SUPREME COURT. CRIMINAL SITTINGS. March 1st, 1853.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 791, 2 March 1853, Page 2

SUPREME COURT. CRIMINAL SITTINGS. March Ist, 1853.

Before His Honor Mr. JpsTjg^* I **] A sittings of the Supreajr j » yesterday for the despatcjSr j. [ The Court having been/^-^ — " *i. Jm

formalities, instead of the whole of the names of the Grand Jury being called over, fifteen of their number were balloted for and duly sworn. His Honor, in his observations addressed to the Grand Jury, adverted to the change which had been made, which be said had been adopt* ed for their convenience ; instead of overloading the Jury, fifteen were balloted for, and this mode would have the effect of relieving those from farther attendance whose services were not required. His Honor said he would not be able to discbarge the Grand Jury to-day, as the Court after its present sittings would be adjourned to* the 11th ta try a prisoner who had been sent for trial, but all the witnesses against whom had not been subpoenaed. He mentioned this in the presence of all the Grand Jury to prevent the possibility of the occurrence of any mistake. His Honor then commented at some length on the two cases whicb would be submitted to the Grand Jury after which, they retired. The Grand Jury found * true bill against Daniel Ikin Biass for felony, and ignored the bill for burglary against Gunning. The Grand Jury then made the following presentment : — The Grand Jury beg respectfully to fretsnt for tbe consideration of his Honor the Judge, that the alteration in the node of calling the G;snd Jury is considered by them as aa inconvenience, iastead of a convenience, as intended by his Honor. v The Grand Jury beg respectfully to observe tbst by the old method they were enabled to obtain leave of absence from their foreman in tbe case of special and urgent business, whereas, under the oew arrangement this is impossible, The Grand Jury beg respectfully to suggest that their convenience would be greatly consulted by tbe plan of a limited number only being summoned by ballot. EDWARD DANIELL. Foreman. March Ist, 1853. His Honor in reply observed that the wishes of the Grand Jury should be attended to. Daniel Ikin Biass was indicted for felony, for corruptly helping Israel Church to a watch, which had been feloniously stolen from him. The indictment was laid under the 7th and Bth George 4, c. 29. The Attorney-General conducted the proseci tion. . The following witnesses were examined. ■ Samuel Stiles — I am a sergeant of police ; I produce this silver watch, metal cbain, seal* three keys, tbiee rings, and a 6J. piece ; I received all these from tbe Resident Magistrate ; they were then in tbis state and nave been in my possession e*er since, ' x By the Court— lt was on • the 30th December last I received them - r the prisoner wts then before the Resident Magistrate on this charge. Israel Chttrc% — I am a labourer, liviog at Mr. Dinners, at.tbeTborndon Flat barracks; I know tbe prisoner at the bar : I have known bim nearly nine or ten months ; I remember being robbed, I think about three or four montbs ago, by Woods and Morisey, who have been tried and convicted in this Court for stealing from me £l 1 in nntea, one £5 and tbe other single dotes, and this watch, 'chain, seal, keys, lings^athf sixpence^ tfiey wer* then in the same state as now ; I saw prisoner about a week before last Christmas at Mr. Barry's public house ; it was in tbe afternoon ; he said he could get me my watch if I would give him £2 ; I said 1 would rather give £2 than lose it, as it was a watch I brooght from England with .me ; he said he would do it out of good will for me ; prisoner alluded to this watch by what he said ; I gave him £1 immediately, and he said he would give me the watcb when I gave bim tbe other pound ; on Christmas day I met tbe prisoner sgain at Barry's (where ha was employed as bsrman) about four or five p.m.; he went into a private room and I gave him the other' £1 and he gave me the watch and- other articles now produced ; I paid bim in silver ; two or three days after tbis I met him nesr Mr. Plimmer's and we went together to Mr. Roe's public house and he said I bad do call to kick up a bother about my watch; that ht would try and get me the £5 I had lost ; he was alluding to the £5 I was robbed of when my.watch was stolen ; I asked my master if I wonld be doing, right in letting tbe man who bad got tbe note keep £1 ; in giving £1 to the prisoner and receiving back from bim £3 ; my master said I should be doing right ; I did not go to prisoner again about tbe £5 note ; tbe Monday after Christmas day the police sergeant asked me if it was true that I bad my watch and I Said yes, and I told him all about it; a day or two afterwards I saw prisoner in custody at the police office ; I had this watch «nd other things produced with me ; they were laid on tbe table at the police office and I have never seen them since till to-day ; tbe prisoner was at tbe time undergoing examination on tbis charge before Mr. St. Hill ; whert the prisoner gave me the watch at Barry's he told me uot to tell any one about it ; tbe prisoner told me he got the watch from a party of women. Cross-examined by Prisoner — Before tbe prisoner spoke to me about the watcb I bad spoken to several persons and said I ' would give £2 to get back, my watcb ; tbis I said at Mr. Barry's, at the bar there ; the prisoner was there ; I did not see any woman there then ■; 1 did not see Mrs. Woods and Mrs. Quinty there that evening ; I bad no conversation with Mrs. Woods since tbe trial; and don't wi.h to do ; 1 never slept at Barry's ; I don't recollect your lending me money, a few shillings, npr do I recollect paying yon any money : I think after I was robbed I did borrow a few shilliogs from prisouer ; I never slept in the tap room ; when the policeman was told by me that I bad got my watcb, he said be wonld tell Mr. St. Hill ; I think what you did wss out of friendship; you said it was. (Question by prisouer ;) " I only gave it as my opinion that the £5 was not negotiated, did I ? You said you thought so, and that you would try and get it for me. I should not have gone to the police office about it of my own accord. By tbe Court— Tbe night I was robbed I saw tbe prisoner at Barry's. Samuel Lucas— l am a warehouseman, and live jat Mount Cook ; I know the prisoner ; 1 was at „ Wi public bouse on last Christmas day ; the : P'^vwai barman there ; the last witness was | toem 8° iQtOi Qt0 • room behind the bar j ! I* /■ \door was shut after them by one of ' \^ rae out to S etDer * directly last f I't&mm r .-.T he shewed me these. L 5y- . ■ ?V

