SUPREME COURT.

Poverty Bay Standard, Volume I, Issue 305, 9 December 1884, Page 2

SUPREME COURT.

YESTERDAY. (Before His Honor Judge Gillies.) On resuming at two o’clock the case of forgery against Watene Taitapanui was continued. His Honor said the prisoner had been found guilty on his own confession of those two crimes and explained how serious the committing of such crimes was looked upon by Europeans. According to law he could sentence people to imprisonment for life for offences of that nature. He would have dealt leniently with the prisoner, but there weie three previous convictions of theft ob 'ained against him, and he would therefore sentence prisoner to four years penal tervitude. Larceny as a Bailee. James Murphy, alia# Robert Bruce, pleaded guilty to the charge of larceny as a bailee, by converting to his use one horse, the property of 0. E. Cowen. He also pleaded guilty to a similar charge by converting to his use on' saddle and bridle, the property of the same owner. The prisoner was removed and will be brought up for sentence when the Court orders. This was owing to his Honor wishing to hear the other cases of horse stealing yet to come on before pronouncing sentence. Horse Stealing. Henare Mohonga alia.s Henare Pohatu alias Henare Hori pleaded guilty to three separate charges of horse stealing. Mr, DeLautour appeared for the prisoner, and pointed out tho aliases were not. used in an offensive sens® hut arose merely from difficulty the Crown prosecutor had in affixing the precise name. He also drew his Honor’s attention to the facilities that were thrown in the way of natives to commit, these '•rimes. The only other thing he could say in favor of the prisoner was his extreme youth. Sentence was deferred. Atrra Tipuna alias Hori Tipuna, also pleaded guilty to the charge of horse stealing. S *nfence d furred. Tamati Pnraikiti alias Tomati Taurenga, pleaded guiltv to n similar charge. . Sentence d»'fnrre'l. Onarn Wharaekene. alias Onarn Harihnri was charged with f«*lonionßly stealing one brown mare on the Ist. of July, the property of D. Malone. Prisoner pleaded not guilty. Mr. Whitcombc appeared for the prisoner.

The following Jurymen were then eworn • \V. Barber, W. Edwards, W. Gunn, H. Davis, R. Nasmith, J. Brown, C. Waldron, L. Mclntosh. C. K C. Webb, W. Johnson, D. Brach and J, Maynard. Mi. J. Brown waselinsen foreman, Mr. Nolan, Crown prosecutor, opened the case by explain nrtbe facts which be said were very clear, and that the evidence would be sufliuieni for them to arrive at a satisfactory verdict. About five witnesses were now called and gave evidence which we have previously published. Mr Whitcomb? addressed the Court at length contending that the evidence was, on the face of it, contradictory, and insufficient to support the charge. His Honor addressing the jury pointed out that the only point to be decided was as to whether the time of the missing of the horse and the sale of the horse, about five months, would be sufficiently strong evidence to convict the prisoner with the larceny of it. After retiring for about five minutes the jury brought in a verdict of “ Guilty.” His Honor ordered the removal of the prisoner until to-morrow morning when he would pass sentence in all cases. The Court then adjourned until the following morning. THISDAY. The five persons convicted yesterday 0! horse stealing were brought forward this morning, and after hearing their statements his honor addressed the prisoners, saying that each of them had been found guilty of horse stealing, of which crime they did not appear to understand that it was of bo serious a nature. He read, the law and pointed out that they had each made themselves liable to a term uf imprisonment not exceeding fourteen years. Ou that occasion he would not inflict the full penalty, though he would be severe, seeing that that crime is so much on the increase in this and other districts, and in order to check the growth of the crime. He then passed sentence as follows Atera Tipuna—lmprisonment for eighteen calendar months; Tamati Paraikiti—Two years, with hard labor; James Murphy—Two years, with hard labor; Henare Mohonga—Penal servitude for three years; Anaru Wharekena—-Penal servitude for three years.

Arson. Robert Pearson Finalyson was arraigned on the charge of maliciously setting we to one store, the property of John Hayes, at Riporur, on the 10th September last. Mr. Rees appeared to defend the prisoner, who pleaded not guilty. The following jurymen were then sworn in W. Gunn, J. Clarke, W. Smith, G. Morris, C. Waldron, E. Wilkinson, E. H. Harper, W. Baiber, W. Edwards, J. Maynard, J. H. Davis, C. H. C. Webb. Mr. W. Smith was chosen foreman. The Crown Prosecutor explained the charge stating that the evidence, as was needed to be in ail such cases of that nature, was circumstantial, as it was not at ail likely that a m..n would burn a house down if anyone would probably see him do it. In that case he thought they would find the evidence clear and conclusive. The prisoner on the 22nd of August took out an insurance policy of £5O on a store, and a policy for £250 on goods contained in that s'ore. The policy was taken out in the prisoner's name. The store was h ‘property of John Hayes, who would prove that he spoke • o prisoner about insuring the store and received the reply from him (hat the store was insured in his (Ha>es) nam-* and if it was burned he would Ih<refore get the insurance money. In the ino th of August a certain person valued the stock in -he store, showing hat it was only worth from £lOO down. That thnn made £lBO in all. Mr. G aham, of the firm nf Granam, Pitt and Bennett, would prove that prisoner was indebted to them in the sum of £290, and that they about that time made a peremptoiy demand to him for the money. He mentioned that fact to show that the prisoner had some reason or motive in committing the offence with which he was charged. As to the fire it would be prov- d by Haves that he was awakened in the night mentioned by calls and getting up saw the. store on fire. He then went to the store and knocked at the room in which the prisoner generally slept, but he was not then found there. Hayes then got a horse and started off to obtain a constable, and whilst going along the beach he saw tracks and about half-way between Bipirua and Awanui he call'd a man named Smith, and they b-ith followed the tracks up to Walker’s hole), at Awanui. On passing the hotel they hea d a noise as of the opening and shu' ing of a window. Mr. Walker and others would prove that the prisoner came to the hotel ab >ut one o’clock on the afternoon of the 9th of September. He then left and returned again about ten o’clock, when he went to bed there. Tha afternoon he went to the hotel he was rather decently dressed, and had with him a leather bag or satchel, which appeared full, lie took that to his room when he retired to bed. The constable arrived on the following morning, and went to the prisoner’s room and found the satchel, which was then empty, and shortly afterwards Mrs. Walker found a pair of trousers, a pair of boots and socks, which were wringing wet under a tub. She accused prisoner of being the person who committed the deed, and he replied “ I am done for,” or something to that effect, and he was then arrested by the constable. That was the whole of the evidence.

[Left sitting,]