SUPREME COURT.

New Zealand Times, Volume XXXII, Issue 4926, 6 January 1877, Page 3

SUPREME COURT.

CRIMINAL SITTINGS. (Before his Honor the Chief Justice.) Friday, January 5. The Court sat at the usual hour, 10 o’clock. John McCann was brought up for sentence, and in answer to the formal qu°stion put by the Registrar, said simply that he was quite guiltless of the charge. His Honor : That is a Matter not to be stated now ; that was for the jury, and they have decided. The sentence of the Court is, that you be kept in penal servitude for twelve years, and that you be twice privately whipped, the number of strokes at each whipping to be thirty. SENTENCE DEFERRED. In the case of Coleman, who had been found guilty on the previous day of attempting to murder his wife, his Honor said he desired further time to consider what sentence he should pass; and therefore ordered that prisoner be brought up at 10 o’deck on Monday morning. CONCEALMENT OP BIRTH. Louisa Smith and her daughter were then placed in the dock, and the charge was read over. 1 The younger was alleged to have unlawfully concealed the birth of her child, and the elder with aiding her in the crime. Mr. Barton (who was for the defence) objected to the prisoners being tried at the same time. They should either be tried separately, or else the Crown should be confined to evidence against both, and not evidence which would tell against one only. His Honor pointed but that, he had no' power to rule as -Mr. Barton desired, but reminded the learned counsel that he had the power in his own hands tp obtain a separate trial by separating the challenges. - Mr. Barton said bis' object was that his learned friend . might have an opportunity of altering his indictment otherwise than as a jeint 0ne.,,: ... . - , Mr. Bell declined to make an amendment, but as his> friend desired that prisoners not be tried (.together, the girl might be tried first, there being a separate indictment against her. Lonisa Smith the elder was then ordered, to stand down, and the younger stood in the dock alone. The following jury were empannelled:— Martin Millar, I. James, Thomas Phillips, George Dobbie, Salvatori Cemino, Francis Fisk, William Haybittle, Alex. McGregor, Robert Quee, jun., John Banson, B. B. Haybittle, and Chas. Lucas. In answer to the charge prisoner pleaded not guilty. Mr, Bell then proceeded to open the case for the prosecution, and informed the jury of the evidence he proposed to call. His Honor told Mr. Bell that such evidence as he had spoken of was insufficient, as the proof to be brought forward did not prove that the child found was the child of Louisa Smith. Mr. Bell under these circumstances declined to call any evidence. The prisoner was therefore discharged, as was also her mother. UNNATURAL OFFENCE. Owen Cummings, charged with the above offence, pleaded not guilty. Mr. Allan appeared for the defence. Evidence having been heard, and counsel having delivered addresses, The Jury retired, and after an absence of about two hours returned with a verdict that prisoner was guilty of attempting to commit the offence with which he had been charged. His Honor deferred passing sentence till Monday. The Court then adjournel till 10 o’clock on Monday morning.