! painting to the watch, &c. ; I have no doubt they .were the same. ! Cross-eximined by Prisoner — Church bad been there about a quarter of an boar before me-. By the Court — I knew tbat be was going there; he left me for tbat purpose a abort time before. By the prisoner— l do not know that Church bail offered £2 to get back bia watch ; be told me prisoner bad offered to get it back for £2. By the foreman — Church wai not liriog at my home till a week after the robery ; just as I en. tered Barry's I saw Church and prisoner going together into the room behind the bar. Tbe prisoner read bis defence, in which he said tbat be only acted oat of kindness towards Churchy that Church had told him he valued the witch, as it was a gift to him, more than for its intrinsic , value ; and tbat he did not thiuk it wrong to restore tbe watch. The foflowfng witnesses were examined for fiie prisoner. Margaret Qianty—\ did not see Israel Cbnrcb at Barry'a after Woods and Monisey were convicted, but I did see him there when they were j committed ; be said in my presence and tbat of other men and women that if tb»y would only lend him some of his money and clothes, be would leave tbe country and not prosecute them ; I did not hear him mention- about tbe watch ; I did not hear Cburcb offer £2 reward for bis watcb. Cornelius Croft — I am a boatman ; I bad a conversation with Israel Church ; he offered me £2 reward if 1 would get him the watch ; I told him that the women bid it for sale : this good lady, Mary Woods, was one, and Margaret Quinty was another ; they were fighting about it, and I beard one of them say tbat she would take it up tod smash it at the gaol ; I told this to Cborph ; he told me had got a friend who would get it (or him ; that he bad given him £1, and that this friend (who it appeared was Mr. Byass, tbe prisoner, for he mentioned his name afterwards) would advance him another pound to get the witch, when the women should bring it ; I advised him to get a policeman to take the women up whilst they had the watch in their possession ; be said. He did not wish to hurt them, he was satisfied with prosecuting the men ; that tbe women would smash tbe watch if be went to get it with a policeman. Shortly after this I asked Church in to Barry's to drink, but he would not go in, as he' said he owed Byass sonce money, and he bad not paid him. Burgess Sayers — I am barman at tbe " New Zealander. (Tbe witness waa relating a conversation between the women when be was stopped by tbe Court.) Tbe Jury found the prisoner Guilty, but recommended him to mercy. His Honor in passing sentence said, be thought he should best carry out tbe spirit of the recommendation made by the. Jury in sentencing the prisoner to seven years* transportation. If the prisoner were sentenced to four yeartimprisonment and bard labour, even if he should Be disposed to thiuk lightly of such a punishment, his friends and former associates would to a certain degree be punished, in the pain they 'would feel in wit* nessiog his degradation in labouring with the other prisoners on tbe public toads and streets. He therefore, under all the circumstances considered transportation to be the more lenient sentence. Tbe prisoner was aentenced to be transported for seven years. ♦ [From the Government Gazttte, February 28.]