. Wills lives at Pakuratahi, recollects the quarrel between the prisoner and Allen on the 12th Oetober. The prisoner, Allen, and others came into the ware snd sat on'the bunk. Abusive language ensued and a scuffle, but witness thought it over ; but another scuffle took place and prisoner struck Allen with a stick. Again it ceased, but presently witness saw Muir with a knife in his hand strike Allen, and Allen rushed out of the ware crying murder. Witness afterwards found Allen was wounded.

Cross-examined —Cannot recollect who commenced bad language, the men had been drinking. They were not so drunk that they did not know what they were about. D- Fitzgerald, M.D. Colonial Surgeon, examined Allen the 18th October, found two wounds, one below the left breast an inch ong nearly closed, another seven inches distant near the scapula about an inch in length. They were nearly closed by healing. If they had penetrated they would have been danger--OUS’ f? ne Was Just oTer tlie a P ex of the heart. William Corless— was present at the quarrel and confirmed the testimony of the previous witnesses.

The Jury returned a Verdict of Guilty, and the prisoner was sentenced to twelve months imprisonment with hard labour.