SUPREME COURT.

New Zealand Times, Volume XXXI, Issue 4847, 4 October 1876, Page 2

SUPREME COURT.

CRIMINAL SITTING'S.

(Before His Honor the Chief Justice.) The Court resumed yesterday at 10 o’clock. THE HUTT ASSAULT. CASE

was called on, and Te Puni placed in the dock,. Mr. Barton calling a native named Hori Te Oraia, one of the men who took prisoner fromthe pilot station at the time when he (Te Puni) was mad there. His evidence was to the effect that prisoner had bean subject to fits of madness from his childhood—not brought on by drinking. Rangi Te Puni the mother of prisoner, was next examined, and stated that Henri Te Puni’s mother (that is, prisoner’s grandmother) was mad, and committed suicide.

Hori te Puni, prisoner’s brother, was at theHutt on the 15th of last month. Saw prisoner, who was crazy. Watene was a priest of the native gods who cure madness. Henare Te Puni, the prisoner’s father, said when his son came from the pilot station he was strange in his conduct, but different from* what he was when drunk.. His expression! was altered, and he walked about heedlessly. Several other relations of the prisoner were examined, the tendency of the evidence being to the effect that Te Puni was at times given to insanity, which he inherited.

Counsel did not address the jury. His Honor then summed up, and dwelt at length on the point of insanity, and quoted authorities to show that where it was clearly shown that there was complete derangement of the brain of the person charged in a case such as that before the Court, the prisoner could not be held responsible for his actions; but that thecase was different where there was only partial insanity—that was to say, where a man was perfectly rational on all points save one ; while simple drunkenness was no excuse for the committal of the act. In this case, he observed, the evidence for the defence was strongly ia favor of the assumption that accused was at the time of the assault suffering from a fit of lunacy ; and it had been shown that his grandmother, on the father’s side, committed suicide while suffering from a similar attack, which had not been brought on by drinking. The jury retired to consider their verdict, and were absent for some time. Their verdict was that accused was guilty of assault with intent to do grievous bodily harm. Sentence was deferred. SENTENCE. William Donnelly was sentenced to twelvemonths’ imprisonment, with hard labor. In.' passing sentence his Honor remarked that hadprisoner been found guilty of burglary, instead of simple larceny, his sentence- would havebeen much more severe. • MISDEMEANOR. Charles Edward Haughton was charged with the above offence. Mr. Allan appeared for the prosecution;; Mr. Buckley, with Mr. Barton, for prisoner. Evidence was taken, and at 6 o'clock the.case was adjourned until this morning. The Court then rose.