SUPREME COURT.

New Zealand Times, Volume XXX, Issue 4539, 7 October 1875, Page 3

SUPREME COURT.

Wednesday, October 6. (Before Chief Justice Prendergaat and Juries . of Twelve.) The Court sat at 10 a.m. Akahatu was brought up for sentence, but as he desired to call Mr. Mason, of the Hutt, to certify to his good character, the judgment of the Court was suspended till next morning. PERJURY. Eliza Smith was charged with having, at the last sittings of the Circuit Court, committed perjury while giving evidence against’ James Cameron. Perjury was assigned on several passages of her evidence. Mr. Allan prosecuted. Mr. Buckley (with whom was Mr. Shaw) appeared for prisoner, and before the plea was taken objected that the indictment was bad, inasmuch as it related that at the sitting of the last Circuit Court his Honor the Chief Justice had been assigned to the Court, instead of the district being assigned to the Judge. He filed a demurrer ; and contended, first, that the Governor had no power to assign a Judge to a Circuit Court; second, that the trial, according to indictment, seemed to have taken place before the Judge, James Prendergast, whereas the trial took place before a judge and jury sworn in the usual way. His Honor said he had observed that he bad been assigned to the Court, and drew attention to the coincidence that a similar objection had been taken before Mr. Justice Chapman, as in courtesy he might be termed, and the matter was now before the Court of Appeal Mr. Chapman had been requested to hold a Circuit Court at Invercargill, and received a special appointment. It was contended that the Governor had no power to make such an appointment, and that in consequence the convictions were bad. The point had been over-ruled by Mr. Justice Johnston, and an appeal had followed. ,

Mr. Buckley said the present case was much stronger than that. His Honor said Mr. Allan had the right ’ to ask for amendment. Mr. Allan did not wish it.

Mr. Buckley further objected that owing to an omission there was no allegation that the matter had been tried before a fury. The indictment mentioned James Prendergast, Esq., Chief Justice, but said nothing whatever about a jm - y. A charge of rape could not be tried before a judge alone, and the inference therefore was that there had been no proper trial. He objected again that the oath was not set out, and again that it was not alleged that the oath had been taken with reference to the charge of rape. On these grounds he contended that the indictment was bad.

His Honor pointed out that it was not alleged that James Came'on had ever been indicted. He ■ was inclined to overrule the demurrer, allowing the matter to be brought forward subsequently if necessary. The prisoner must plead. The prisoner, who was allowed to be seated during the trial, pleaded not guilty. Jury : Messrs. Freeman (foreman), Serancke, Beady, Owen, Casey, Hadyn, H. F. Smith, John Evans, Bowley, Whitehead, Buick, and Bussell.

Mr. Allan opened the case, and then called Henry Ohudleigh Wilmer, deputy registrar of the Court, who produced the indictment preferred against James Cameron, for rape. Daniel Keefe, crier of the court, proved the administration of the oath to Eliza Smith.

A number of witnesses gave evidence as to facts, or alleged facts, and shortly after 6 p.m. the case was postponed till ten o’clock next morning, and the Court then adjourned.