SUPREME COURT.

New Zealand Times, Volume XXXII, Issue 5081, 6 July 1877, Page 3

SUPREME COURT.

CEIMINAL SITTINGS. (Before his Honor tho Chief Justice). The Court sat yesterday at 10 o’clock, and the following cases were disposed of. FRAUDULENT BAKKROPTCT. Charles Grey, confectioner, was brought up on remand, charged with fraudulent bankruptcy in not discovering to the trustee of his estate certain goods. The arguments jn reference to the sufficiency or insufficiency of the indictment against the prisoner were resumed from the previous day, Mr. Izard appearing for the Crown, and Mr. Gordon Allan for the defence. The learned counsel for the prosecution contended that the indictment was sufficient, as it enumerated the different articles which the accused had not discovered to tho trustee, aud which could not be hold as properly belonging to the bankrupt.

His Honor considered that the indictment ought to have set forth in detail the several articles, and their value, instead of stating their value in the aggregate. Mr. Izard suggested that the indictment might be amended by striking out certain items mentioned in the indictment.

His Honor thought there was considerable objection to adopting this course. Mr. Allan contended that the striking out certain items from the indictment would render it faulty, and that there was no case to go to the jury. After some further observation Mr. Izard said he would abandon the second and fourth counts in tho indictment.

This was done accordingly, and Mr. Allan proceeded to address tho Court and jury for the defence, contending that the indictment was altogether faulty originally, and now that

it had been amended it was too weak to be sustained. He reviewed the evidence which had been called in support of the charge against the prisoner, who, he urged, had been harshly and unfairly treated, and that when the bailiff came to his place, ho in the hurry of the moment, made misstatements without any intention of defrauding his creditors. His Honor then summed up, reviewing the greater part of the evidence taken in the case, and leaving it to the jury to say whether prisoner had acted with any wilful intention to defraud or not. The jury retired, and after an absence of nearly two hours returned into court with a verdict of guilty on the first and third counts, in not having discovered to the trustee the following goods:—On box paper bags, one plate, two wedding cakes, three stands flowers, fourteen tins lollies, two tins English lollies, two tins peels, and other articles. His Honor observed that this virtually amounted to an acquittal on the other counts. Mr. Allan requested bis Honor to reserve the points raised by him against the indictment. His Honor said he would do so, and remanded prisoner until next morning for sentence. ASSAULT AND ROBBERY. Charles William Nicholson was arraigned on an indictment charging him with having committed a violent assault upon Thomas Harris, and stealing from him one watch and a purse containing coin to the amount of £1 9s. Jury ;—Henry Barber, William Edwards, D. Anderson, jun., Thomas Henry Allison, John Corbett, J. Scarr, J. Astell, E. T. Carr, G. Maxting, William Plimmer, R. Cleland, and George Hall. Mr. Bell appeared to prosecute in this case ; Mr. Barton for the defence. Thomas Harris was examined as to the occurrence, and he recapitulated the evidence given in tbe Resident Magistrate's Court a few days ago ; and Constable Sutherland was also examined. Mr. Bell during the course of the examination stated that he would drop the second count, and proceed only on that charging the prisoner with stealing the watch. The defence was to the effect that the prisoner took the watch from prosecutor, who was shown to have been very drunk at the time —in order to do the latter a kindness by taking care of it for him. His Honor, in summing up, remarked that it would be useless for the jury to trouble themselves about the first count of the indictment, because there appeared to be no sufficient evidence of the prisoner having exercised violence towards the prosecutor. The chief points for their consideration were whether the circumstances of the case as set before them were consistent with an innocent intention. The jury without retiring returned a verdict of not guilty, and the prisoner was accordingly discharged. OCEAN MAIL PERJURY CASE. Alexander Caiman stood charged for that he had on 27th of April last, at the Chatham Islands, committed wilful and corrupt perjury. Messrs. Izard and Chapman appeared to conduct the prosecution. Mr. Travers de-

fended. Before prisoner was called on to plead, Mr. Travers said he wished to demur to the indictment. The objections he proposed to take applied to all the counts, but more particularly to several, which he specified. His Honor pointed out that it was rather inconvenient to take the objections by demurrer, because such a course would prevent the points being reserved for the Court of Appeal if it were considered advisable to do so. It would be better if the objections were taken at a subsequent period of the proceedings. Prisoner then pleaded not guilty, and the case proceeded. The evidence given was similar to that which was given at the Chatham Islands, and which we published in full. It was elicited in cross-examination, that since the wreck it had been discovered that the ship’s chart (Imry’s) was wrong in respect of the Chatham Islands to the extent of sixteen miles. The whole of the witnesses swore the log was not hove during the trip of the vessel. At 5 o’clock the Court adjourned till 10 o’clock next morning.